Full Text
Local Law Filing New York State Department of State Division ofCorporations, State Records and Uniform Commercial Code One Corrimerce .Plaza, 99 Washington Avenue , Albany, NY 12231-0001 • www.dos.state.ny.us/corps (Use this form to file a locallaw 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. FILED SCounty n C i t y DTown •Village , STATERECORDS (Setectone:) - . Of Cortland FEB Q B ?01T DEPARTMENT OF STATE LocalLawNo. 1 of the year 20^7 A local law Local Law No. 4 of 1990 Regulating Traffic and Parking on Property ofthe (Insert Title) ~ ~ County of Cortland Be it enacted by the • of the (t^ame of Legislative Body) [XjCounty DCity DTown DVillage , (Select one:) , . , - . of Cortland as follows: See attached. (If additional space is needed, attach pages the same isize as this sheet, and number each.), DOS-0239-f-l (Rev. 02/10) . ' . . Page 2 of 4 ---PAGE BREAK--- (Complete the certificatioh 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. 2 _ _ of 2 0 l l of the (County)(City)(Town){Village) of Cortland v^^as duly passed by the Cortland County Legislature • „ January 26, , ih accordance with the applicable (Name of Legislative Bod)t) • • ' . 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)(Clty)(Town)(Village) of - . was duly passed by the , ; • on 20 J , and was (approved)(not approved) (Name of Legislative Body) ' ' • , (repassed after disapproval) by the • • and was deemed duly adopted (Elective Chief Executive Officer*) on 201 I I, 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. • of 20 of the (County)(City)(Town)(Village) of • • was duly passed by the . ' . • oh 20 , and was (approved)(not approved) (Name of Legislative Body) . ' , (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer') ' • 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 vvith 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 • was duly passed by the • • . on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the • . ' ^ o n 20 . Such local (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. * 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 ofthe county legislative body, the mayor ofa city orvillage, orthe supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev.02/10) • Page 3 of 4 ---PAGE BREAK--- 5. (City local law cohcerning 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. (Cbunty 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 estate of New York, having been submitted to the electors at the General Election of. November 20 , pursuant to subdivisions 5 and 7 of section 3,3 ofthe 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 wasjnally adopted jn tl}e m/pner indicated in paragraph above. Clerk of the rounty legislative body. City n own orVillage Clerk or officer designated by local legislative body (Seal) Date: _ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWYORK COUNTY OF Cortland, , , • 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 ofthe local law annexed hereto. jnature Signatui County Attorney Title County City Cortland Town Village Date -^s^uary 30, 2017 DOS-0239-f-l (Rev. 02/10) , ' Page 4 of 4 ---PAGE BREAK--- ON MOTION OF RICHARD BUSHNELL RESOLUTION NO. 39-17 Local Law No. 1 of 2017 - a Lbcal Law to Amend Local Law No. 4 of 1990 Regulating Traffic and Parking on Property of the County of Cortland WHEREAS, the Cortland County Legislature adopted Local Law No.4 for the year 1990 on August 1990, AND ' • WHEREAS, the Legislature desires to amend Local Law No. 4 to reflect changes in parking policy and maintenance procedures in County owned parking facilities, WHEREAS, the Cortland County Judiciary and Public Safety Committee has reviewed and recommended the adoption of the attached Local Law; AND WHEREAS, said local law has been in its fmal form upon the desks of the members of the Legislature at least seven days exclusive of Sunday, prior to this date, AND WHEREAS, a public hearing was held January 26, 2017, ^nd proper notice of said public hearing was provided, NOW THEREFORE BE IT RESOLVED, that, upon approval of the County Attomey, the attached local law, titled Local LawNo. 1 of 2017, "A Local Law Amending Local LawNo. 4 For The Year 1990 Regulating Traffic and Parking on Property of the County of Cortland" , is hereby adopted by the Cortland County Legislature. LOCAL LAW NO. 1 FOR THE YEAR 2017 A LOCAL LAW AMENDING LOCAL LAW NO. 4 FOR THE YEAR 1990 REGULATING TRAFFIC AND PARKING ON PROPERTY OF THE COUNTY OF CORTLAND. Be it enacted by the County Legislature of the County of Cortland as follows: Local Law No. 4 of 1990 is hereby amended to read as follows: SECTION ONE - POLICY: The County of Cortland (County) owns, rents and oversees real property.in order to conduct the business of the County and provides various services throughout the County. This results in the need for parking for employees, visitors and those doing business with the County. For those individuals parking in parking areas owned, rented or overseen by the County, safety and appropriate use are of paramotmt importance. In order to facilitate these concems, the County has developed regulations for consistent use, sa.fety and enforcernent of the County parking areas. ---PAGE BREAK--- SECTION TWO - REFERENCE: County Law §215 . Criminal Procedure Law Article 150 Local Law #4 of 1990 Municipal Home Rule Law §10 Vehicle and Traffic Law §1670 ' Vehicle and Traffic Law.