LL #07-1991NEW YORK STATE DEPARTMENT OF STATE
tc-nal Law Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
aiX of............WAPPIN.ER................................................
Town
YXKW
Local Law No...........7......................................... of the year 19 ...9.1
A local lass ......Re�ulatinc� Traffic and Parking within, Pr yate.ly. Owned Areas
...................................... .... .... ........
(Insert Title) in the Town of Wappinger
Be it enacted by the ........ QW..q..BQ x.d..................................................................................................of the
(Narne of Legislative Body)
4=XTown of ................WAPPINC�,NR . as foilolys:
�►�Iflfi��K
TEXT COMMENCES ON NEXT PAGE.
(1f additional space is neede(I, attach pages the same size as this sheet, and number each.)
Section 1.
A LOCAL LAW REGULATING
TRAFFIC AND PARKING WITHIN PRIVATELY
OWNED AREAS IN THE TOWN OF WAPPINGER
Legislative Intent.
a) The authority to regulate parking areas and driveways of
hospitals, shopping centers, private apartment complexes, fire
stations, private condominium complexes, industrial parks, and
industrial complexes is set forth in Section 1660-a of the
Vehicle and Traffic Law.
b) The Town Board has heretofore received various
recommendations from the Superintendent of Highways, the Fire
Inspector, and owners of private property to regulate traffic and
parking on certain areas under private control or ownership
within the Town of Wappinger. In consequence of those
recommendations, the Town Board has adopted Local Law #2 of 1978,
Local Law #2 of 1979, Local Law #8 of 1979, and Local Law #3 of
1981. Vehicle and Traffic Law Section 1800 has been recently
amended to permit towns to increase fines for traffic
�41r infractions. Accordingly, the Town Board has determined that it
is in the best interests of the public health, welfare and safety
of the people of the Town of Wappinger to consolidate all traffic
and parking regulations pertaining to privately owned property
and areas, heretofore created by prior Local Laws, into one Local
Law for ease of administration and to increase the maximum fines
for infractions of this Local Law as authorized by Section 1800
of the Vehicle and Traffic Law.
1
Section 2. Definitions.
The definitions set forth in Article 1 of the Vehicle and
Traffic Law of the State of New York, as the same may be amended
from time to time, are hereby adopted as applicable to this Local
�4w Law.
Section 3. No Parking, Standing or Stopping.
Parking, standing or stopping of any vehicle is prohibited
in any of the following locations:
a) In lanes marked "Fire Lanes", "Safety Lanes", or areas
marked "No Parking" within those parking areas and
driveways maintained by Village Crest Apartments, its
successors or assigns;
b) In lanes marked "Fire Lanes", "Safety Lanes", or areas
marked "No Parking" within those parking areas and
driveways maintained by White Gate Apartments, its
successors or assigns;
c) In lanes marked "Fire Lanes", "Safety Lanes", or areas
marked "No Parking" within those parking areas and
driveways maintained by Woodhill Green Condominiums
a
(formally "Scenic Garden Apartments"), its successors or
assigns;
d) In lanes marked "Fire Lanes", "Safety Lanes", or areas
marked "No Parking" within those parking areas and
driveways maintained by Wappinger Plaza, its successors
or assigns;
e) In areas designated for parking by handicapped drivers
unless such a vehicle has and displays a parking permit
for a handicapped person duly authorized in the manner
prescribed by Section 1203-a of the Vehicle and Traffic
Law.
Section 4. Posting Responsibility and Requirements.
It shall be the responsibility of the owners of the
aforementioned private property and areas, their successors or
assigns, to construct and maintain signs and other markings
144, r
appropriate to identify "Fire Lanes", "Safety Lanes", or areas
marked "No Parking" and to provide notice of tow -away
restrictions and fines. Said signs shall conform to the
uniformed standards prescribed by the New York State Department
of Transportation to the extent provision is made for such signs..
Fire lanes shall be located in those areas designated by the Fire
Inspector and/or Fire Chief in whose jurisdiction such lanes lie.
