[HISTORY: Adopted by the Town Board of the Town of Webster 5-11-1978. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 210.
This chapter shall be known as "An Ordinance of the Town of Webster providing for the Control, Regulation and Maintenance of Parking and Accessory Areas."
It is the purpose of this chapter to promote the public health, safety and welfare of the citizens of the Town of Webster by providing for the control, regulation, maintenance, cleanliness and preservation of parking and accessory areas provided for or required in connection with any subject premises as herein defined.
For the purpose of this chapter, terms used herein are defined as follows:
- ACCESSORY AREA
- Buffer zones, setbacks or other areas, surfaced or natural, open space or improved space in connection with subject premises.
- The residue from the burning of wood, coal, coke or other combustible materials.
- AUTHORIZED OFFICIAL
- The Commissioner of Public Works and such deputies as he shall appoint, subject to the approval of the Town Board.
- FIRE LANES
- Lanes of sufficient width for use by fire-fighting equipment established in the parking area adjacent to buildings and structures.
- Putrescible animal and vegetable wastes resulting from the preparation, handling, cooking and consumption of food.
- GARBAGE RECEPTACLE
- A covered container which is rodent- vermin- insect- and waterproof.
- Owner, tenant, trustee, receiver, executor, managing agent or other person who controls in whole or in part any subject premises.
- LIGHTING PERIOD
- One-half (1/2) hour after sunset of any date to one-half (1/2) hour before sunrise of the following day.
- PARKING AREA
- Space provided by holder for the parking of vehicles on any subject premises, together with the means of ingress and egress thereto and the roads and driveways of any subject premises.
- PARKING SPACE
- Designated places in a parking area for the parking or standing of automobiles, trucks, motorcycles and other vehicles.
- Holes and cracks occurring on any paved or unpaved surface of a parking area.
- All solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes, including ashes, consisting of both combustible and noncombustible wastes, such as, paper, cardboard, tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding, crockery and similar materials.
- SUBJECT PREMISES
- Any premises which contains 15 or more acres in whole or in part, any parking area servicing any individual, commercial (retail, wholesale or services to the public), professional, entertainment, recreational, apartment, townhouse, planned unit development or multiple dwelling use or area or other areas used for purposes or functions to which the general public is invited, directly or indirectly, the ingress and egress thereto, roads and driveways therein, buffer zones, setbacks or other open space in connection therewith with respect to all of said areas used in connection with such premises.
- TRAFFIC LANES
- Lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in a parking area.
- TRASH RECEPTACLES
- A container with appropriate covers to receive hand-carried, discarded paper and trash.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
Owners of subject premises shall be ordered by the Town Board to conform to any or all of the following standards relating to traffic and parking control on subject premises where such conformance is deemed necessary by the Town Board, in its discretion, to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises:
Fire lanes shall be established and maintained in the parking area at the front, side and rear of all buildings and structures on subject premises and properly painted and marked as such. Vehicular parking and standing is prohibited in a fire lane, except that a commercial enterprise may use the fire lane adjacent to it as a pickup station for its customer's use, provided that such activity does not cause a traffic hazard and the Town Board grants its approval for such use of the fire lanes.
Traffic lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs and median strips.
Parking lines for parking spaces shall be established and maintained in the parking area and properly painted and marked as such.
Provision shall be made on subject premises for the parking of bicycles and motorbikes.
Parking spaces in the parking area shall be set aside and designated for handicapped persons and ramp facilities provided where necessary. Parking spaces for the handicapped as provided for in §§ 1203-a and 1203-c of the New York Vehicle and Traffic Law shall also be extended to a motor vehicle registered in accordance with § 404-a of the Vehicle and Traffic Law. A handicapped permit issued in accordance with the provisions of § 1203-a of the Vehicle and Traffic Law shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces reserved for those holders of a handicapped parking permit as provided in accordance with § 1203-a or 404-a of the Vehicle and Traffic Law.
[Amended 11-7-1985 by L.L. No. 4-1985]
Provision shall be made for the safe movement of pedestrians while in the parking area or accessory area through the use of walkways, medians and crosswalks.
Curbing and traffic barriers or islands shall be built where necessary and maintained so as to enforce desired traffic patterns within the parking area. Where possible, traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment.