§ 1803(4) - 1988 N.Y. Op. (Inf.) Att'y Gen. 51 1982 N.Y. St.;Comp. 58 SECTION THREE - PURPOSE: The purpose of this Parking Regulation Policy and Procedure is to ensure the County establishes a consistent system for the use, safety and enforcement of the County parking areas. SECTION FOUR - APPLICATION OF LAW The provisions of this Local Law shall apply to motor vehicles and the owner arid operators thereof, operated, located or situated upon real property owned, .rented, leased or otherwise controlled by the.County of Cortland and.the Local Law shall apply except, where it is necessary, to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a policer officer or official traffic control device. SECTION FIVE - DEFINITIONS: All words appearing in this Local Law which are defined in the New York State Vehicle and Traffic Law shall have the same definition as is set forth in that law as if the same had been set forth in this Local Law. ' SECTION SIX - ALL NIGHT PARKING The parking of vehicles OTHER THAN County ovmed or leased vehicles or vehicles of County employees then on duty is hereby prohibited on all property owned, rented, leased or otherwise controlled by the County of Cortland between the hours of 11:00 p.m. and 6:00 a.m. ---PAGE BREAK--- SECTION SEVEN - PARTICULAR LIMITATION OF PARKING IN COUNTY OWNED MUNICIPAL LOTS The parking of motor vehicles in the municipal parking lots of the County of Cortland shall be limited to County and State owned vehicles and vehicles of persons then visiting a County or State agency, and vehicles of eniployees of the County of Cortland and State ofNew York while said employee is working at a County or State agehcy located in a County operated facility, and such other vehicles as may from time to time, be authorized to park in said lots. Said authorization shall be given by the Cortland County Safety Officer or his/her designee(s). SECTION EIGHT - AUTHORIZED PARKING Persons authorized to park in County parking lots shall adhere to all parking and driving regulations as can be found on the County Web Site under Parlcing Regulations Policy and Procedure and as posted in said lot pursuant to this Local Law. The Buildings and Grounds Committee shall be authorized to cause signs to be posted iridicating restricted areas and other necessary signage. ' . SECTION NINE - DESIGANTION OF PARKING SPACES The Superintendent of Buildings and Grounds in conjunction with the Director of Plarming shall cause to. be prepared schematic drawings or layouts of each Cortland Coimty parking lot and said drawings shall contain indicated parking spaces, driving lanes, loading zones, handicapped parking areas, fire lanes and such other designated areas as may seem proper for the safe operation and parking of vehicles. These drawings shall be submitted to.the Buildings and Grounds Committee for its approval and after modification, if any, and final approval, the same shall regulate traffic and parking in the designated, parking area in conjunction with the Parking Regulations Policy and Procedure and posted signs. The drawing and any modifications shall be filed with the Cortland County Safety Officer and the Cortland County Clerk. SECTION TEN - MARKINGS Restrictions and restricted areas shall be properly marked so as to advise the public as to the restrictions and restricted areas. ---PAGE BREAK--- SECTION ELEVEN - ENFORCEMENT Ariy Police Officer having jurisdiction at the location of the parking area who has authority to issue parking tickets are hereby authorized to issue violations of the provisions of this local law by issuance of appearance tickets. SECTION TWELVE - VIOLATION A person found to be in violation of any provision of this Local Law shall be guilty of an offense and punished by a fine as set by the Cortland County Legislature and contained in the Parking Regulations Policy and Procedure set forth herein as Section Thirteen. . SECTION THIRTEEN - PROCEDURE: 1. ) Any vehicle using a County parking area will with all applicable laws ofNew York State, Federal Laws, as well as the County Local Law and regulations contained herein; 2. ) Any vehicle using a County parking area must display its current inspection and registration stickers and have the necessary insurance coverage; 3. ) Any driver of a vehicle using a County parking area will hqld a valid driver's license; 4. ) Speed Limit - The speed limit in all Coimty owned, rented or overseen