[HISTORY: Adopted by the Board of Trustees
of the Village of Montebello 4-20-1988 by L.L. No. 18-1988. Amendments noted
where applicable.]
GENERAL REFERENCES
Snowplow operators — See Ch. 150.
This chapter shall be known and may be cited
hereinafter as the "Vehicle and Traffic Law of the Village of Montebello."
It is the aim of the Village Board of the Village of Montebello to
provide for safety of motor vehicle operation on Village roads and
highways; and for regulation, maintenance and management of vehicular
safety in public places with respect to movement of traffic, parking,
ingress and egress; and vehicular safety in shopping centers and other
places accessible to the public in the Village of Montebello. This
chapter shall not apply to individual residential lots.
It is the aim of the Village Board of the Village
of Montebello to promote the public health, welfare and safety of
its residents by:
A.
Regulating the use and operation of motor vehicles
upon the streets, highways and public places accessory to or connected
with industrial, commercial, professional, educational or recreational
facilities and other services or facilities accessible to the public
in the Village.
B.
Regulating the construction, reconstruction, management
and maintenance of open areas, avenues of access or parking spaces
for motor vehicles at the foregoing or similar uses and activities.
C.
Designating fire lanes or zones in shopping centers.
D.
Disposing of unattended and abandoned motor vehicles
in fire lanes or other public places or zones duly marked restricted
by the Police Department or on any other public road or public area
similarly restricted during periods of public emergency by a Village
of Montebello agency in the interest of safety or during the winter
season where the same impedes or interferes with snow removal or safe
motor vehicle traffic.
A.
All words, terms and phrases herein relating to the
use and operation of motor vehicles shall be defined as set forth
in the Vehicle and Traffic Law of the State of New York; and, if no
specific definition is set forth therein, all words shall have their
usual meanings in the English language.
B.
CHIEF OF POLICE
FIRE ZONE
HIGHWAY DEPARTMENT
OWNER
PARKING, PARK or PARKED
PERSON
POLICE DEPARTMENT
PROPERTY
SIDEWALKS
STREET or HIGHWAY
SUPERINTENDENT OF HIGHWAYS
TOWN
VEHICLE
As used in this chapter, the following terms shall
have the meanings indicated:
The Chief of the Police Department of the town or of any
Department then serving the Village.
An unobstructed passageway marked or designated to permit
free ingress and egress of police and other emergency vehicles and
equipment from a public highway.
The Highway Department of the Town or of any Department then
serving the Village.
The registered owner of a vehicle found in violation of this
chapter shall be presumed to be the "owner" and shall be held prima
facie responsible for compliance with any requirement hereunder or
violation thereof or of any other section hereof.
Stopping upon any public road or highway and leaving a motor
vehicle or motorcycle unattended by a person lawfully permitted to
operate it.
A person, firm, partnership, association, corporation, company
or organization of any kind.
The Police Department of the Town of Ramapo or any Department
then serving the Village.
Any real property within the Village which is not a street
or highway.
The portion of the street between the physically established
curblines and the designated property lines.
The entire width between the boundary lines of every publicly
maintained way or road when any part thereof is open to the public
for use or vehicular travel.
The duly elected or appointed head of the Highway Department
serving the Village.
The Town of Ramapo.
An automobile, truck, trailer, motorcycle, tractor, buggy
and wagon or any other machine propelled by motive power and designed
to travel along the ground on wheels, treads, runners or slides and
to transport persons or property or pull machinery.
[Amended 6-22-2005 by L.L. No. 4-2005]
No person shall operate his motor vehicle upon
any public highway, private road or other area open to motor vehicle
traffic within the Village of Montebello at a rate of speed in excess
of 30 miles per hour, except that the rate of speed on other roads,
highways or areas accessible to public vehicular travel in the Village
of Montebello shall not be in excess of any other duly posted speed
limit. This section shall not apply to ambulances, fire vehicles or
police vehicles when on emergency trips, and they shall operate as
required with due regard to the emergency and due observance of safety
in the circumstances; nor shall this section apply to state highways
maintained by the State of New York or highways maintained by the
New York Thruway Authority.
A.
The following highways within the Village of Montebello
may not be used for travel or operation by trucks, commercial vehicles,
tractors or tractor-trailer combinations:
B.
In addition to the foregoing streets, roads or highways,
the prohibition shall likewise apply to all other public roads which
have been duly posted by the Police Department to indicate such prohibition
or restriction.
C.
Notwithstanding the foregoing, this section shall
not be construed to prevent the delivery to or pickup of merchandise
or other property with respect to dwellings situated along such highways;
nor shall any person be prevented from traveling on said highways
to and from his place of residence.
