Chapter 21, TRAFFIC

ARTICLE I. IN GENERAL

§ 21-1. Powers of Chief of Police generally.

The Chief of Police is hereby empowered to make and enforce regulations necessary to make effective the provisions of this chapter and to make temporary regulations effective to cover emergencies. (Ord. No. 24, § 1, 3-30-1931EN)

§ 21-2. Power to designate crosswalks and traffic lanes.

The Chief of Police is hereby authorized, with the approval of the Mayor or Police Commissioner or Commission, to establish and designate by appropriate devices, marks or lines, crosswalks and traffic lanes on street pavements or surfaces at such places as he may deem advisable. (Ord. No. 24, § 9, 3-30-1931)

§ 21-3. Power to establish no-left-turn locations.

The Chief of Police is empowered to determine and designate, with the approval of the Mayor or Police Commission or Commissioner, those intersections at which operators of vehicles shall not make a left turn and shall place proper signs at such intersections. (Ord. No. 24, § 9, 3-30-1931)

§ 21-4. Power to designate one-way streets.

The Chief of Police is empowered to determine and designate, with the approval of the Mayor or Police Commission or Police Commissioner, streets upon which vehicular traffic shall proceed in only one direction and shall place proper signs on such streets. (Ord. No. 24, § 9, 3-30-1931)

§ 21-5. Obedience to police officers.

It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal or direction of a police officer or to disobey the instructions of any traffic sign or signal unless so directed by a police officer. (Ord. No. 24, § 3, 3-30-1931)

§ 21-6. Reserved.

§ 21-7. Application of chapter to emergency vehicles.

(a) The provisions of this chapter regulating the movement, parking and standing of vehicles shall not apply to ambulances, fire apparatus, police and military vehicles or emergency vehicles of a public service corporation, while in the performance of duty.

(b) This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others. (Ord. No. 24, § 4, 3-30-1931)

§ 21-8. Application of chapter to push carts, bicycles or animals.EN

Every person propelling any push cart or riding a bicycle or an animal upon a roadway and any person driving any animals shall be subject to the provisions of this chapter applicable to the operator of any vehicle, except those provisions of this chapter with reference to the equipment of vehicles and except those provisions which by their very nature can have no application. (Ord. No. 24, § 5, 3-30-1931)

§ 21-9. Reserved.

§ 21-10. Public emergency.

(a) The Mayor or his designee may declare a "public emergency." A public emergency may include a "snow emergency," flood, fire or any other public emergency in the discretion of the Mayor or his designee. When any vehicle is parked or abandoned on any public street or public parking lot within this Village during a public emergency which affects that portion of the public street or public parking lot upon which said vehicle is parked or abandoned and for such periods preceding or following any such public emergency as in the judgment of the Mayor or his designee may be needed to prepare for or complete governmental operations relating to the emergency, then said vehicle may be removed by the Police Department if the presence in said location of the vehicle might interfere with the operation of or access thereto by any authorized public vehicle or equipment. If at the time of the removal of the vehicle the vehicle is illegally parked in violation of any section of this Chapter 21 of the Village Code of Ordinances, then the owner of said vehicle is subject to the penalties in Subsections (b) and (c) of this section.

(b) The owner of any such vehicle which is towed shall be subject to a fine of up to $100 plus up to $50 for each twenty-four-hour period or portion thereof from the time of the towing.

(c) In addition to any fine imposed by the court, the owner of the vehicle removed shall be liable to pay any towing and storage costs charged either by the Village or any private concern for the removal and storage of the vehicle. (L.L. No. 4-2005, § 2)

§§ 21-11 - 21-19. Reserved.

ARTICLE II. TRAFFIC VIOLATIONS BUREAU

§ 21-20.Establishment.

The Court of Special Sessions of the village is authorized to establish a Traffic Violations Bureau in relation to the disposition of certain traffic violations of this chapter and of the Vehicle and Traffic Law of the State of New York. (Ord. No. 24, § 20, 3-30-1931)

§ 21-21.Person in charge; hours open.

The Traffic Violations Bureau shall be in charge of such person or persons and shall be open at such hours as the Court may, from time to time, designate. (Ord. No. 24, § 20, 3-30-1931)

§§ 21-22 - 21-30. Reserved.

ARTICLE III. OPERATION OF VEHICLES GENERALLY

§ 21-31. Stop intersections.EN

(a) The following streets shall be designated as stop intersections:

(b) After February 1, 1992, new stop intersections, in addition to those listed in § 21-31(a) may be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such additional intersections shall be maintained by the Village Clerk and Police Department. (L.L. No. 4-1979;EN L.L. No. 1-1984, § 1; L.L. No. 9-1984; L.L. No. 12-1984; L.L. No. 4-1985, § 1; L.L. No. 19-1987, § 1; L.L. No. 4-1990; § 1; L.L. No. 8-1990, §§ 1, 2; L.L. No. 6-1991, § 1; L.L. No. 1-1992, §§1, 2)

§ 21-32. One-way streets.

(a) A vehicle shall not proceed on a one-way street except in the direction indicated by the arrow.

(b) The following streets shall be designated as one-way streets:

Armour Villa Avenue, northbound, from Garrett Avenue to Lake Avenue
Bella Vista Street, southbound, from Hollywood Avenue to Verdi Avenue
Cedar Street, eastbound, from Lake Avenue to Railroad Avenue
Circle Road, eastbound, from Wallace Street to Chestnut Street
Circuit Avenue, westbound, from Chestnut Street to Wallace Street
Cottage Place, eastbound, from Oak Avenue to Sagamore Road
Crescent Place, eastbound, from Fisher Avenue to Marbledale Road
Depot Plaza, southbound, from Main Street to Oak Avenue
Garrett Avenue, eastbound, from Yonkers Avenue to Lake Avenue
Hollywood Avenue, northbound, from Verdi Avenue to Bella Vista Street
Lake Avenue, northbound, from Elm Street to Main Street
Lake Avenue, northbound, from Garrett Avenue to Elm Street
Lime Kiln Spur, westbound, from Wallace Street to Circuit Avenue
Main Street, westbound, from Eastchester line to Marbledale Road
Maple Avenue, southbound, from Lincoln Avenue to Eastchester line
Maynard Street, eastbound, from Pleasant Place to Wallace Street
Oak Avenue, southbound, from Oak Terrace to Cottage Place
Oak Terrace, eastbound, from Oak Avenue to Sagamore Road
Pleasant Place, northbound, from Clinton Place to Maynard Street
Railroad Avenue, northbound, from Cedar Street to Bronx Street
Scarsdale Road, westbound, from Lake Avenue to Yonkers Avenue
Sylvan Avenue, southbound, from Lincoln Avenue to Park Avenue
Terrace Place, northbound, from Garfield Street to Main Street
Van Duzen Place, westbound, from Wallace Street to Cameron Place
Verdi Avenue, westbound, from Hollywood Avenue to Bella Vista Street
Wallace Street, northbound, from Circuit Avenue to Fulton Street
Westview Avenue, northbound, from Ridge Road to Sagamore Road
Yonkers Avenue, southbound, from Main Street to Garrett Avenue
Young Place, northbound, from Fisher Avenue to Lincoln Avenue

(c) After February 1, 1992, new one-way streets, in addition to those listed in § 21-32(b), may be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such additional intersections shall be maintained by the Village Clerk and Police Department. (Ord. No. 24, § 12, 3-30-1931; L.L. No. 4-1979;EN L.L. No. 2-1984, § 1; L.L. No. 3-1984; L.L. No. 11-1984; L.L. No. 8-1987, § 1; L.L. No. 1-1992, § 4)

§ 21-33. Play streets.EN

All vehicles are prohibited from using any street designated as a play street, except as the requirements of the residents of the property abutting on such play streets may call for. (Ord. No. 24, § 13, 3-30-1931)

§ 21-33.1. Restriction of commercial traffic on certain streets.EN

Except for the purpose of loading or unloading or picking up deliveries within the village, no commercial motor vehicle having a rated cargo capacity of more than one ton shall be operated upon the following streets of the village:

Columbus Avenue, north of Lincoln Avenue
Fairview Avenue
Fulling Avenue
Lawrence Avenue
Lincoln Avenue
Maple Avenue
Marbledale Road, north of Fisher Avenue and south of Lincoln Avenue
Midland Avenue
Oakland Avenue
Ridge Road
Stewart Avenue

(Ord. No. 24, § 15, 3-30-1931; Ord. No. 35, § 1, 11-8-1954)

§ 21-34. Right turn on red light.