parking areas is 5 MPH unless posted signs state otherwise; 5. ) ' No vehicle shall be parked in other than a marked space; 6. ) No vehicle, shall be parked within 10 feet of a building except in marked spaces; 7. ) No vehicle shall be parked in a marked handicapped space unless the vehicle either bears disabled license plates or displays a disabled placard; 8. ) No person shall stop, park or leave standing any, vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directive of a police officer or official device, in any of the following places: ---PAGE BREAK--- a. ) Unless the place where parking is designated as a parking area; b. ) On any sidewalk; c. ) Within 15 feet of any fire hydrant; - Withiri 10 feet of any building; 9. ) Parking Sign Restrictions NO STOPPING NO STANDING NO PARKING Is waiting allowed? No No No Can the driver stop to load or No No Yes unload a package or mercharidise curbside? Can the driver stop to drop off or No Yes Yes pick up passengers? 10. ) If there is more thari one sign posted for the saine area, the more restrictive sign is the one in effect; ' ' 11. ) No vehicle repairs will be made in County parking areas except with the permission of the County Safety Officer; 12. ) No vehicle wiU be washed in County parking areas except with the pennission of the County Safety Officer; 13. ) Abandoned or illegally parked vehicles may be towed and stored at the owner's expense. The vehicle owner is liable for all towing storage and release fees; 14. ) The parking of vehicles other than County ovmed or leased vehicles or vehicles of County employees on duty is prohibited on all property including parking area.s owned or leased by the Cpunty between the hours of 11:00 pm and 6:00 am; 15. ) No roUerblades, skateboards, motorized skateboards, roller-skates or similar coasting devices are to be used in parking areas owned pr leased by the Coimty; ---PAGE BREAK--- 16.) All violations under Local Law No. 4 for the year 1990, iricluding any amendments, as well as any citations issued under New York State or Federal Law will be processed and handled through the local city, tovm or village court having jurisdiction oyer the parking area/land where the, citation occurred; ---PAGE BREAK--- 17.) The penalty for a violatiori to the Local Law is as follows: a. ) For a first offense, a minimum' fine of twenty-five dollars ($25.00) up to a maximum fine of one hundred dollars ($100.00); b. ) For a second offense, a minimum fine of fifty dollars ($50.00) up to a maximum fine of one hundred dollars ($100.00); c. ) For a third offense, a minimum fine of seventy-five dollars ($75.00) up to a maximum fine of one hundred dollars ($100.00); and s • d. ) For a fourth and/or subsequent offense, the mandatory fine of one hundred dollars ($100.00). SECTION FOURTEEN - DIVISION OF FINES Any court/municipality having jurisdiction over the issued appearance ticket will receive 50% ofthe fine amount with the remaining 50% of the fine amount being received by the County of Cortland, paid to the Treasurer of Cortland County for inclusion in the general fimd. SECTION FIFTEEN - FAILURE TO ENFORCE The failure to enforce any ofthe provisions of this Local Law shall not be deemed a waiver thereof. . SECTION SIXTEEN - INVALIDITY If any section, subsection, sentence, clause, phrase or portion of this Local Law is for any reason held invalid of unconstitutional by any court of cornpetent jurisdiction, such portion shall be deemed a separate, distinct and independerit pro,vision, and such holding shall not affect the validity of the remaining portions of this Local Law. SECTION SEVENTEEN - RIGHT TO AMEND BY RESOLUTION Any Section contained herein is subject to amendment by passage of a resolution by the Cortland Coimty Legislature. : SECTION EIGHTEEN - COMPETE PROHIBITION OF OPERATION AND ---PAGE BREAK--- PARKING . The operation and parking of vehicles except County, vehicles performing maintenance work, is hereby prphibited on all property ovmed by the County of Cortland, except in areas designed as parking spaces, driveways, roadways, picnic and park areas not otherwise restricted as to driving,and parking. SECTION NINETEEN - EFFECTIVE DATE These amendments and additions for this Local Law shall take effect 90 days after filing with the New York State Office of the Secretary of State. STATE OF NEW YORK ) SS: COUNTY OF CORTLAND) This is to certify that I, the undersigned, Clerk of the Cortland County Legislature, have compared the foregoing copy with the original now on file in this office, and that the above actions were passed by the Cortland County Legislature on the 26th day of January, 2017 and that the same is a correct and true transcript of such actions taken. IN WITNESS WHEREOF I have hereunto set my hand andthe official seal of the CORTLAND COUNTY LEGISLATURE, this 26th day of January, 2017. Eric J. MulvihiU Clerk ofthe Cordanjd County Legislature