Stop signs, flashing signals or yield signs shall be erected at entrance or exit locations to a parking area or at intersections within the parking area where required for traffic safety.
Signs regulating parking, traffic flow and speed limits on subject premises shall be erected.
The owner may be required to properly designate an agent for service of process who resides in and has an office in Monroe County, State of New York.
Procedure for establishing traffic and parking control standards.
The authorized official, at the direction of the Town Board, shall notify the owner of subject premises of the standards for traffic and parking control which must be met. Such notice shall be in writing and addressed to the owner of record of such subject premises at the address shown on the last preceding assessment roll, and sent by certified mail, return receipt requested, or hand delivered. Within 30 days of the receipt of such notice or within such time as the authorized official consents, such owner shall present to the authorized official a Comprehensive Plan and time schedule for conforming to such standards. The authorized official, after review of such plan by the Planning Board, the Town Engineer and other appropriate boards or officials shall present such plans and time schedule to the Town Board which may make such revisions or add such requirements as it deems necessary to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises. Such owner shall be notified in writing by certified mail, return receipt requested, or by hand delivery of the approval of such plan and time schedule, together with revisions and/or additional requirements to be met. Subsequent to such notification, such owner shall conform to the standards and requirements as finally determined by the Town Board within the time schedule so specified, except where such owner makes application to the Town Board for a public hearing as provided herein, in which case, conformance shall be stayed until the decision of the Town Board subsequent to such public hearing.
Within 10 days of receipt of notification of such plan and time schedule, together with revisions and/or additional requirements, an owner of subject premises may make written application to the Town Board for a public hearing under this section for purposes of reviewing the traffic and parking control standards required by the Town Board and to permit such owner to submit any objections to the plan and time schedule as may be revised by the Town Board, for the public record and for the Town Board's further consideration.
Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the Town Board within the specified time schedule shall be a violation of this chapter and such owner shall be subject to the enforcement proceedings set forth in § 154-7 and to the penalties set forth in § 154-7 herein.
Any holder of a subject premises shall comply with the following regulations:
All roads, sidewalks, driveways and parking areas used in connection with subject premises must be kept in proper repair, free from potholes, free from dirt where paved and free from refuse, snow and ice, except that snow may be piled on subject premises as long as it does not interfere with the internal circulation and parking of the parking area and does not hinder driver vision when entering or leaving the subject premises.
The subject premises must be kept free and clear of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions and must be kept properly repaired and maintained.
Fire lanes, traffic lanes and parking lines for parking spaces, where required, shall be maintained and properly painted and marked so that such lanes and lines will be clearly visible to vehicle operators and pedestrians.
Because of the traffic and safety hazard resulting from the random leaving of shopping carts in parking and accessory areas by persons, holders which provide shopping carts for its customers and shall allow its customers to remove such carts from their store premises are required to take whatever steps as are necessary to ensure that such carts are not left in parking or accessory areas after use by such customers. Shopping cart collection stations may be used in a parking area, provided that such stations do not create a traffic hazard, are kept free of snow and ice and are frequently policed by the store's employees so that the capacity of the stations are not exceeded. Failure of a holder to remove its cart from a parking or accessory area, other than from a cart collection station with sufficient capacity, for more than 30 minutes after use by a customer shall constitute a violation of this chapter by such holder. Each cart that remains in a parking or accessory area in violation of this regulation shall constitute a separate offense.
All prescribed lights on subject premises must be kept in proper working order and lighted during the lighting period when the subject premises or any portion thereof is being used by the holder, or the subject premises or any portion thereof is open for business. The authorized official may require the holder of any subject premises to reduce outdoor lighting after business hours.
All fences, signs, screening, curbing, traffic barriers and islands, grass, trees, shrubbery, landscaping, retaining walls, slopes and other space used in connection with subject premises must be maintained and/or repaired.
All water drainage systems used in connection with subject premises must be kept clean and in proper working order.
All stormwater retention ponds and systems related thereto used in connection with subject premises shall be maintained in proper working condition.
All exterior areas on subject premises must be kept free and clear of the storage of goods, wares and merchandise unless otherwise permitted by the authorized official. Loading and unloading are to be done in designated zones only.