Beginning on January 1, 1977, all motor vehicles and bicycles shall be permitted to make right-hand turns at red lights after coming to a full stop, except where signs are posted expressly prohibiting such turns. (L.L. No. 6-1976)

§ 21-35. Driving on sidewalks prohibited.

No vehicle, bicycle, etc., shall be driven or propelled on the sidewalks, except at a permanent or temporary driveway. (Ord. No. 24, §§ 2, 11, 3-30-1931EN)

§ 21-36. Limitation on omnibus traffic.

No person, firm or corporation shall operate or move or cause or knowingly permit to be operated or moved any omnibus on the same street in the Village of Tuckahoe within 15 minutes of the operation of another omnibus owned or operated by the same person, firm or corporation. This section shall not apply to any person, firm or corporation operating a vehicle designated and registered as a school bus when such vehicle is carrying school children to or from their homes in the Village of Tuckahoe. (L.L. No. 5-1995, § 2)

§ § 21-37 - 21-43. Reserved.

ARTICLE IV. TRAFFIC CONTROL DEVICESEN

§ 21-44. Generally.

The Chief of Police is hereby authorized and, as to those signs and signals required hereunder, it shall be his duty to place and maintain or cause to be placed and maintained all official traffic signs and signals. All signs and signals required hereunder for a particular purpose shall, as far as practicable, be uniform as to type and location throughout the village. (Ord. No. 24, § 6, 3-30-1931)

§ 21-45. Traffic control signal legend.

Whenever traffic at an intersection is alternately directed to proceed and to stop by the use of signals exhibiting colored lights or the words "go," "caution" or "stop," said lights and terms shall indicate as follows, except that the term "traffic" shall not include pedestrians:

(1) Green or "go" shown alone: Traffic facing the signal may proceed, except that vehicular traffic shall yield the right-of-way to pedestrians and vehicles lawfully within the crosswalk or the intersection at the time such signal was exhibited.

(2) Yellow or "caution" when shown following the green for "go": Traffic facing the signal shall stop before entering the intersection unless so close to the intersection that a stop cannot be made safely.

(3) Red or "stop": Traffic facing the signal shall stop before entering the intersection and remain standing until green or "go" is shown alone, except that, at the crossings where right turns on the red light are permitted, vehicles in the lane nearest the curb may make a right turn after coming to a full stop. (Ord. No. 24, § 7, 3-30-1931)

§ 21-46. Unauthorized signs, signals, etc.

(a) It shall be unlawful for any person to place, maintain or display any unauthorized sign, signal or device to regulate parking or to direct the movement of traffic, or which conceals or hides from view an official sign or signal.

(b) Every such prohibited sign, signal, device or obstruction may be removed by the police without notice. (Ord. No. 24, § 8, 3-30-1931)

§§ 21-47 -- 21-56. Reserved.

ARTICLE V. SPEED REGULATION

§ 21-57. Maximum limits generally.

No vehicle shall be driven on the streets of the village at a greater speed than 30 miles per hour, provided that the Chief of Police may, from time to time, limit the speed of vehicles to lesser rates in congested school or other areas on any street in the village designated by him. (Ord. No. 24, § 18, 3-30-1931)

§ 21-58. Administrative fee for failure to pay fine or appear.

When the operator of a motor vehicle who has been issued a simplified traffic information alleging a violation of the provisions of the ordinances of the Village of Tuckahoe relating to the operation of motor vehicles fails to appear or pay the fine on or before the appearance date for a simplified traffic information, in addition to the fines established by law, such operator shall be charged and liable for an administrative fee of $20 if the fine is not paid or an appearance is not made before the 60th day after the original appearance date or any adjournment thereof. (L.L. No. 4-1987, § 1)

§§ 21-59 - 21-66. Reserved.

ARTICLE VI. STOPPING, STANDING AND PARKING

DIVISION 1. GENERALLY

§ 21-67. Parking violation fines.

(a) The fines for various parking violations shall be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such fines shall be maintained by the Village Clerk and Police Department. Notice of the amount of the fines established in accordance with this section shall be provided on all parking tickets, summonses and notices of violation.

(b) Notwithstanding 21-67(a) above, the amount of the fine for parking meter violations shall be $20. The amount of the fine for parking meter violations only shall be reduced by $10 per violation if the fine is paid in person at the office of the Court Clerk of the Village of Tuckahoe Justice Court on the day of the violation or, if the violation is issued on a day that the Court Clerk's office is not open, on the next business day.

(c) If the owner, operator or other party that may be responsible for a vehicle in accordance with the New York State Vehicle and Traffic Law fails to appear or pay the fine on or before the appearance date set forth on a parking ticket summons, in addition to the fines established pursuant to this § 21-67, such person or party shall be charged and be liable for the following penalties and administrative fees:

(1) The amount of the fine established pursuant to this § 21-67 for all parking violations shall be doubled if the fine is not paid or an appearance is not made before the 30th day after the original appearance date or any adjournment thereof; and

(2) The amount of the fine established pursuant to this § 21-67 for all parking violations shall be tripled if the fine is not paid or an appearance is not made before the 45th day after the original appearance date or any adjournment thereof; and

(3) An administrative fee of $10 shall be charged if the fine is not paid or an appearance is not made before the 21st day after the original appearance date or any adjournment thereof. (L.L. No. 5-1984;EN L.L. No. 13-1986, § 1; L.L. No. 1-1987, § 1; L.L. No. 4-1991, § 1; L.L. No. 3-1992, § 1; L.L. No. 11-1992, §§ 1, 2; L.L. No. 2-1993, §§ 1, 2;EN L.L. No. 6-2008, § 1)

§ 21-68. Business streets designated.

The business streets of the village are designated as follows:

(1) Main Street, from Bronx River line to Winter Hill Road.
(2) Lake Avenue, from Elm Street to Main Street.
(3) Yonkers Avenue, from Main Street to Garrett Street.
(4) Depot Square, all sides.
(5) Columbus Avenue, from Main Street to Lincoln Avenue.
(6) Crestwood Plaza, all sides.
(7) Fisher Avenue, from Columbus Avenue to Marbledale Road.
(8) Marbledale Road, from Main Street to Fisher Avenue.
(9) Lincoln Avenue, from Columbus Avenue to Oakland Avenue.
(10) Winter Hill Road, from Main Street to White Plains Road.
(11) Elm Street, entire. (Ord. No. 24, § 15, 3-30-1931)

§ 21-69. Stopping or parking prohibited in specified places.EN

A vehicle shall not:

(1) Stand unless halted by traffic in any street except at the curb.

(2) Stop with its left side to the curb except on a one-way street.

(3) So occupy any street as to obstruct traffic.

(4) Stop so as to obstruct a crossing.

(5) Be permitted to stand backed up at an angle to the curb except while actually loading or unloading.

