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2011-0722011-72 Resolution Authorizing Town Attorney to Draft and Initiate Certain Local Law Proceedings in Respect to Vehicle, Traffic and Code Violation Updates and Modifications At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on February 14, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czamiecki. WHEREAS, the Town Board met with representatives of the Dutchess County Sheriff's Office to review patrol schedules, violation statistics and Town Code modifications; and WHEREAS, it was determined that the Town Code was lacking current provisions in respect to matters under the enforcement jurisdiction of the Town Patrol and Dutchess County Sheriff's Office; and WHEREAS, the Town Board has determined it beneficial to the residents of the Town of Wappinger to update the Town Code to ensure the enforcement authority of the Town Patrol and Dutchess County Sheriff s Office; and WHEREAS, the Attorney to the Town is authorized to initiate Local Law proceedings to modify the Town Code in respect to vehicle, traffic and code violation updates and modifications. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Attorney to the Town is authorized to initiate Local Law proceedings to modify the Town Code in respect to vehicle, traffic and code violation updates and modifications. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 2/14/2011 The Resolution is hereby duly declared adopted. f60N C. MASTERSON, TOWN CLERK DOUBLE PARKING No person shall stop, stand or park a vehicle on the roadway side of any vehicle stopped, standing or parked at the edge or curb or a street. A violation of the provisions of this section shall be punished, upon conviction, by a fine of XX dollars. FIRE ZONE & FIRE LANE (ALL LOCATIONS) When appropriate signs are erected giving notice that specific areas in municipal rear access drives are designated as "no parking,lane," and specific areas adjacent to and across from - stations are designated as "no parking, parking shall be prohibited in such areas. Any person violating this section shall, upon conviction, be punished by a fine of xx dollars. NO PARKING/PRIVATE DRIVE When appropriate signs are erected giving notice that specific areas in municipal rear access drives are designated as "no parking, private drive," parking shall be prohibited in such areas. NO PARKING/PEDESTRIAN CROSSINGS When appropriate signs are erected giving notice that specific areas in municipal rear access drives are designated as "pedestrian crossings," parking shall be prohibited in such areas. ABANDONED VEHICLES Term "abandoned" defined A motor shall be deemed to be an " " if left unattended: (a) With expired number plates and/or no number plates affixed thereto for more than six (6) hours on any highway or other public place; (b) For more than twenty-four (24) hours on any highway or public place, except a portion of a highway or public place on which parking is legally permitted; (c) For more than forty-eight (48) hours after the parking of such vehicle shall have become illegal if left on a portion of a highway or public place on which parking is legally permitted; or (d) For more than ninety-six (96) hours on property of another if left without permission of the owner of said property. Abandoned vehicles of minimal value without number plates If an , at the time of abandonment, has no number plates affixed and is of a wholesale value, taking into consideration the condition of the , of seven hundred fifty dollars ($750.) or less, title shall immediately vest in the Town of Wappinger. Abandoned vehicles of minimal value without number plates; abandoned vehicles with number plates; inquiry requirements of city (a) The Town of Wappinger having become trustee of an shall make an inquiry concerning the last owner of such as follows: (1) Abandoned vehicles governed by this chapter: no inquiry requirement. (2) vehicles with number plates affixed, without regard to the value of the to the jurisdiction which issued the number plates for the name and address of the last registered owner of the (3) vehicles with no number plates affixed of a wholesale value, taking into consideration the condition of the of more than seven hundred fifty dollars ($750.): to the Department of Motor Vehicles for the name and address of the last registered owner of the (b) In those cases where the Town of Wappinger must make inquiry as to the last registered owner, the city shall notify the last registered owner, if known, that the in question has been recovered as an and if unclaimed it will be sold at public auction after ten (10) days from the date such notice was mailed by certified mail, return receipt requested. The Town shall retain certification as to mailing and a copy of each letter sent. If the jurisdiction which issued the number plates or the Department of Motor Vehicles notifies the city that a lien or mortgage exists, the city shall then send notice to the lienholder or mortgagee. Recovery of costs Any person claiming an shall be required to pay to the town an administrative fee of $50 with $65 for the cost of removal and storage charges at the rate of $10 per day on said Acquiring title to Title to such abandoned vehicles, if unclaimed, shall vest in the Town of Wappinger ten (10) days from the date such notice is mailed to the last registered owner or, if the last registered