A.
All commercial buses for hire and other coach-type
buses for the carrying of passengers for hire are excluded from the
use for travel or operation of all streets and highways within the
Village of Montebello and/or under the jurisdiction of the Village
of Montebello, except for the following streets, roads and highways:
(1)
All county and state roads.
B.
The following vehicles are specifically exempt from
the application of this section:
(1)
Buses carrying children for school, educational or
recreational purposes, provided that such buses use the excluded highways
for the purpose of picking up or discharging children at their respective
homes.
(2)
The following buses operated by the County of Rockland:
Transportation Resources Intra-County for Physically Handicapped and
Senior Citizens (TRIPS) and Transport of Rockland (TOR) buses.
(3)
Buses utilized for the transportation of senior citizens
on organized tours, provided that such buses use the excluded highways
for the purpose of picking up or discharging senior citizens at senior
citizen complexes.
C.
Notwithstanding the foregoing, this section shall
not be construed to prevent the delivery or pickup of merchandise
or other property along the highways from which such vehicles are
otherwise excluded.
A.
Authority to regulate and control traffic in shopping
centers. The Village Board of the Village of Montebello finds that
the assembly of increasing numbers of persons and motor vehicles at
shopping centers and other large commercial and public areas affects
the safety of its citizens and that the health, welfare and safety
of the community will be promoted by the promulgation of regulations
with respect to use of motor vehicles in such public areas. Accordingly,
and pursuant to the authority granted under § 1640-a of
the Vehicle and Traffic Law of the State of New York, the Village
Board of the Village of Montebello does hereby authorize the Highway
Department, upon the advice of the Village Planning Board, to perform
the following functions, in the discharge of which the Highway Department
may, as required, request the assistance of the Police Department,
which shall cooperate and provide such necessary aid as may be indicated
or required in the circumstances:
(1)
Order stop signs, yield signs or flashing signals
erected at specified entrance locations to a parking area or designate
any intersection in the parking area as a stop intersection or as
a yield intersection, and order like signs or signals at one or more
entrances to such intersection; and designate and mark any separate
roadway in the parking area for one-way traffic; and cause removal
of other obstruction and safety hazards in or on such premises; and
install or cause to be installed pavement markings, curbing, barriers
or other channelization devices or traffic control devices and facilities
at the expense of the owner of the premises and have the cost of same
assessed against the owner of record of said premises, said cost to
be levied by the office of the Village Clerk-Treasurer and collected
in the manner of any other tax or assessment imposed upon or levied
against the premises.
(2)
Regulate movement of traffic and standing motor vehicles
to prevent obstruction in the parking area, including regulation by
means of traffic control signals.
(3)
Prohibit or regulate the turning of any vehicles at
intersections or other designated locations in the parking area.
(4)
Regulate the crossing of any roadway in the parking
area by pedestrians.
(5)
Prohibit, regulate, restrict or limit the stopping,
standing or parking of vehicles in specified areas of the parking
area.
B.
Illegally parked and abandoned vehicles. In addition
to the foregoing, the Police Department is hereby authorized and directed
to remove and store:
(1)
Vehicles parked or abandoned in the parking area during
snowstorms, floods, fires or other public emergencies; or
(2)
Unattended vehicles in the parking area when they
obstruct traffic or when stopping, standing or parking is prohibited.
(3)
The owner or operator of any such vehicle shall pay
the reasonable charges for the removal and storage of any motor vehicle
removed and stored under the foregoing provisions.
C.
Establishment and marking of fire zones. The Chief of the Fire Department governing the territory in consideration, in cooperation with the Chief of Police, and upon the advice of the Planning Board, is hereby authorized, pursuant to the authority granted under § 1640-a of the Vehicle and Traffic Law of the State of New York, to determine and establish appropriate fire lanes in all shopping centers. Thereupon, the Highway Department shall cause to be erected or installed adequate signs, markings and other devices to delineate said fire lanes. Signs, markings and other devices erected or installed on such privately owned premises shall be at the cost of the owner and may be billed for and collected in the same manner as hereinabove set forth in Subsection A.
A.
Fire zones.
(1)
No motor vehicle shall stand, park or remain unattended
in an established fire zone or in an area designated as a no-parking
area, except when actually loading or unloading passengers, materials
or goods.