(6) Be left in such a position as to prevent another already stopped near the curb from moving away.

(7) Be permitted to stand within 15 feet of a fire hydrant.

(8) Stand within 25 feet of any street excavation or obstruction, except that when such excavation or obstruction is at or close to the curb, vehicles may stand at the curb, but not so as to obstruct traffic. (Ord. No. 24, § 14, 3-30-1931)

§ 21-70. Parking near intersections prohibited.

No motor vehicle shall be permitted to park within 15 feet of any intersection of streets within the village. (Ord. No. 24, § 15, 3-30-1931)

§ 21-71. No parking in front of driveways or vehicle entrances to buildings.

A vehicle shall not be left unattended or parked in any street in front of a driveway or vehicle entrance to a building. (Ord. No. 24, § 16, 3-30-1931)

§ 21-72. Parking prohibited on streets where posted from December 15 to March 1.

No motor vehicles shall be permitted to be parked on the 15th day of December in each year to, and including, the 1st day of March in each following year on all streets where signs indicating such restrictions are posted. (Ord. No. 24, § 15, 3-30-1931; L.L. No. 1-1999, § 2)

§ 21-73. Parking prohibited on business streets from December 15 to March 1.

No motor vehicles shall be permitted to be parked on the 15th day of December in each year to, and including, the 1st day of March in each following year on any business street in the village between the hours of 3:00 a.m. and 6:00 a.m. (Ord. No. 24, § 15, 3-30-1931; L.L. No. 1-1999, § 3)

§ 21-74. Two-hour limit on business streets between 8:00 a.m. and 7:00 p.m.

Vehicles shall not be allowed to park, for a period exceeding two hours, on the business streets of the village between the hours of 8:00 a.m. and 7:00 p.m.. (Ord. No. 24, § 15, 3-30-1931)

§ 21-75. Two-hour limit for commercial vehicles between 8:00 a.m. and 12:00 midnight.

No commercial vehicle of any type shall be parked on any street in the village for a period longer than two hours between the hours of 8:00 a.m. and 12:00 midnight. (Ord. No. 24, § 15, 3-30-1931)

§ 21-76. Commercial vehicles prohibited between 12:00 midnight and 8:00 a.m.

No commercial vehicle of any type shall be parked on any street in the village between the hours of 12:00 midnight and 8:00 a.m. (Ord. No. 24, § 15, 3-30-1931)

§ 21-77. Special conditions.

(a) Where a special condition is deemed to exist, the Chief of Police is authorized to restrict parking in a specified area for a period not to exceed 90 days.

(b) Upon expiration of the time limit, an extension of time may be granted by the Board of Trustees. (Ord. No. 24, § 1A, 3-30-1931)

§ 21-78. Special parking restrictions in specific areas.

Special parking restrictions in a specific area are indicated by signs of the Police Department, and drivers must at all times comply with the directions thereon. (Ord. No. 24, § 16, 3-30-1931)

§ 21-79. No parking in posted places.

It shall be unlawful for the operator of a vehicle to stop, stand or park said vehicle for a period of time longer than is necessary for the expeditious loading or unloading of passengers in any place marked "no parking." (Ord. No. 24, § 10, 3-30-1931)

§ 21-79.1. Bus stops.

(a) It shall be unlawful for the owner or operator of a vehicle to stop, stand or park said vehicle in any area designated as a bus stop.

(b) The following locations shall be designated bus stops:

(c) After February 1, 1992, new bus stops, in addition to those listed in § 21-79.1(b), may be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such additional bus stops shall be maintained by the Village Clerk and Police Department. (L.L. No. 4-1979;EN L.L. No. 3-1988, §§ 1 - 3; L.L. No. 1-1992, § 5)

§ 21-80. Parking for purpose of making repairs.

A vehicle shall not be parked for the purpose of making repairs except those of a minor nature, and then only in case of emergency. (Ord. No. 24, § 16, 3-30-1931)

§ 21-81. Vehicles to be parked within lines.

In any parking space when the area to be occupied by any vehicle is indicated by lines on the pavement or curbing, a vehicle must be parked wholly within such lines. (Ord. No. 24, § 16, 3-30-1931)

§ 21-82. Snow parking restrictions.

(a) Snow zone parking restrictions.

(1) Parking of all vehicles is hereby prohibited on streets posted as "SNOW ZONE" streets during the period when snow or sleet first begins to fall and ending 12 hours after snow ceases to fall.

(2) The Chief of Police, after consultation with the Superintendent of Public Works, is authorized to designate certain streets within the Village as "SNOW ZONES." Signs shall be posted on such streets to provide notice that parking is prohibited during snowfall and ending 12 hours after snow ceases to fall.

(3) The owner of any such vehicle that is illegally parked in violation of this section shall be subject to a fine of up to $75.

(b) Snow emergency.

(1) The Mayor or his designee may declare a "snow emergency" because of existing or forecasted weather conditions. During a declared "snow emergency," the Police Department may tow any vehicle that is illegally parked in violation of any section of this Chapter 21 of the Village Code of Ordinances on any public street or public parking lot in the Village.

(2) The owner of any such vehicle which is towed shall be subject to a fine of up to $100 plus up to $50 for each twenty-four-hour period or portion thereof from the time of the towing.

(3) In addition to any fine imposed by the court, the owner of the vehicle removed shall be liable to pay any towing and storage costs charged either by the Village or any private concern for the removal and storage of the vehicle. (L.L. No. 4-2005, § )

§ 21-83. Unattended vehicles or animals.

(a) No owner or person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the vehicle and effectively setting the brake thereon and, when standing upon any grade, turning the front wheels to the curb or side of the highway; provided, however, the provision for removing the key from the vehicle shall not require the removal of keys hidden from sight about the vehicle for convenience or emergency.

(b) No owner or person is charge of a motor vehicle shall permit it to be left parked or unattended for a period of 48 continuous hours or more on any public street or municipal parking lot in the village. Any vehicle in violation of this Subsection (b) may be deemed abandoned and removed in accordance with § 21-84 of the Village Ordinances and § 1224 of the New York State Vehicle and Traffic Law.

(c) A horse shall not be unbridled or left unattended in a street or unenclosed space without being securely tied to an immovable object, unless harnessed to a vehicle with wheels so securely fastened as to prevent its being dragged faster than a walk. (Ord. No. 24, § 14, 3-30-1931; L.L. No. 3-1990, §§ 2, 3)

§ 21-84. Impoundment of unattended vehicles.EN

(a) A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:

(1) With no number plates affixed thereto, for more than six hours on any highway or other public place.

(2) For more than 24 hours on any highway or other public place, except a portion of a highway or public place on which parking is legally permitted.

(3) For more than 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.

(4) For more than 96 hours on property of another if left without permission of the owner.

(b) The Chief of Police may order the removal of any unattended or abandoned vehicle described in §§ 21-84(a) and 21-83(b).

(c) The owner of any such vehicle which is removed shall be subject to a fine of up to $100 plus up to $50 for each day or portion thereof beyond the original 48 hours.

(d) In addition to any fine imposed by the Court, the owner of the vehicle removed shall be liable to pay any towing and storage costs charged either by the village or any private concern for removal and storage of the vehicle. (Ord. No. 24, § 16, 3-30-1931; L.L. No. 4-1984; L.L. No. 3-1990, §§ 4 - 6)

§ 21-85. Impoundment or immobilization of scofflaw vehicles.

(a) In addition to any other penalties or fines imposed for the violation of any village ordinance or regulation relating to the parking of vehicles, the provisions of this § 21-85 shall apply to vehicles which have three or more outstanding and unpaid parking violations issued against them and which, after mailing to the registered owner a final notice, are found operated or parked on any public street, public highway, any portion of the entire width between the boundary lines of any way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, or on any property leased by, or in the possession and control of, the Village of Tuckahoe.

