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HomeMy WebLinkAbout2002_4_17_Local_Law_No_5 LEGAL NOTICE OF ADOPTION The following Local Law was adopted by the Town Board of the Town of Mamaroneck on April 17, 2002. Local Law No. 5 - 2002 This local law shall be known as the "The Update to the Town of Mamaroneck's Law on Town- Owned Parking Lots" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows: Section 1 - Purpose: In 1967, the Town Board added chapter 147- entitled "Parking Lots, Town-Owned" - to the Code of the Town of Mamaroneck. Since then individual amendments and additions have been made to this chapter. The purpose of this local law is to repeal the existing chapter 147 and replace it with an updated chapter regulating parking in parking lots owned by the Town of Mamaroneck. Section 2 - Repeal and Re-enactment: Chapter 147 of the Code of the Town of Mamaroneck hereby is repealed and the following is substituted in its place: Chapter 147 PARKING LOTS, TOWN-OWNED § 147-1. Definitions and word usage. A. Word usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. Terms defined. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: INSIGNIA - The emblem issued by the Town Clerk to a permit holder. MOTOR VEHICLE - Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. PARKING LOT -Any town-administered outdoor space or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof where motor vehicles may be parked or kept overnight and for which a charge is made. PERMIT HOLDER -A person to whom a permit is issued pursuant to this chapter. PERSON -An individual, or a firm, partnership, association, corporation, company or organization of any kind. TOWN - The Unincorporated section of the Town of Mamaroneck. § 147-2. Applicability. The provisions of this chapter shall apply to all persons using any of the parking lots described in §147-3. § 147-3. Designation and numbering of parking lots and designation of permits. Parking lots are numbered and designated as follows: A. Lot No. 1: parking lot situated at Myrtle Boulevard, Vine Street and a portion of Baldwin Avenue, Town of Mamaroneck. B. Lot No. 2: parking lot situated at Maxwell Street, Town of Mamaroneck. C. Lot No. 3: parking lot situated at Myrtle Boulevard and North Chatsworth Avenue, Town of Mamaroneck. D. Lot No. 4: parking lot situated on Myrtle Boulevard, Town of Mamaroneck. § 147-4. Hours of permitted use. The hours of permitted use of Lots No. 1, No. 2, No. 3 and No. 4 shall be established by the Town Board by resolution from time to time. § 147-5. Special permit parking areas; fees. A. The Town Board shall from time to time by resolution designate certain areas within Parking Lots No. 1, No. 2, No. 3 and No. 4 for such parking as the needs of the community may require. B. The Town Board shall from time to time by resolution set the fees and duration for permits issued pursuant to this chapter. § 147-6. Permit requirements. No person shall park a motor vehicle in any parking lot unless the Town Clerk shall have issued a permit allowing the motor vehicle to be parked in a particular parking lot and the permit holder shall have attached the insignia to the motor vehicle in accordance with the instructions given to the permit holder by the Town Clerk. § 147-7. License application. A. There shall be five types of parking permits: daytime business area parking permits, daytime meter parking permits, daytime non-meter parking permits, overnight parking permits and twenty-four hour parking permits. B. Application for a permit shall be made to the Town Clerk upon such form as prescribed by the Town Clerk. C. Each type of permit shall be effective on the first day of June in the year in which it is issued and shall expire on the thirty first day of May in the year following the year it was issued. -2- D. The Town Board from time to time by resolution or local law may create such other types of parking permits or create such other type of rules for parking in the parking lots described in §147-3 as it may determine to be necessary. § 147-8. Other fees. The Town Board shall determine by resolution from time to time the rates for permits issued to senior citizens. § 147-9. Issuance of permits. A. The Town Clerk shall not issue a permit for any motor vehicle unless the applicant demonstrates to the Town Clerk's satisfaction that the applicant is the owner of or entitled to the possession of such motor vehicle. B. The Town Clerk shall keep a record of the number of each permit issued, the date it is issued, the name and address of the person to whom it is issued, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued and the number of the parking lot for which that permit is issued. The Town Clerk shall maintain a record of all permit fees collected. C. The Town Clerk may only issue permits to residents of the town. At the time of application for a permit the applicant shall submit proof of such residency in a form satisfactory to the Town Clerk. D. The Town Clerk shall not issue an overnight parking permit or a twenty-four hour parking permit to a person if another person in the same household as the applicant already is the holder of an overnight parking permit or a twenty-four hour parking permit. The preceding sentence shall not apply to permits issued prior to the effective date of this law. Such permits may be renewed even if two or more permit holders are members of the same household. For the purpose of this Subsection, the term "Household" shall mean one or more persons living together as a single housekeeping