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Chapter 147 of the Code of the Town of Mamaroneck hereby is repealed and the following is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.
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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
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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).
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(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.
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