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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. 2 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 3 (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. 5 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. 6