owner cannot be ascertained, when the notice of such fact, that the registered owner cannot be ascertained, is received by the town. Abandoned vehicles fund; proceeds from sale (a) Any proceeds from the sale of an , less the expenses incurred by the local authority for the removal and storage of said , shall be held by the Town Clerk of the Town of Wappinger without interest for the benefit of the owner of the for a period of one (1) year from the date the is sold by the town. (b) If the proceeds are not claimed within such one-year period, such proceeds shall be paid into the general fund of the Town of Wappinger. Penalties for offenses (a) One who abandons a car. No person shall cause any to be in the city. There shall be a rebuttable presumption that the owner of an caused such to be . A violation of this provision shall be punishable by a fine of not less than two hundred fifty dollars ($250.) nor more than one thousand dollars ($1,000.). (b) Destroying, defacing or removing parts from vehicles. No person, other than one authorized by the Town of Wappinger, shall destroy, deface or remove any part of a which is left unattended on a highway or other public place without number plates affixed or which is A violation of this section shall be a Class A misdemeanor. OBSTRUCTION OF TRAFFIC WHERE PROHIBITTED (a) It shall be unlawful for any person to abandon, leave, suffer or permit any vehicle to be left upon any public highway or municipal property or public parking area in such position thereof as shall obstruct or impede vehicular traffic or constitute a condition dangerous to traffic, public welfare, safety or convenience. (b) For the purpose of this section, the parking or leaving of a trailer, tractor trailer or part thereof, or a vehicle with more than four wheels and tires in any combination weighing more than 8,000 pounds unladen, or any commercial non -self-propelled vehicle, on a public highway in an area zoned as a residential district, shall be deemed to be an obstruction or impediment to vehicular traffic and a condition dangerous to traffic, public welfare, safety or convenience. Any such vehicle shall not be in violation of this subsection when it is so parked while loading or unloading goods or merchandise or while parked in connection with the performance of a service to a property in the block on which such vehicle is parked. HANDICAPPED PARKING Any person parking a vehicle in an area designated as handicapped parking pursuant to the conditions of this article, without displaying on the vehicle a valid and current permit or in violation thereof, shall be subject to a fine, upon conviction, of $100. LITTERING No person shall leave, discard or deposit refuse, trash or garbage of any kind in any manner any in any public street, sidewalk, park, parking area or public place of any nature within the Town of Wappinger. REQUIRED DISPLAY OF INFORMATION ON VEHICLES Any vehicle that is parked on any public street, park, parking area of public place within the Town of Wappinger is required to display any and all license plates and window registration information as required by New York State Vehicle and Traffic Law. EXPIRED MOTOR VEHICLE INSPECTION Notwithstanding any other provision herein, no motor vehicle shall be operated or parked on any street of the town or in any public place therein, unless a certificate of inspection, as required by the New York State Vehicle and Traffic Law, is displayed upon the vehicle or affixed to the registration certificate for the vehicle. Any violation of this section which occurs while a motor vehicle is parked on any street of the Town of Wappinger or any public place therein shall constitute a parking violation and be punished by a fine of XX dollars . NO PARKING ON FRONT LAWN (a) It shall be unlawful for any person to operate any vehicle or to allow any vehicle to be parked, put in place or let remain on the front yard, front lawn or front property of any lot, building, residence, structure or premises: (b) It shall be unlawful to park a licensed or unlicensed nonpassenger motor vehicle or box or trailer part over 18 feet long on the lawn or driveway in any residential zone between the front line of the residential structure and the curbline to the street, except between the hours of 8:00 a.m. and 5:00 p.m., when a vehicle is engaged in the temporary activity of moving, lawn maintenance, or delivery. Parking Requirements (direction and location) (a) Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a two-way roadway shall be so stopped, standing or parked with the right-hand wheels of such vehicle parallel to and within twelve (12) inches of the right-hand curb or edge of the roadway. (b) Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a one-way roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or edge of the roadway or its left-hand wheels within twelve (12) inches of the left-hand curb or edge or the roadway. (c) Except where angle parking is authorized, every vehicle stopped, standing or parked partly upon a roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway. On a one-way roadway such vehicle shall be facing in the direction of authorized traffic movement; on a two-way roadway such vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. (d) A person violating any of the provisions of this section shall be, upon conviction, punished by a fine of XX dollars .