unit. E. Each permit shall entitle only the motor vehicle or vehicles listed in the permit application to be parked in the parking lot for which such permit is issued with the following exception. Upon payment of the required fee, a daytime meter parking permit or a daytime non-meter parking permit shall authorize either one of two motor vehicles to be parked in the parking lot for which such permit is issued and the insignia associated with that permit shall contain the numbers, words or letters appearing on the license plate of each motor vehicle specified by the permit holder on the permit application. At the permit holder's discretion the insignia can be moved from one motor vehicle to the other at any time; however, under no circumstances can both motor vehicles listed on the permit application be parked at the same time in the same parking lot for which such permit is issued, except at times when parking in such parking lot is unrestricted. § 147-10. Attachment of insignia. The Town Clerk, upon issuing a permit, shall also issue an insignia to the permit holder and instruct the permit holder as to where the insignia is to be placed within the motor vehicle. The type, size and form of the insignia shall be determined from time to time by the Town Clerk; however, the insignia shall bear the permit number assigned, the numbers, words or -3- letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued, the words "Town of Mamaroneck", the number of the parking lot for which the permit is issued and the expiration date of the permit. § 147-11. Renewal of permit; denial. A permit may be renewed if an application to renew is made and the required fee paid no later than 15 days prior to the expiration date of such permit. The Town Clerk may refuse to issue a permit to any person whose prior usage of any permit has been deemed by the Board of Police Commissioners of the Town of Mamaroneck to be an abuse of the privileges granted by said permit. § 147-12. Transfer of ownership. A. Permits cannot be transferred between permit holders except as provided in Subsection B of this Section. B. Upon the sale of or other transfer of title of a motor vehicle for which a permit has been issued, the insignia shall be removed by the permit holder and returned by the permit holder to the Town Clerk. Upon proper application and payment of a required fee, a replacement insignia shall be issued for the unexpired term of the original permit. Under no circumstances shall the fee for the unexpired term be refunded. C. Alteration of a permit or an insignia or the making of a false statement in an application for (i) a permit or (ii) the renewal of a permit or (iii) the replacement of a permit shall be grounds for the immediate revocation of a permit by the Town Clerk. § 147-13. Parking. Each motor vehicle using any of the parking lots at all times shall be parked with its front end nearest to the barrier and shall be parked wholly within one designated space. § 147-14. Enforcement. Every police officer of the town shall enforce the provisions of this chapter. The Board of Police Commissioners of the Town of Mamaroneck is hereby authorized to delegate to persons other than police officers the authority to enforce the provisions of this chapter. § 147-15. Fines for parking infractions. A. Fines are established as follows: (1) Overtime at meter: fifteen dollars ($15). (2) Parking in permit area without a permit: fifteen dollars ($15). (3) Parking where prohibited between 3:00 a.m. and 6:00 a.m.: ten dollars ($10). (4) Blocking fire hydrant: twenty-five dollars ($25). (5) Parking in fire lane or fire circle: twenty-five dollars ($25). (6) Blocking driveway: fifteen dollars ($15). (7) Parking in wrong direction: ten dollars ($10). (8) Parking on sidewalk: fifteen dollars ($15). (9) Abandoning a vehicle: twenty-five dollars ($25). (10) Parking without plates: twenty-five dollars ($25). (11) Parking with motor running: twenty-five dollars ($25). -4- (12) Parking in zone marked "No Parking Here to Corner": fifteen dollars ($15). (13) Parking in bus stop: fifteen dollars ($15). (14) Parking in handicapped space: fifty dollars ($50). (15) Parking with invalid inspection: twenty dollars ($20). (16) Parking with invalid registration: twenty-five dollars ($25). (17) Double parking: twenty-five dollars ($25). (18) All other parking infractions: fifteen dollars ($15). B. The above amounts are base fines. All violators who fail to pay the base fine within thirty (30) days of the issuance of a summons will be subject to the following penalties: (1) If paid after thirty (30) days but before sixty (60) days of summons being issued: double the original fine. (2) If paid after sixty (60) days but before ninety (90) days of summons being issued: double of Subsection B(1). (3) If paid after ninety (90) days of summons being issued: double of Subsection B (2). C. In any prosecution of a summons or appearance ticket issued for the violation of Subsection (A)(2) of this Section, it shall be no defense that the permit holder held a valid permit but failed to display the insignia properly at the time that the summons or appearance ticket was issued. § 147-16. Penalties for offenses. Any persons violating any provision of this chapter other than those set forth in § 147-15 shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed ten dollars ($10.). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense. Section 3 — Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 4 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. -5-