(b) Any vehicle, as described in Subsection (a) above, may be removed or caused to be removed by or under the direction of a member of the Police Department by towing or otherwise. In addition to towing, any such vehicle may be immobilized in such a manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place. In any case involving the immobilization of a vehicle pursuant to this subsection, such member of the Police Department shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual to the effect that any attempt to move such vehicle might result in damage to such vehicle.

(c) Within 24 hours after towing or immobilization, the Police Department or the Court Clerk shall notify the owner of such vehicle of the fact of its towing or immobilization, the place where it may be recovered and the conditions under which it will be released.

(d) Before the owner or person in charge of any vehicle taken into custody, or immobilized as above provided, shall be allowed to repossess or to secure the release of said vehicle, the owner or his/her agent shall establish his/her identity and right to possession and pay the following:

(1) All sums legally due for any Village of Tuckahoe parking violations issued and outstanding against any motor vehicle registered in the name of the registered owner of the impounded vehicle, including fines, penalties and administrative fees; and

(2) A fee of $85 for the application and/or removal of any vehicle immobilization device placed on a vehicle plus a fee of $10 per day for each business day, or a portion of a business day, exclusive of weekends, that such device shall remain affixed to such vehicle and the cost of towing and the cost of storage for each day, or a portion of a day, that such vehicle is so stored in excess of the first 24 hours. Until paid, these charges shall constitute a lien on the vehicle which may be enforced in the same manner as a garagekeeper's lien. The selection of authorized towing services and the authorized costs shall be as approved by the Board of Trustees by resolution at a regular or special meeting of the Board of Trustees.

(e) In lieu of making payments in the amounts and for the purposes described in Subsection (d) above, the owner or person in charge of any vehicle taken into custody or immobilized may post a cash bond in the amount of such required payment and may thereafter be issued a release.

(f) If, after a vehicle has been towed or immobilized, any person shall remove such vehicle without complying with Subsection (d) or (e) or shall do any damage to the immobilization device, then the owner of such vehicle and the person removing such vehicle or doing such damage shall, in addition to any other fines or penalties provided for under this subsection, be liable for any damage done to the immobilization device or mechanism and, in addition, be subject to a fine of not more than $100. (L.L. No. 14-1986, § 1; L.L. No. 2-2006, § 1)

§ 21-86. Operation of motor vehicles: idling of engines restricted.

(a) No person shall cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, to idle for longer than three minutes while parking, as defined in § 129 of the Vehicle and Traffic Law, standing, as defined in § 145 of the Vehicle and Traffic Law, or stopping, as defined in § 147 of the Vehicle and Traffic Law, unless the engine is used to operate a loading, unloading or processing device.

(b) When the ambient temperature is in excess of 40° F., no person shall cause or permit the engine of a bus, as defined in § 104 of the Vehicle and Traffic Law, to idle while parking, standing or stopping.

(c) A violation of this § 21-86 shall be punishable in accordance with § 1-7 of the Village Ordinances by a fine not to exceed $250. (L.L. No. 7-1992, § 2)

§§ 21-87 - 21-89. Reserved.

DIVISION 2. PARKING REGULATIONS FOR SPECIFIC STREETS (NONMETERED) (RESERVED)

§§ 21-90 - 21-96. Reserved.

DIVISION 3. PARKING LOTS

§ 21-97. Definitions of terms.

Whenever used in this Division 3, the following terms shall mean and include:

Bus shall mean any self-propelled vehicle not operated on tracks or from trolleys which is designed for the transportation of human beings and which has a capacity of more than nine.

Light commercial vehicle shall mean any self-propelled vehicle not operated on tracks or from trolleys which is not designed for the transportation of human beings and which has a capacity not exceeding 1 1/2 tons.

Parking lot shall mean any outdoor space, or uncovered plot, place, lot, parcel, yard or enclosure, or any portion thereof, which is not accessory to and contiguous with a permitted residence or apartment use for the exclusive use by the occupants of such residence or apartment premises where six or more passenger automobiles and/or light commercial vehicles, or six or more trucks, may be parked, stored, housed or kept, whether or not charge is made. However, the term shall not be deemed to include any property owned, operated or maintained by the Tuckahoe Parking Authority or the Village of Tuckahoe. (L.L. No. 2-2002, § 1)

Passenger automobile shall mean any self-propelled vehicle not operated on tracks or from trolleys which is designed for the transportation of human beings and which has a maximum capacity of nine or less.

Person shall mean and include any individual, firm, partnership, association, corporation, company or organization of any kind, except the term shall not mean the Tuckahoe Parking Authority or the Village of Tuckahoe.

Truck shall mean any self-propelled vehicle not operated on tracks or from trolleys which is not designed for the transportation of human beings and which has a capacity exceeding 1 1/2 tons. (Ord. No. 38, § 1, 11-11-1959; L.L. No. 6-1998, § 8)

§ 21-97.1. Approval of construction plans; commencement of use; standards.

(a) No construction of a parking lot shall commence and no parking lot shall be changed or modified until such time as plans have been filed with the Building Department, a site plan approved the Planning Board and any required building permits issued. No parking lot shall be used until a certificate of occupancy has been issued and a license as required by this Division 3 issued.

(b) The number and type of vehicles permitted to be in a parking lot shall be as approved by the Planning Board; provided, however, that:

(1) Only passenger automobiles may be parked in a parking lot located in a residential zoning district;

(2) Only passenger automobiles and light commercial vehicles may be parked in a parking lot located in a business zoning district;

(3) Only passenger automobiles, light commercial vehicles, trucks and buses may be parked in a parking lot in an industry zoning district;

(4) Supplementing the general restriction set forth in § 21-104.2(a), no storage containers, dumpsters, temporary offices, office trailers, machinery, tractors, cranes or construction equipment may be stored or placed at a parking lot; and (5) The

surface of a parking lot shall be as may be approved by the Planning Board and may not be dirt or sand. (L.L. No. 3-1976, L.L. No. 6-1998, § 1)

§ 21-98. License required.

It shall be unlawful for any person to own, operate or maintain a parking lot within the village unless a license has been obtained in the manner set forth in this division. (Ord. No. 38, § 2, 11-11-1959)

§ 21-99. Application for license.

Applications for licenses required by this division and renewals thereof shall be made to the Village Clerk, shall be signed by the applicant, if an individual, and by a duly authorized agent if a partnership or corporation, and shall set forth the following:

(a) The name and address of the applicant.

(b) A plot or drawing of said parking lot, showing the location, size, capacity of said lot, location and size of entrances and exits, the location and size of all parking spaces, kind of surface, location size and construction of walls or barriers surrounding said parking lot, lighting, pavement material and drainage.

(c) The hours for storage or parking of vehicles and whether night storage is to be maintained upon the licensed premises.

(d) The hours during which parking attendants will be on duty, if any.

(e) The complete schedule of the rates to be charged for storing or parking of vehicles, if any.

(f) Such other information as the Village Clerk may deem necessary for the issuance of said licenses. (Ord. No. 38, § 3, 11-11-1959)

(g)A description of the types of vehicles which will be permitted to park in the parking lot.

(h) Annual renewal applications shall be filed which shall confirm that no changes have been made in the configuration or use of the parking lot or that proper application has been made and approvals obtained for any changes in the configuration or use of the parking lot. (Ord. No. 38, § 3, 11-11-1959; L.L. No. 6-1998, §§ 2, 3EN)

§ 21-100. License fees.