3
.-111k. • ""nmivgoA+NrMxw.Tlnn.rry gtrry+gmrr �, .
Section 5. Removal and Storage of Vehicles.
a) When any vehicle is:
1) parked or abandoned on any property under private
control or ownership within the Town of Wappinger
during a snowstorm, flood, fire or other public
%W emergency and removal of such vehicle is reasonably
necessary for the performance of emergency procedures;
2) is found unattended on any property under private
control or ownership within the Town of Wappinger
where said vehicle constitutes an obstruction to
traffic;
3) is parked or abandoned on any property under private
control or ownership within the Town of Wappinger
where stopping, standing or parking is prohibited; or
4) is otherwise parked in violation of this Local Law,
the Dutchess County Sheriff, Zoning Administrator, Highway
Superintendent, Fire Inspector and Town Constable of the Town,of
%r
Wappinger or their designees, may cause such vehicle to be
removed.
b) After removal of any vehicle as provided above, the
person acting on behalf of the Town may cause the storage of such
vehicle in a suitable place at the expense of the owner. Such
owner or person in charge of the vehicle may redeem the same upon
4
payment to the Town Clerk of the Town of Wappinger of the amount
of all reasonable expenses actually and necessarily incurred in
1%W affecting such removal together with any charges for storage.
c) The person acting on behalf of the Town as provided above
shall without delay report the removal and disposition of any
�kr► such vehicle removed to the Town Clerk of the Town of Wappinger.
The Town Clerk shall ascertain, to the extent possible, the owner
of such vehicle or the persons having charge of'such vehicle and
notify the owner of the removal and disposition of such vehicle
and the amount which shall be required to redeem same to the
extent that such amount can be calculated at the time of such
notice. Such notice shall be in writing and shall be mailed to
the address ascertained by the Town Clerk to be the address of
the owner having charge of such vehicle.
d) Nothing herein contained shall limit the right of
enforcement of this Local Law solely to removal and storage
pursuant to this section.
Section 6. Enforcement.
In addition to the authority to remove and store vehicles as
set forth in Section 5 above, the Dutchess County Sheriff, Zoning
Administrator, Highway Superintendent, Fire Inspector and Town
Constable of the Town of Wappinger or their designees, shall be
5
authorized and empowered to issue or cause to be issued.an
appearance ticket for any violation of any of the provisions of
this Local Law, returnable in the Justice Court of the Town of
Wappinger, or any other..Court of competent jurisdiction.
Section 7. Penalties for Offenses.
A person operating any vehicle in violation of the Local Law
herein described, or the owner or operator of any vehicle which
is otherwise in violation of this Local Law, shall be subject to
punishment by a fine not more than One Hundred ($100.00) Dollars
or by imprisonment for not more than fifteen (15) days or by both
such fine and imprisonment; for a conviction of a second
violation, both of which were committed within a period of
eighteen (18) months, such person shall be punished by a fine of
not more than Two Hundred ($200.00) Dollars or by imprisonment
for not more than forty-five (45) days or by both such fine and
imprisonment; upon a conviction of a third or subsequent
violation, all of which were committed within a period of
r eighteen (18) months, such person shall be punished by a fine of
not more than Three Hundred ($300.00) Dollars or by imprisonment
for not more than ninety (90) days or by both such fine and
imprisonment.
Section 8. Rescission of Prior Local Laws.
Local Law #2 of 1978, Local Law #2 of 1979, Local Law #8 of
1979, and Local Law #3 of 1981 are hereby rescinded, except that
this rescission shall not affect or prevent the prosecution of
punishment of any pers.on for any act done or committed in
violation of any ordinance or Local Law hereby rescinded prior to
the taking effect of this Local Law.
Section 9. Severability.
In the event any portion of this Local Law is declared to be
unenforceable by a Court of competent jurisdiction, all of the
remaining portions shall continue in full force and effect.
Section 10. 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.
7