(2)
Whenever any motor vehicle is found parked or stopped
in violation of this chapter, the Police Department and/or the Building
Inspector or his designee shall have the power, right and authority
to issue an appearance ticket, as the same is defined in Article 150
of the Criminal Procedure Law of the State of New York, and/or a traffic
parking summons of the Justice Court of the Village of Montebello,
for the violation of this section.
[Amended 6-20-2012 by L.L. No. 2-2012]
(3)
If there is no response in the Justice Court to the appearance ticket or traffic parking summons issued, the Court shall issue a summons to the owner of the motor vehicle to which the appearance ticket or traffic parking summons was affixed and direct that the same be served upon said owner. In any prosecution charging a violation of § 180-8, proof that the vehicle was parked in violation of this section, together with proof that the defendant named in the summons issued by the court was, at the time of violation, the registered owner thereof, shall constitute a presumption that the registered owner of such vehicle was the person who parked or placed the vehicle at the point where and for the time during which such violation occurred.
B.
Other areas and time limitations. The Chief of Police
may declare certain areas, streets, roads and highways in the Village
restricted to parking of motor vehicles and may designate the length
of time for lawful parking in said areas, and he shall cause to be
erected and installed appropriate signs or markers; except that during
the winter season and during periods of snow removal, the Police Department,
in cooperation with the Highway Department, may further restrict such
streets and highways as may be necessary in the public safety, and
he shall give such notice thereof as may be practicable in the circumstances.
A.
Use of permit.
(1)
Any vehicle bearing a handicapped parking permit issued
pursuant to § 1203-a of the Vehicle and Traffic Law of the
State of New York is authorized to park in any area in the Village
of Montebello designated for parking for the handicapped.
(2)
The Village Clerk-Treasurer shall keep a list of designated
parking areas in the Village of Montebello, a copy of which can be
obtained at the Village Clerk-Treasurer's office.
B.
Establishment of spaces for parking for handicapped
persons. The Planning Board of the Village of Montebello is hereinafter
empowered to require the inclusion of spaces for handicapped parking
in any site plan for the construction of shopping centers and all
office uses in the Village of Montebello.
C.
Use of permit by unauthorized person. Any person to
whom a permit has not been issued and who shall use a permit issued
pursuant to this chapter for any purpose other than parking a motor
vehicle while transporting a physically handicapped person shall be
guilty of a traffic infraction within the meaning of § 1800
of the Vehicle and Traffic Law.
D.
Parking permit; limitations on use. A vehicle bearing
such parking permit for the handicapped shall be deemed in violation
of the applicable rules and regulations governing parking in the Village
of Montebello when such vehicle shall be parked in a bus stop, a taxi
stand, within 15 feet of a fire hydrant, a fire zone, a fire lane,
a firehouse, a driveway, a crosswalk or is double parked.
E.
Violation.
(1)
Whenever any motor vehicle which does not bear a parking
permit for the handicapped is found parked in an area designated for
handicapped parking, the Police Department and/or the Building Inspector
or his designee, shall have the power, right and authority to issue
an appearance ticket, as the same is defined in Article 150 of the
Criminal Procedure Law of the State of New York, for the violation
of this section.
(2)
If there is no response in the Justice Court of the
Village of Montebello to the appearance ticket issued, the court shall
issue a summons to the owner of the motor vehicle to which the appearance
ticket was affixed and direct that the same be served upon said owner.
In any prosecution charging a violation of this section, proof that
the vehicle was parked in violation of this section, together with
proof that the defendant named in the summons issued by the court
was at the time of the violation the registered owner thereof, shall
constitute a presumption that the registered owner of such vehicle
was the person who parked or placed the vehicle at the point where
and for the time during which such violation occurred or who gave
his or her consent to the person who parked or placed the vehicle
at the point where and for the time during which such violation occurred.
[Amended 6-20-2012 by L.L. No. 2-2012]
(3)
Penalties for violation. Every person convicted of
a traffic infraction for a violation of any provision of this section
which is not a violation of any provision of the Vehicle and Traffic
Law of the State of New York shall, for a first conviction thereof,
be punished by a fine of not less than $50 nor more than $100, or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment; for a second such conviction within 18 months thereafter,
such person shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment for not more than 45 days, or by
both such fine and imprisonment; upon a third or subsequent conviction
within 18 months after the first conviction, such person shall be
punished by a fine of not more than $300 or by imprisonment for not
more than 90 days, or by both such fine and imprisonment.
[Amended 6-22-2005 by L.L. No. 4-2005]
A.
Any motor vehicle found standing in an established
fire zone or violating other provisions of the chapter may, upon the
direction of a police officer, be towed to any public or private parking
facility, and the expense of such towing and subsequent storage shall
be borne by the registered owner of such vehicle.