(a) The annual license fee for parking lots shall be as established by the Board of Trustees by resolution adopted at a public meeting of said Board. The Board of Trustees may establish different fees for:

(1) Parking lots where no charge of any kind is made; and

(2) Parking lots where a charge of any kind by rental or otherwise is made and may establish different fees depending upon the number of vehicles that may be parked at said parking lot.

(b) The Board of Trustees, upon application in writing, shall exempt from the payment of the license fee parking lots which are maintained exclusively for the use of churches, schools, hospitals and other charitable organizations. (Ord. No. 38, § 4, 11-11-1959; L.L. No. 10-1986, § 1; L.L. No. 1-1991, § 4; L.L. No. 3-1993, § 1EN; L.L. No. 6-1998, §§ 4, 5)

§ 21-101. Issuance of license.

(a) If, after an investigation by the Police Department of the village, the Board of Trustees shall be reasonably satisfied that the applicant has a good reputation, that the statements set forth in the application are correct, that the licensing of said parking lot is in the best interests of the health, welfare and safety of the village, and if the proper fee shall have been paid, the Village Clerk shall issue to the applicant a license for a parking lot, which license shall continue in full force and effect until the first day of January following the issuance of the license, or until revoked by the Board of Trustees.

(b) The Village Clerk shall keep a record of all applications and licenses issued. (Ord. No. 38, § 5, 11-11-1959)

§ 21-102. License not transferable.

No license issued under this division shall be transferred or assigned or used by any person other than the one to whom it is issued or at any location other than the one for which it is issued. (Ord. No. 38, § 6, 11-11-1959)

§ 21-103. Public liability insurance requirements.

In the case of any parking lot where a charge of any kind is made, the applicant must satisfy the Village Board that he has public liability insurance coverage. (Ord. No. 38, § 7, 11-11-1959)

§ 21-104. Maintenance requirements for parking lots and surroundings.

(a) Generally. The owner or lessee of any parking lot located in the village shall keep such parking lot clean at all times.

(b) Sidewalks. The sidewalk surrounding a parking lot shall be kept free from dirt, ice, sleet and snow, and the sidewalk and driveways shall be kept in a safe condition for the travel of pedestrians. This subsection shall apply to the owner or lessee of any parking lot located in the village. (Ord. No. 38, § 9, 11-11-1959; L.L. No. 6-1998, § 6)

§ 21-104.1. Posting requirements.

Any person licensed to operate a parking lot shall post a sign, of a size that can be readily seen and read, in a prominent location at or near the entranceway to the parking lot, which sign shall set forth and contain the following information:

(a) The license number issued to the licensee by the Village Clerk.

(b) The types of vehicles for which parking is permitted.

(c) The complete schedule of rates to be charged for the storing or parking of vehicles.

(d) A definitive statement that no vehicle may be parked or stored more than a forty-eight-hour period (L.L. No. 3-1976EN)

§ 21-104.2. Prohibited uses.

(a) No parking lot shall be used for any purpose other than the parking of vehicles, and no vehicle shall be parked or stored within a parking lot for a continuous period exceeding 48 hours.

(b) For the purpose of this section, the term "vehicle" shall mean passenger automobile, light commercial vehicle, bus or truck, as those terms are defined in § 21-97 above.

(c) The provisions of § 21-86 of the Village Ordinances prohibiting the idling of engines of motor vehicles for more than three minutes shall be applicable to and enforced in parking lots.

(d) In addition to the revocation of a license as provided in § 21-105, any violation of the provisions of this Division 3 shall be punishable in accordance with Section 1-7 of the Village Ordinances. (L.L. No. 3-1976EN; L.L. No. 6-1998, § 7)

§ 21-105. Revocation of license.

Upon receipt of a written complaint that any parking lot or its surroundings has not been maintained as provided in this division or that any other violation of this division has been committed, the Board of Trustees shall conduct an investigation and, if it finds that the provisions of this division have been violated, it may forthwith revoke the license for such parking lot. (Ord. No. 38, § 10, 11-11-1959)

§§ 21-106 - 21-110. Reserved.

DIVISION 4. PERMIT PUBLIC PARKING AREAS

§ 21-111. Definitions.

For the purposes of this division, the following terms shall have the meanings herein indicated:

Motor vehicle includes every vehicle propelled by any power other than muscular power, except Police and Fire Department vehicles.

Owner includes any lessee or bailee of a motor vehicle or motorcycle.

Park, parked or parking mean the stopping or standing of a motor vehicle or motorcycle for a period longer than necessary to load or unload passengers.

Permit means a license issued by the Village of Tuckahoe authorizing the parking of a specific vehicle in a permit public parking area in accordance with reasonable priorities and conditions established by such village.

Permit public parking area means a parking field for motor vehicles situated within the corporate limits of the village and owned, operated or controlled by the village.

Scofflaw shall be an owner, individual, corporation or other entity which has three or more outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any motor vehicle registered in their name for which a warrant or final notice of such violation has been mailed by or on behalf of the Village of Tuckahoe. (Ord. No. 40, § 1, 3-23-1960; L.L. No. 14-1987, § 1)

§ 21-112. Permit required; motor vehicles to be parked within designated spaces.

(a) The driving or parking of a motor vehicle or a motorcycle in a permit public parking area is prohibited unless a permit is affixed to such vehicle or motorcycle.

(b) The parking of any motor vehicle is prohibited in such parking area unless such vehicle is parked wholly within a space designated by the village for the parking of a single motor vehicle.

(c) Any person violating any of the provisions of this section shall, upon conviction, be punishable by a fine as set forth in § 21-67 of the Village Ordinances. (Ord. No. 40, §§ 2, 3, 3-23-1960; L.L. No. 14-1987, § 2)

§ 21-113. Impoundment of illegally parked motor vehicles or motorcycles; redemption.

(a) When any motor vehicle or motorcycle is parked in violation of

§ 21-112, said vehicle may be removed by the Police Department of the village.

(b) After such removal, the Police Department may store such vehicle or motorcycle in a suitable place at the expense of the owner. Such owner may redeem the same upon payment to the Police Department of all expenses actually and necessarily incurred in effecting such removal, such charges not to exceed $25, together with any charges for storage, such storage charges not to exceed $5 per day or fraction thereof.

(c) The Police Department shall notify the owner of such motor vehicle or motorcycle of the removal and disposition of the same and the amount which will be required to redeem the same. (Ord. No. 40, §§ 4 - 6, 3-23-1960)

§ 21-114. Revocation of permits for scofflaws; no permits to be issued.

(a) The Village Clerk shall not issue a permit to any scofflaw.

(b) The village may revoke the permit of any permit holder who is listed on the records of the village as a scofflaw. The Village Clerk shall provide notice of such revocation. The effective date of such revocation shall be the date of such notice. Such notice shall provide that the permit holder shall return the permit to the Village Clerk.

(c) Permit holders who have had their permits revoked may be placed on the commuter parking waiting list; provided, however, that no new permit may be issued until such person shall:

(1) Provide evidence that all outstanding parking tickets issued in their name or in the name of the owner of the motor vehicle have been paid in full.

(2) Provide evidence that the revoked permit has been returned to the Village Clerk.

(3) Pay the fee for a new permit. (L.L. No. 14-1987, § 3)

DIVISION 4A. PARKWAY OVAL PARKING LOT

§ 21-115. Parking lot created; purpose.

(a) There shall be created a municipal, Village-owned parking lot known as the "Parkway Oval Parking Lot" located near and about Consulate Drive and Parkway Oval in the Village of Tuckahoe, New York.

(b) The Parkway Oval Parking Lot shall consist of approximately 25 parking spaces and shall be used for the purpose of parking motor vehicles of residents of the Village. (L.L. No. 5-2008, § 1)

§ 21-116. Permit required; costs of permit.

