LL #20-2011Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
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.
❑ County
❑ City of Wappinger
O Town
❑ Village
Local Law No. 20 of the year 20 11
A local law entitled "Local Law No. 20 of 2011, Amending Chapter 230, Vehicles and Traffic, of the
(Insert Title)
Town Code so as to Prohibit the Overnight Parking of Heavy Commercial Vehicles on
Town Roads in Residential Zoning Districts".
Be it enacted by the Town Board of the
ame o egg a ive o y
❑ County
❑ City of Wappinger as follows:
V Town
❑ Village
(Delete this line of text and enter text of local law here)
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW # 20 OF THE YEAR 2011
A Local Law entitled "Local Law # 20 of 2011, for the purpose of amending Chapter
230, Vehicles and Traffic, of the Town Code so as to prohibit the overnight parking of
heavy commercial vehicles on Town roads in residential zoning districts.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as. "Local Law #_ of 2011, for the purpose of
amending Chapter 230, Vehicles and Traffic, of the Town Code so as to prohibit the
overnight parking of heavy commercial vehicles on Town roads in residential zoning
districts.
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate to amend Chapter 230,
Vehicles and Traffic, of the Town Code so as to prohibit the overnight parking of heavy
commercial vehicles on Town roads in residential zoning districts. This local law is
determined to be an exercise of the police powers of the Town to protect the public
health, safety and welfare of its residents.
Section 3: Code Amendments
1. Section 230-16.13, Parking Prohibited at All Times, of Chapter 230, Vehicles
and Traffic, of the Town Code shall be revised 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 Q 230-46), attached to and made a part
of this chapter.
B. No person shall park a commercial vehicle between 7:00 PM and 7:00 AM
on any Town road in any residential zoning district, except in the event of
an emergency. For the purposes of this section, a "commercial vehicle"
shall be a vehicle which exceeds eighteen thousand (18,000) pounds in
gross vehicle weight, and includes tractors, road tractor -trailers, rollers,
tractor and truck cranes, power shovels, road -building machines, snow
plows, 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. Notwithstanding the above, the
following shall be exempt from this section:
(1) Any police, fire or emergency service vehicle.
(2) Any vehicle owned by a municipality or corporation engaged in
repairs or improvements to any service provided by the Town of
Wappinger or its authorized agents.
(3) 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.
(4) Any vehicle which is in the process of picking up or delivering
merchandise or other property.
(5) The temporary parking of any vehicle on a road while the driveway
where said vehicle is normally parked is being repaved.
Section 4. Ratification, Readoation and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 5: Inclusion in Code
It is the intention of the Wappinger Town Board 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 subsections of this local law may be renumbered or relettered to
accomplish such intention; and that the word "local law" shall be changed to "chapter,"
"section" or other appropriate word, as required for codification.
Section 6: Renumbering
The location and numerical designation of this local law and the sections included herein
shall be delegated to the discretion of the codifier, General Code, which may renumber
this local law and sections as are necessary to accommodate these amendments.
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Section 7: Codification
This local law shall be incorporated into the Code of the Town of Wappinger and shall be
assigned a chapter number and appropriate section numbers by the codifier, General
Code, in accordance with the numbering system of the Code.
Section 8: Codifier's Chanes
This local law shall be included in the Code of the Town of Wappinger. The codifier
shall make no substantive changes to this local law, but may renumber, rearrange and edit
it without first submitting it to the Wappinger Town Board. Any such rearranging,
renumbering and editing shall not affect the validity of this local law or the provisions of
the Code affected thereby.
Section 9: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, 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 petition 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 hereof is held inapplicable had been
specifically exempt there from.
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.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 20 of 20 11 of
the (County)(City)(Town)(Village) of Wappinger was duly passed by the
Town Board l
(Name of Legislatwe Body)
on November, 14 20 11 in accordance with the applicable
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was dul a d b +f,
(Name of Legislative Body)
(repassed after disapproval) by the
Y p sse y e
on 20 — and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 _ of
was duly passed by the
20 and was (approved)( not approved)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
was duly passed by the
on 20 —and was (approved)(not approved)
(repassed after disapproval) by the on �0
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
Such local
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05)
Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was final opted in the manner indicated in
paragraph 1 above.
. id
CI f the county legis ative body, City, Town or Village Clerk or
officer designated by local legislative body
(Seal) Date: _ J) / l � J /I
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
)O(X*
9ftf Wappinger
Town
Date: /-'47 zi
DOS-239 (Rev. 05/05) Page 3 of 3