B.
No motor vehicle shall remain or stand unattended
in any unrestricted public place or parking lot unless the engine
is stopped and the ignition is shut off and the ignition key removed
from the vehicle, with brake effectively set thereon; and, when standing
upon any grade, the front wheels turned to the curb or side of the
highway or otherwise secured as required in the circumstances.
C.
Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such police officer is authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of town police headquarters, and said vehicle may be dealt with or disposed of as set forth in § 180-12 herein or otherwise as may seem indicated in the circumstances.
D.
No vehicle shall be parked in front of any private
driveway or in front of or within 10 feet, measured along the curb,
of the entrance to any theater, auditorium, church or other public
building or any firehouse, except for such reasonable time as may
be necessary for taking on or discharging passengers or merchandise.
A.
The following acts are hereby prohibited:
(1)
The parking of unlicensed automobiles upon any part
of the public street.
(2)
"All-night parking" is hereby defined as continuous
parking between the hours of 12:00 midnight and 6:00 a.m., inclusive,
during the period from November 1 to April 1, inclusive. This prohibition
shall be in addition to any other elsewhere imposed herein on motor
vehicles.
(3)
Abandoning any vehicle with the Village or leaving
any vehicle at any place within the Village for such time and under
such circumstances as to give a reasonable appearance of abandonment.
(4)
Leaving any partially dismantled, nonoperating, wrecked
or junked vehicle on any street or highway within the Village.
(5)
Allowing any partially dismantled, nonoperating, wrecked,
junked or discarded vehicle to remain longer than 24 hours on the
property of any owner, tenant, occupant, lessee or other person in
charge or control thereof, and no person shall leave any such vehicle
on any property within the Village for a longer time than 24 hours.
(6)
Parking or standing of vehicles in restricted areas
at the time of hazard or emergency.
B.
Exceptions. This chapter shall not apply to any vehicle:
(1)
In an enclosed building;
(2)
Operated in a lawful place and manner on the premises
of a business enterprise when necessary to the operation of such business
enterprise; or
(3)
In an appropriate storage place or depository maintained
by the Village or any private person performing a similar function
as herein provided for.
A.
The Chief of Police and/or the Superintendent of Highways,
as the circumstances may warrant, are hereby authorized to remove
or have removed any vehicle left at any place within the Village under
circumstances which reasonably indicate that such vehicle is in violation
of this chapter or lost, stolen or unclaimed or, where it constitutes
an obstruction to traffic or is a hazard during a storm, flood, fire
or other public emergency duly declared by the Mayor.
B.
Such vehicle shall be impounded by the Chief of Police
or the Superintendent of Highways, as the case may be, and stored
in such place as shall be authorized by the Mayor. If a vehicle is
removed from private property listed on the tax rolls of the Village,
the Mayor shall, within 10 days after impounding, send a notice by
registered letter to the owner of the land, at the last address shown
on the Tax Assessor's records, advising that the vehicle has been
impounded and must be reclaimed within 30 days. Vehicles may be reclaimed
and shall be subject to a mandatory towing charge as provided in the
Schedule of Fees[1] and a storage charge not to exceed the prevailing rates
customarily charged for such storage. If the vehicle is not reclaimed
within 30 days from impounding, the Village shall dispose of the vehicle
impounded and deposit such funds received, if any, to the credit of
the general fund.
[Amended 6-22-2005 by L.L. No. 4-2005]
[1]
Editor's Note: The Schedule of Fees is on
file in the Village Clerk-Treasurer's office.
C.
Abandoned vehicles impounded by the Village at the
written request or consent of the owner of the land upon which the
vehicle has been abandoned may be disposed of by the Village as soon
as reasonably feasible after impounding upon direction of the Mayor,
and any funds received shall be deposited to the credit of the general
fund.
D.
Storage and charges. After removal of any vehicles
as provided in this chapter, the Chief of Police or Highway Superintendent
may store such vehicle in a suitable public or private place at the
expense of the owner. Such owner or person in charge of the vehicle
may redeem the same upon payment to the town of the amount of all
towing expenses actually and necessarily incurred, together with any
charges for storage, such storage charges not to exceed the prevailing
rates customarily charged for such storage.
[Amended 6-22-2005 by L.L. No. 4-2005]
[Added 6-22-2005 by L.L. No. 4-2005]
Except as otherwise provided herein, any person
convicted of violating any provision of this chapter shall be guilty
of a traffic infraction and subject to the penalties provided by § 1800
of the Vehicle and Traffic Law.