(a) The driving or parking of a motor vehicle in the Parkway Oval Parking Lot shall be prohibited unless a Parkway Oval Parking Lot permit is affixed to such motor vehicle.

(b) A Parkway Oval Parking Lot permit shall mean a license issued by the Village Clerk of the Village of Tuckahoe authorizing the parking of a specified vehicle in the Parkway Oval Parking Lot in accordance with reasonable priorities and conditions established by the Village.

(c) The parking of any motor vehicle is prohibited in such parking area unless such vehicle is parked wholly within a space designated by the Village for the parking of a single motor vehicle.

(d) Subject to availability and the capacity of the Parkway Oval Parking Lot, the Village Clerk or her designee shall issue a Parkway Oval Parking Lot permit to a Village resident who files an application and meets all of the requirements herein. The application and Parkway Oval Parking Lot permit shall be in such form as the Village Clerk determines. The Village Clerk may require any proof of residency which is determined to be necessary before issuing a Parkway Oval Parking Lot permit.

(e) A Parkway Oval Parking Lot permit shall be obtainable, subject to availability, at the office of the Village Clerk. (L.L. No. 5-2008, § 1)

§ 21-117. Permit size and placement; proof of residency; fee; penalty.

(a) Parkway Oval Parking Lot permits shall be placed on the rear windshield and are not transferable.

(b) Subject to availability and the capacity of the Parkway Oval Parking Lot, Village residents may be issued a Parkway Oval Parking Lot permit upon submission to the Village Clerk of at least the following proof: a valid vehicle registration showing place of residence and a signed affidavit or application form as prepared by the Village Clerk that said applicant does in fact reside at said residence in the Village.

(c) For a motor vehicle to be eligible for a Parkway Oval Parking Lot permit, a Village resident must furnish proof of ownership either in the form of a registration for a personally owned vehicle, or a letter on company letterhead for a vehicle owned by the resident's employer but utilized as a company car on a regular basis by the resident employee.

(d) The fee for the Parkway Oval Parking Lot permit shall be $600, subject to amendment by resolution of the Board of Trustees, with each permit being valid for the twelve-month period commencing on June 1 and ending on May 31, and said permit must be renewed annually. When the subject motor vehicle is sold or disposed of, it shall be the owner's responsibility to remove the Parkway Oval Parking Lot permit and provide proof of removal if applying for a new Parkway Oval Parking Lot permit.

(e) There shall be no reduction in the costs of the permit, pro rata or otherwise, for permits issued after the beginning of or during the twelve-month period covering the permit. There shall be no refunds for the costs of the permit, pro rata or otherwise, for permits returned to the Village after the beginning of or during the twelve-month period covering the permit.

(f) No Village resident shall give or sell a permit to another person or otherwise allow it to be placed on a vehicle other than the vehicle listed on the permit application. Any Village resident who violates the provisions of this subsection shall be liable for a fine of $250, shall have such permit revoked and shall not be entitled to be issued a new permit for a period of one year after such revocation.

(g) Subject to availability and the capacity of the Parkway Oval Parking Lot, each household in the Village shall be permitted a maximum of one Parkway Oval Parking Lot permit.

(h) Vans and other vehicles with commercial license plates shall not be eligible for Parkway Oval Parking Lot permits.

(i) The fees, if any, that are collected by the Village for Parkway Oval Parking Lot permits shall be credited to the general fund.

(j) The Village may revoke a Parkway Oval Parking Lot permit of any area resident when it is found that a false or fraudulent application has been filed or it is found that the Parkway Oval Parking Lot permit was improperly or wrongfully issued. The Village Clerk shall provide notice of such revocation, and the effective date of such revocation shall be the date of such notice. Such notice shall provide that the Parkway Oval Parking Lot permit shall be removed from the vehicle or vehicles. (L.L. No. 5-2008, § 1)

§ 21-118. Impoundment of illegally parked motor vehicles; redemption; revocation of permits for scofflaws; no permits to be issued.

The provisions of §§ 21-113 and 21-114 set forth in this article shall be deemed to apply to the Parkway Oval Parking Lot and Parkway Oval Parking Lot permits. (L.L. No. 5-2008, § 1)

DIVISION 5. PARKING METERS

§ 21-119. Parking permit and meter zones.

(a) The following zones in certain streets and parking areas of the village shall be known as "parking permit and meter zones":

(1) Main Street.
(2) Columbus Avenue, from Main Street north to the Eastchester border.
(3) Yonkers Avenue, from Main Street to Elm Street.
(4) Lake Avenue, from Main Street to Elm Street.
(5) Elm Street.
(6) Oak Avenue, from Depot Square to Oak Terrace.
(7) Cameron Place, from Main Street to Van Duzen Place.
(8) Fisher Avenue, from Columbus Avenue to Crescent Place and Oakland Avenue.
(9) Van Duzen Place, from Cameron Place to Wallace Street.
(10) Thompson Street, from the Bronx River Parkway Bridge to the Crestwood Station.
(11) Underhill Street, from Main Street to Cameron Place.
(12) Marbledale Road, the west side of the street from Main Street to the Village Department of Public Works yard.
(13) Grant Street, from Sagamore Road along the property of 2 Grant Street.
(14) Westview Avenue, from Sagamore Road along the property of 2 Grant Street.
(15) The following Village municipal off-street parking areas:
   a. The lot on the south side of Main Street.
   b. The lot on the west side of Columbus Avenue directly north of Crestwood Plaza.
   c. The lot on the west side of Oak Avenue.
   d. The lot on the south side of Fisher Avenue.
   e. The lot on the north side of Underhill Street.
   f. Twenty feet south of the north curbline and 20 feet north of the south curbline of Thompson Street.
   g. Nine feet from the east curbline of Oak Avenue from Depot Square to the private drive known as "Bank Street."
   h. Nine feet from the north curbline of Elm Street from Yonkers Avenue to the Bronx River Parkway Access Road.

(b) Each parking meter shall be designed to accept coins and be used for a maximum of 1/2, one, two, five, 10 or 12 hours. The locations of such one-half-, one- , two- , five-, ten- or twelve-hour meters within parking permit and meter zones may only be established or changed by resolution of the Village Board made at a regular public meeting of such Board. The Village Board may, by resolution made at a regular public meeting, designate any parking space in a parking permit and meter zone as a reserved space or as a "permit parking only" space. (Ord. No. 24, § 17, 3-30-1931; L.L. No. 6-1986, § 1; L.L. No. 3-1989, §§ 1 - 3; L.L. No. 3-2005, §§ 1 - 3; L.L. No. 9-2009, § 1)

§ 21-120. Installation of parking meters.

(a) In said parking meter zones, parking meters shall be installed within or near the curbline facing or alongside of such spaces as may be designated therefor by the Police Department as individual parking meter spaces for vehicles.

(b) Each such meter shall be so set as to operate upon the deposit therein of a coin or coins of the United States of America, as designated on the meter, for the periods of time prescribed as parking time limits in § 21-123.

(c) Each such meter shall be so arranged that, upon the expiration of said parking time, it will indicate that the lawful parking time has expired. (Ord. No. 24, § 17, 3-30-1931)

§ 21-121. Rates.

The rates for the parking meters located in the parking permit and meter zones designated in § 21-119 shall be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such rates shall be maintained by the Village Clerk and Police Department. Notice of the parking meter rates established in accordance with this section shall be provided on all parking meters. (Ord. No. 24, § 17, 3-30-1931; L.L. No. 6-1984; L.L. No. 6-1986, § 2; L.L. No. 2-1994, § 1)

§ 21-122. Operation of parking meters.