All refuse and rubbish must be stored in a designated place or places in proper garbage receptacles which shall be screened from public view by fencing or other appropriate techniques.
There shall be, at convenient places for use by the public, proper trash receptacles which shall be sufficiently serviced to prevent overflow.
Where required, facilities for the parking of bicycles and motorbikes on subject premises and parking spaces and related ramp facilities for handicapped persons shall be maintained and properly designated.
Any deterioration of the exterior of any building on subject premises with respect to painted surfaces, siding, roofing, brickwork, mortar joints, signs, copings, overhangs, porches or other appendages, entrance or exit doors, display windows or any other part of the building exterior where such deterioration constitutes a hazard to the public, would cause significant and serious damage to the structure itself, or is unsightly and esthetically detrimental to subject premises or any property near subject premises, must be repaired or corrected.
Traffic and parking control standards to which holders of subject premises have conformed under § 154-4 of this chapter must be maintained.
Engineering requirements, landscape plans, parking and traffic control plans or any other criteria or requirements upon which approval of a site plan or special permit for subject premises is obtained from the Town Board upon recommendations by the Planning Board or from the Zoning Board of Appeals must be adhered to at all times.
The following vehicle and traffic control regulations shall be applicable to all users of a parking area:
No vehicle shall be driven or propelled within a parking area as defined herein in excess of 15 miles per hour.
All persons using a parking area shall obey all traffic control devices, including stop signs, flashing signals, yield signs, directional signs and entrance and exit signs contained in such parking area.
Where parking spaces are designated in a parking area, the parking and standing of vehicles shall only be permitted within such parking spaces.
It shall be a violation of this chapter for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking as defined herein or within § 1203-a, 1203-b or 1203-c of the Vehicle and Traffic Law unless such vehicle bears a permit issued under § 1203-a or a registration issued under § 404-a of the New York Vehicle and Traffic Law and such vehicle is being used for the transportation of a severely disabled or handicapped person.
[Added 11-7-1985 by L.L. No. 4-1985]
The violation of any regulation in Subsection A shall be deemed a traffic infraction under Article 45 of the New York State Vehicle and Traffic Law and shall subject violators to the penalties and disposition of fines and forfeitures as set forth in said Article 45.
The Monroe County Sheriff's Department, the Webster Police Department, the Town of Webster Special Police, and any other police agency having jurisdiction in the Town of Webster are hereby authorized to enforce all regulations and standards contained in this chapter of the Town Code of the Town of Webster.
[Amended 11-7-1985 by L.L. No. 4-1985; 4-3-2014 by L.L. No. 3-2014]
Any person, firm, partnership or corporation who or which violates any provision of this chapter shall be guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $500 or to imprisonment for not more than six months, or both such fine and imprisonment; and in addition, any person, firm, partnership or corporation who or which violates any of the provisions of this chapter or omits or refuses to perform any and every act hereby required shall respectively forfeit and pay a penalty of $50 for each and every such violation and nonperformance. The imposition of any such penalty or violation of this chapter shall not excuse such violation nor permit the continuance thereof. The application of the above penalty or penalties of the prosecution for violation of the provisions hereof shall not be held to prevent the removal, repair or correction of those conditions prohibited by this chapter or prevent conformance to the standards and regulations of this chapter by such legal means as may be proper.
In addition to any other penalty under the law, where there is a failure to comply with the standards and regulations of this chapter and if after giving 45 days' written notice of such failure by certified mail, return receipt requested, or by hand delivery, addressed to the owner of record of subject premises, such failure to comply with such standards and regulations or any part thereof has continued, the authorized official, upon the direction of the Town Board, is hereby authorized and empowered to remove, repair or correct those conditions prohibited by this chapter and to otherwise bring subject premises into conformance with the standards and regulations of this chapter. All costs and expenses incurred by the town in connection with any action so taken shall be assessed against the land upon which such action is taken. A copy of this chapter shall be attached to any notice sent under this subsection.
Every day that a violation of any of the provisions of this chapter is committed or continues after written notice from the Town of Webster or service of a summons upon a holder shall constitute a separate offense.
Where this chapter imposes greater restrictions or standards than are imposed by the provisions of any law, ordinance, regulation or private agreement, this chapter shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by this chapter, such greater restrictions and standards shall control.