Local Law 10 - 2018LOCAL LAW NO. 10 OF THE YEAR 2018
A Local Law entitled "Local Law Amending Chapter 230 of the Town Code Prohibiting
Parking During Snow Emergencies."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title.
This Local Law shall be known and cited as "Local Law Amending Chapter 230 of the
Town Code Prohibiting Parking During Snow Emergencies."
Section II: Legislative Intent.
The Town Board of the Town of Wappinger finds and declares that the expeditious removal
of snow from the public highways in the Town of Wappinger is required to keep the highways open
for emergency vehicles during snow emergencies to protect the health, safety and welfare of the
inhabitants of the Town. The Town Board enacts this Local Law to prohibit parking on public streets
and highways in the Town of Wappinger, outside the corporate limits of the Village of Wappingers
Falls, pursuant to the authority granted by New York State Vehicle and Traffic Law §1660 (18) &
(27). A snow emergency shall exist when the National Weather Service has issued an advisory or
warning that winter weather conditions are expected to be severe, hazardous or cause significant
inconvenience to the traveling public. This Local Law also grants authority to local officials to declare
a snow emergency in circumstances where the National Weather Service has not issued advisories
for the Town of Wappinger.
The Local Law also reorganizes Chapter 230 Article III of the Town Code to include the new
section and make the Article internally consistent.
Section III: Amendment of Parking Prohibited at All Times
§ 230-16 entitled "Parking prohibited at all times; parking of commercial vehicles." is
hereby deleted and replaced with a new § 230-16 to read as follows:
"§ 230-16. Parking prohibited at all times.
A. No person shall park a vehicle at any time upon any of the streets or parts thereof
described in Schedule XII (§ 230-46), attached to and made a part of this chapter.
Section IV: Amendment of Parking Prohibited Certain Hours.
§ 230-19 entitled "Parking prohibited certain hours; all-night wintertime parking." is hereby
deleted and replaced with a new § 230-19 to read as follows:
"§ 230-19. Parking prohibited certain hours.
A. No person shall park a vehicle between the hours specified in Schedule XV
(§230-49) of any day, unless otherwise indicated, upon any of the streets or parts
of streets described in said Schedule, attached to and made a part of this Chapter.
Section V: Prohibiting Overnight Parking of Commercial Vehicles
Chapter 230, Article III is hereby amended by the addition of a new § 230-19.1 to read as
follows:
"§ 230-19.1 Overnight Parking of Commercial Vehicles Prohibited
A. No person shall park a commercial vehicle between the hours of 7:00 p.m. and 7:00
a.m. the next day on any Town road in any residential zoning district, except in the
event of an emergency.
(1) For the purposes of this section, a "commercial vehicle" shall be a vehicle
which exceeds 18,000 pounds in gross vehicle weight, and includes tractors,
road tractor -trailers, rollers, tractor and truck cranes, power shovels, road -
building machines, snowplows, road sweepers, sand spreaders, tank trailers and
buses, and any other such vehicle used for, intended to be used for, registered
for or potentially registered for commercial purposes.
(1) Notwithstanding the above, the following shall be exempt from this
section:
i. Any authorized emergency vehicle as defined by New York State
Vehicle and Traffic Law §101.
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ii. Any vehicle owned by a municipality or corporation engaged in
repairs or improvements to any utility provided by the Town of
Wappinger or its authorized agents.
iii. Any vehicle owned by a municipality or corporation engaged in
repairs or improvements to any street or right-of-way maintained by
the Town of Wappinger.
iv. Any vehicle which is in the process of picking up or delivering
merchandise or other property.
v. The temporary parking of any vehicle on a road while the driveway
where said vehicle is normally parked is being repaved.
Section VI: Wintertime Parking Restrictions
Chapter 230, Article III is hereby amended by the addition of a new § 230-19.2 to read as
follows:
"§ 230-19.2. Wintertime Parking Restrictions
A. Overnight Parking Prohibited During Wintertime.
(1) Between November 1 of each year and March 31 of the following year, no
vehicle shall be left standing or allowed to remain parked upon any public
highway of the Town of Wappinger, outside of the corporate limits of the
Village of Wappingers Falls, between the hours of 12:00 midnight and 8:00
a.m. during such months.
B. Snow Emergency. Declaration and Duration
(1) A snow emergency shall automatically exist when the National Weather
Service issues any of the following advisories for a forecast area that includes
the Town of Wappinger:
(a) BLIZZARD WARNING
(b) ICE STORM WARNING
(c) SNOW SQUALL WARNING
(d) WINTER STORM WARNING
(e) WINTER WEATHER ADVISORY
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(2) When the National Weather Service has not issued an winter advisory listed in
subdivision B(1) above, the Town Supervisor, the Superintendent of Town
Highways or their designees may declare a snow emergency for the Town of
Wappinger whenever road conditions become hazardous such that the free
movement of fire, health, police or other vehicular traffic may become impeded
by reason of snow, freezing rain, sleet or other natural causes.
(a) Upon the declaration of a Snow Emergency, the Town of Wappinger
shall contact the media and issue public announcements about the snow
emergency by any reasonable means available.
(b) It shall not be a defense to a charge of violating snow emergency
regulations that the vehicle operator or owner was unaware of any such
snow emergency announcement.
Duration of Snow Emergency.
(a) Any snow emergency declared as a result of a National Weather Service
Advisory described in subdivision B(1) above shall commence at the
issuance of the weather advisory or one hour prior to the commencement
of the warned time period stated in the NWS advisory and shall cease
48 hours after the expiration of the NWS advisory, unless otherwise
extended or terminated by the Town Supervisor, the Superintendent of
Town Highways or their designees.
(b) Any snow emergency declared by the Town Supervisor, the
Superintendent of Town Highways or their designees shall commence
within 30 minutes of the issuance of the declaration, or at such time
stated in the declaration, and shall cease 48 hours after the issuance of
the declaration of emergency, unless terminated earlier by the Town
Supervisor, the Superintendent of Town Highways or their designees.
(c) Continuation of the emergency beyond the 48-hour time period shall be
conveyed to the public by the Town Supervisor, the Superintendent of
Town Highways or their designees through the media and the Town of
Wappinger website.
(3)
C. No Parking During Snow Emergency
(1) No vehicle shall be left standing or allowed to remain parked upon any public
highway of the Town of Wappinger outside of the corporate limits of the
Village of Wappingers Falls during a snow emergency.
D. Signs. Signs giving notice of the parking restrictions set forth in subdivisions (A)
and (C) of this section shall be posted at all principal entrances to the Town of
Wappinger.
E. Removal and storage of vehicle. Any vehicle parked in violation of this section is
subject to removal and storage in accordance with the provisions of § 230-32."
Section VII: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law"
shall be changed to "Chapter", "Section" or other appropriate word as required for codification; and
any such rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code effected thereby.
Section VIII: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence, sub-
section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts
of this Local Law or their application to other persons or circumstances. It is hereby declared to
be the legislative intent that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part thereof is held
inapplicable, had been specifically exempt therefrom.
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Section IX: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
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