Except in a period of emergency determined by an officer of a fire company or of the Police Department, or except in compliance with the directions of a police officer or traffic control signal, when any vehicle shall be parked in a space regulated by a parking meter, between the hours of 8:00 a.m. and 7:00 p.m. on any day except Sundays and legal holidays, the owner, operator or driver of such vehicle shall, upon entering said parking space immediately deposit at least one coin of the United States of America in the parking meter regulating such space as may be required to activate the mechanism of such meter. (Ord. No. 24, § 17, 3-30-1931; L.L. No. 6-1986, § 3; L.L. No. 3-1992, § 2)

§ 21-123. Parking time limits.

(a) Any vehicle parking in any designated parking space in a parking meter zone shall be parked within the lines marked on the street or curb except as otherwise provided in this division and shall remain parked in such parking space only as long as the parking meter regulating such space shall be in operation showing that the required coin has been deposited.

(b) Failure to deposit such proper coin and to actuate the mechanism as required by directions on the meter shall constitute a violation of this section.

(c) Upon the expiration of the legal parking time, it shall be the duty of the owner, or the driver of the vehicle, forthwith to remove the vehicle from the parking space, and it shall be unlawful to allow said vehicle to remain therein beyond the parking time prescribed by this section. (Ord. No. 24, § 17, 3-30-1931; L.L. No. 6-1986, § 4)

§ 21-124. Presumption of unlawful parking.

The fact that the timing device on any parking meter is not in operation shall be presumptive evidence, as to a parked vehicle when found in the parking space regulated by such parking meter, that the owner or driver failed to deposit, or to cause to be deposited, the required coin or coins in said meter, and the mechanical indication by such meter of a "violation" shall be presumptive evidence of unlawful parking. (Ord. No. 24, § 17, 3-30-1931)

§ 21-125. Unlawful to tamper with or damage parking meters.

It shall be unlawful for any person to deface, injure, tamper with, willfully break, destroy or impair the usefulness of or to open without lawful authority any parking meter installed in said parking meter zone. (Ord. No. 24, § 17, 3-30-1931)

§ 21-126. Unlawful to deposit slugs.

It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device or substitute for a coin of the United States of America. (Ord. No. 24, § 17, 3-30-1931)

§ 21-127. Application of coins.

The coins deposited in parking meters are to provide for the cost of the purchase, installation, supervision, protection and use of parking meters and the proper regulation and control of traffic in the village. (Ord. No. 24, § 17, 3-30-1931)

§ 21-128. Exceptions to use of parking meters.

(a) Notwithstanding the provisions of this division, in the case of fire or other emergency, the use of parking meters may be temporarily discontinued as to particular parking spaces in said zones on the order of any officer of a fire company or of the Police Department.

(b) The Chief of Police is hereby authorized, with the approval of the Mayor or Police Commission, by written order from time to time, to restrict portions of said parking meter zones not regulated by parking meters, by appropriate, legible and intelligible signs, standards or limit lines, as he may deem advisable, and all operators of vehicles shall follow the instructions on such signs and park or avoid parking therein, as may be indicated by such signs or limit lines.

(c) Commercial trucks may park in the parking zones to load or to unload merchandise, without depositing coins, for a period not to exceed 30 minutes. (Ord. No. 24, § 17, 3-30-1931)

§§ 21-129 - 21-140. Reserved.

DIVISION 6. RESIDENT PARKING PERMITSEN

§ 21-141. Findings and purpose.

(a) Statement of legislative findings.

(1) It has come to the attention of this Board of Trustees, and said Village Board finds and declares, that many residential areas in Tuckahoe are inundated with the parking of vehicles owned by non-area residents. These nonresidents who park in such areas include:

a. Commuters who park and then take public transportation to their jobs.

b. People who are employed in business and commercial areas abutting residential areas.

c. Nonresident students attending nearby schools.

(2) The Village Board further finds that the Village of Tuckahoe is in the unique position of containing within its borders two Metropolitan Transit Authority (MTA) railroad stations, the Tuckahoe Railroad Station in the south end of the village and the Crestwood Railroad Station in the north end of the village, which cause considerable traffic, as well as considerable parking congestion, in the residential areas of the village; and that the Village of Tuckahoe, because of its small size and the fact that residential housing is located directly adjacent and within easy walking distance of both railroad stations, finds itself overwhelmed by all-day nonresident vehicle parking on local streets which nonresident vehicle parking interferes with and deprives local residents of the reasonable use of their own streets.

(3) The Village Board further finds that there has resulted from the foregoing nonresident vehicle parking, serious and hazardous traffic conditions resulting from the use of streets within residentially zoned areas for the parking of vehicles by said nonresidents of the village.

(b) Statement of legislative purpose. This division permitting the issuance of resident parking permits to residents of the village is intended to achieve the following:

(1) To reduce hazardous traffic conditions resulting from the use of streets within areas zoned for residential uses for the parking of vehicles by persons using districts zoned for commercial or industrial uses, or by commuters using either of the two railroad stations to travel to their jobs, or by students attending nearby schools.

(2) To protect the residential districts from polluted air, excessive noise and trash and refuse caused by the entry of such vehicles; to protect the residents of those districts from unreasonable burdens in gaining access to their residences; to preserve the character of those districts as residential districts; to promote efficiency in the maintenance of those streets in a clean and safe condition; to preserve the value of the property in those districts; and to preserve the safety of children and other pedestrians and traffic safety and the peace, good order, comfort, convenience and welfare of the inhabitants of the village.

(3) To promote and encourage village residents whose homes contain driveways to continue to utilize said driveways to park their vehicles inasmuch as the parking of said vehicles on the street would defeat the very purpose of this division.

(4) It is the opinion and decision of the Board of Trustees that it is in the best interest of the village and its residents, in light of the foregoing legislative findings set forth in Subsection (a), to regulate parking of vehicles in the village. (L.L. No. 6-1985, §§ 1, 2)

§ 21-142. Definitions.

As used in this Division 6, the following terms shall have the meanings indicated:

Area resident means the residential owner or owners or residential tenant or tenants of or in a dwelling whose mailing address fronts upon a restricted parking zone, as hereinafter defined.

Resident parking permit means a decal or sticker issued by the Village Clerk or designee to an area resident to be affixed to the residents automobile.

Restricted parking zone means those streets, except streets in areas zoned for commercial or retail use, where vehicular parking is regulated by the posting of two-hour and four-hour time limit signs in the area bounded by (1) the southerly corporate boundary between the Village of Tuckahoe and the Village of Bronxville to Midland Avenue; (2) Midland Avenue to its intersection with Winter Hill Road; (3) Winter Hill Road from its intersection with Midland Avenue to its intersection with Main Street; (4) Marbledale Road from its intersection with Main Street to a point where it intersects with the northerly corporate boundary between the Village of Tuckahoe and the Town of Eastchester; (5) the northerly corporate boundary between the Village of Tuckahoe and the Town of Eastchester to the westerly corporate boundary between the Village of Tuckahoe and the City of Yonkers; and (6) the westerly corporate boundary between the Village of Tuckahoe and the City of Yonkers to the southerly corporate boundary between the Village of Tuckahoe and the Village of Bronxville; provided, however, that such two- or four-hour parking signs shall not be posted in an area of not less than 20% of the restricted parking zone and parking in such area shall be available to vehicles that do not have a resident parking permit.

Village Clerk means the Village Clerk of the Village of Tuckahoe. (L.L. No. 6-1985, § 3; L.L. No. 2-1998, § 1)

§ 21-143. Application for resident parking permit.

The Village Clerk or designee shall issue a resident parking permit to an area resident who files an application and meets all of the requirements of this Division 6. The application and resident parking permit shall be in such form as said Clerk determines. Said Clerk may require any proof of residency which is determined to be necessary before issuing a resident parking permit. (L.L. No. 6-1985, § 5; L.L. No. 2-1998, § 2)

§ 21-144. Permit size and placement; proof of residency; senior citizens and apartment residents; fee; penalty.

(a) Resident parking permits shall be placed on the rear windshield and are not transferable.

(b) Area residents may be issued a resident parking permit upon submission to the Village Clerk of at least the following proof: a valid vehicle registration showing place of residence and a signed affidavit or application form as prepared by the Village Clerk that said applicant does in fact reside at said residence in the Village of Tuckahoe.

(c) Senior citizens will be given a special identification sticker which would allow them privileges of parking at the senior citizens center and at special events throughout the village.

(d) The fee for the resident parking permit shall be determined and set by the Board of Trustees with each sticker valid for the year June 1 to May 31, and said permit must be renewed annually. When said vehicle is sold or disposed of, it shall be the owner's responsibility to remove the resident permit and provide proof of removal when applying for a new sticker.

(e) No area resident shall give or sell a permit to another person or otherwise allow it to be placed on a vehicle other than the vehicle listed on the permit application. Any area resident who violates the provisions of this subsection shall be liable for a fine of $50, shall have such permit revoked and shall not be entitled to be issued a new permit for a period of one year after such revocation.

(f) Each household in the village shall be permitted a maximum of one resident parking permit if there are two vehicles in the household or two resident parking permits if there are three vehicles in the household, it being assumed that in most instances at least one of the household vehicles can be placed off-street in the family garage or driveway.

(g) If a demonstrated hardship exists where a household neither has a garage or driveway to park any of its vehicles, the village, in its discretion may issue two resident permits to a two-vehicle household and three resident permits to a three-vehicle household.

(h) For a vehicle to be eligible for a resident parking permit, a village resident must furnish proof of ownership either in the form of a registration, for a personally owned vehicle, or a letter on company letterhead, for a vehicle owned by the resident's employer but utilized as a company car on a regular basis by the resident employee.

(i) Vans and other vehicles with commercial license plates shall not be eligible for resident parking permits.

(j) The fees, if any, that are collected by the village for resident parking permits shall be credited to the general fund.

(k) The village may revoke the resident parking permit of any area resident when it is found that a false or fraudulent application has been filed or it is found that the resident parking permit was improperly or wrongfully issued. The Village Clerk shall provide notice of such revocation, and the effective date of such revocation shall be the date of such notice. Such notice shall provide that the resident parking permit shall be removed from the vehicle or vehicles. (L.L. No. 6-1985, § 6; L.L. No. 17-1987, § 1; L.L. No. 2-1998, §§ 3, 4, 5, 6)

§ 21-145. Allowable parking for resident permit vehicles in restricted zones.

(a) Only vehicles properly exhibiting a resident parking permit as issued by the Village Clerk shall be permitted to park in restricted parking zones in excess of the posted two-hour or four-hour limit between the hours of 7:00 a.m. to 7:00 p.m. on weekdays.

(b) The fine or fines for violations of § 21-145(a) or any other provision of this Division 6 shall be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such fines shall be maintained by the Village Clerk and Police Department. Notice of the amount of the fines established in accordance with this subsection shall be provided on all parking tickets, summonses and notices of violation.

(c) Vehicles registered pursuant to Section 404-a of the Vehicle and Traffic Law shall be exempt from the provisions of § 21-145(a). (L.L. No. 6-1985, § 4; L.L. No. 2-1998, §§ 5, 7, 8, 9)

§ 21-146. Revocation of resident parking permits for scofflaws; no resident parking permits to be issued.

(a) For purposes of this § 21-146 a "scofflaw" shall be an individual, corporation or other entity which has any outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any vehicle registered in their name. (L.L. No. 1-2002, § 3)

(b) The village may revoke the permit of any area resident who is listed on the records of the village as a scofflaw. The Village Clerk shall provide notice of such revocation, and the effective date of such revocation shall be the date of such notice. Such notice shall provide that the permit holder shall remove the permit from the vehicle.

(c) Area residents who have had their permits revoked may apply for and be issued a new permit if they:

(1) Provide evidence that all outstanding parking tickets issued in their name or in the name of the owner of the vehicle have been paid in full.

(2) Provide evidence that the revoked permit has been removed from the vehicle.

(3) Pay the fee for a new permit.

(d) Notwithstanding the provisions of § 21-143, the Village Clerk shall not issue a permit to any scofflaw. (L.L. No. 13-1987, § 1)

§ 21-147. Parking and storage of commercial vehicles, trailers, buses.

(a) Restrictions.

(1) No vehicle that displays or has visible the following, or any dump truck, shall be permitted to be parked or stored on the street or on any public or private property in the Residence A-10 and Residence A-5 Zoning Districts in the village, except if such vehicle is stored in an enclosed garage.

a. Signs or lettering.
b. Ladders, equipment, tools or machinery.
c. Debris or supplies.
d. Temporary or permanent carrying racks designed and/or used for the carrying or storage of any items listed in Subsection (a)(1)a, b and c above, except that racks installed by the original manufacturer at the time of assembly of the vehicle shall be permitted.

(2) Any covering of the items listed in Subsection (a)(1)a, b, c and d above by any means shall not excuse such vehicle from the foregoing restrictions.

(3) The restrictions described in Subsection (a)(1) and (2) above shall not apply when such vehicle is parked on a temporary basis when the operator of the vehicle is in the process of delivering or rendering services to premises in the immediate vicinity or is the owner or tenant of the premises in the immediate vicinity and such parking period does not exceed two hours.

(b) No commercial vehicle, including any step-van, trailer, semi-trailer, tractor, bus, vehicle bearing commercial license plates or vehicle bearing commercial advertising shall be parked or stored at any time in the Residence A-10 and Residence A-5 (One-Family) Zoning Districts, including without limitation during the day or overnight or on Saturday or Sunday or on any holiday, observed or celebrated, at any residential premises, unless such commercial vehicle is stored in a garage, except that such commercial vehicle may be parked on a temporary basis when the operator of the vehicle is in the process of delivering or rendering services to premises in the immediate vicinity or is the owner or tenant of the premises in the immediate vicinity and such parking period does not exceed two hours.

(c) The owner, as of January 1, 1994, of any commercial vehicle prohibited from being parked or stored at any residential premises in the Residence A-10 and Residence A-5 (One-Family) Zoning Districts pursuant to § 21-147(b) above may continue to park or store said vehicle or any replacement for said vehicle, provided that said replacement vehicle is of similar size, weight and configuration, at said residential premises, so long as said vehicle owner is die owner or legal resident of the residential premises at which said vehicle is stored, and provided that such owner registers with the Building Department by January 1, 1994, and provides evidence of ownership of the vehicle and ownership of or legal residence at the residential premises satisfactory to the Building Department and demonstrates, by evidence satisfactory to the Building Department, that such owner does not have a garage or cannot otherwise comply with the storage requirements of § 21-147(b) above. Such registration shall be filed on an annual basis between January I and January 15 of each year. Any vehicle that is registered pursuant to this Subsection (c) shall still be required to comply with the storage requirements of § 21-147(a) above. The registration provisions of this Subsection (c) shall only be available to owners of vehicles described in § 21-147(b) as of January 1, 1994. The provisions of § 21-147(a) and (b) shall strictly apply to all vehicles acquired or used by all owners and occupants of residential premises after such date.

(d) The invalidity of any section or provision of this § 21-147 shall not invalidate any other section or provision. (L.L. No. 8-1993, § 2)