4.11 4.11
LOCAL LAWS&ORDINANCES\SET PUBLIC HEARING\No Parking on Portion of Cleverdale Road—8-7-17
RESOLUTION SETTING PUBLIC HEARING ON AMENDMENT OF
LOCAL LAW NO. 7 OF 1986 ESTABLISHING NO-PARKING
REGULATIONS ON CLEVERDALE ROAD
RESOLUTION NO.: ,2017
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 159,1986, the Queensbury Town Board enacted Local Law
No. 7 of 1986 establishing no parking regulations on Cleverdale Road beginning at East Shore Drive in
a northerly direction for 9,370' on both easterly and westerly sides of the road, except the prohibition
would not apply during the hours of 9:30-11:30 am on Sundays, and
WHEREAS, in accordance with such Local Law, there is signage prohibiting parking except
for on Sundays, posted in the area between 364 and 366 Cleverdale Road and at 359 Cleverdale Road
in the Town of Queensbury, and
WHEREAS, local residents have reported to the Town Board their concerns that the current
parking situation on Cleverdale Road, especially on Sundays when church services are in session, has
the potential to block emergency vehicles from gaining access to emergencies that may occur at the
northern end of the peninsula as cars are being parked on both the east and west sides of the road, and
WHEREAS, the Town Board wishes to address this public safety issue by allowing parking
only on alternate sections of Cleverdale Road during the hours of 9:30 a.m. and 11:30 a.m. on
Sundays and other authorized church functions, to better assure a lane width appropriate for
emergency vehicle use, and
WHEREAS, the Town Board therefore wishes to consider amendment of Local Law No. 7 of
1986 to provide for parking on alternate sections of Cleverdale Road during the hours of 9:30 a.m.
and 11:30 a.m. on Sundays and other authorized church functions, and authorize that corresponding no
parking signage be posted at the following locations:
• Between 364 and 366 Cleverdale Road;
• 359 Cleverdale Road;
• 351 Cleverdale Road; and
• 361 Cleverdale Road
and
WHEREAS, such legislation is authorized in accordance with New York State Town Law,
Vehicle and Traffic Law§1660(18) and the Municipal Home Rule Law, and
WHEREAS, before the Town Board may act on such a Local Law, it must conduct a public
hearing,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, August 21St, 2017
to consider the proposed Local Law presented at this meeting,hear all interested persons and take such
action required or authorized by law, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to publish
and post a Notice of Public Hearing in the manner provided by law.
Duly adopted this 7�"day of August, 2017,by the following vote:
AYES
NOES
ABSENT:
No Parking on Cleverdale Road—Alternate Sections-8-21-17
LOCAL LAW NO.: OF 2017
A LOCAL LAW AMENDING LOCAL LAW NO. 7 OF 1986
REGARDING ESTABLISHMENT OF NO PARKING REGULATIONS
ON CLEVERDALE ROAD IN TOWN OF QUEENSBURY
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURYAS FOLLOWS:
1. Purpose:
The purpose of this Local Law is to amend Local Law No. 7 of 1986 which established
no parking regulations on Cleverdale Road beginning at East Shore Drive in a northerly direction
for 9,370' on both easterly and westerly sides of the road except on Sundays during the hours of
9:30 a.m. and 11:30 a.m. and during other authorized church functions. This Local Law will
amend Local Law No. 7 of 1986 to allow parking on alternate sections only of Cleverdale Road
during such timeframe to better assure a lane width appropriate for emergency vehicle use and
authorize the appropriate signage regarding these no parking areas.
2. Definitions:
For the purpose of this Local Law, the words "Motor Vehicle," "Vehicle," "Person," and
"Park" shall have the same meanings as set forth for the definitions of such words in the Vehicle
and Traffic Law of the State of New York.
3. No Parking on the easterly and westerly sides of Cleverdale Road in the Town
of Queensbury except on certain alternate sections during certain hours:
No motor vehicle or other vehicle of any kind shall be allowed or permitted to park and no
person(s) shall park a motor vehicle or other vehicle for any period of time on Cleverdale Road
beginning at East Shore Drive in a northerly direction for 9,370' on both easterly and westerly sides
of the road, except at specific locations on alternate sides of Cleverdale Road during the hours of
9:30 a.m. and 11:30 a.m. on Sundays and during other authorized church functions. No parking
signage shall be posted at the following locations:
• Between 364 and 366 Cleverdale Road;
• 359 Cleverdale Road;
• 351 Cleverdale Road; and
• 361 Cleverdale Road
4. Responsibility of Motor Vehicle Owner:
Should any vehicle be found parked in violation of this Local Law, it shall be presumed that
the owner of the motor vehicle is the person responsible for parking the motor vehicle in violation
and this presumption shall only be rebutted upon a showing by the vehicle owner that another
person clearly identified had custody and control of the motor vehicle at the time of such violation.
5. Penalty:
Any person violating any provision or paragraph of Section 3 of this Local Law shall, upon
conviction, be punishable for a first offense by a fine not to exceed$25, and for a second offense by
a fine not to exceed $50. In addition to the aforesaid penalties, the Queensbury Town Board may
institute any proper action, suit, or proceeding to prevent, restrain, correct, or abate any violation of
this Local Law.
6. Effective Date:
This Local Law shall take effect immediately upon its filing in the Office of the Secretary of
State.
•
(Please Use this Form for Filing your 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.
k)pav (y
of.-_Town ..._..._..._...........__._..._._-.._....
Ming
•
r
A local law_-- HSTABLISHING NO-PARXING•REGULATIONS ON CLEVERDALE ROAD AND
(Iv.enihlet
DESIGNATED ON TRE.TOWN OF QUEENS/WRY TAX NAP IN SECTION 10 AND 14
•
Beit enacted by the ................_..._._..._TO.WN_.BOABII.,.-._.__..........._.__...._.....__........_-_......__..........of the
(N.ne of t.eei.lnl.e Body)
flank •
•• tib' •
QUEENSBURY _ es follows:
Townf..._......_.._........_....._
•
•
f}l.ge
SECTION 1. For the purpose of this Local Law, the words "vehicle",
"owner"; "Parked", "standing" shall have the meaning defined in the Vehicle
and Traffic Law of the State of New York. •
SECTION 2. Except as provided for in Section 3 hereof, no vehicle shall
be parked or left standing on Cleverdale Road beginning at East Shore Drive
in a northerly direction for 9370' on both easterly and westerly sides of
• the road and more particularly described on the Town of Queensbury Tax Map
in Section 10 and Section 14. The prohibition herein set forth shall not apply
during the hours of 9:30 a.m. and 11:30 a.m. on Sundays and other functions
authorized by the Church when parking is permitted on the east side 1000'
south of the Church.'
• SECTION 3. Any person violating any provision of Section 2 or Section
3 of this Local Law shall upon conviction be punishable for a first offense
by a fine not to exceed $25.00 and for a second offense by a fine not to
exceed $50.00. In addition to the aforesaid penalties, the Town Board of
the Town of Queensbury -may institute any proper action, suit or proceeding
to prevent, restrain, correct or abate any violation of this Local Law.
SECTION .4. This Local Law shall take effect immediately upon' filing
thereof in the'Office of the Secretary of State.
prof •
additional space is needed,please attach sheets of the same size as this and number each)
Page 1
•
(Complete the certification in the paragraphwhich applies to the filing of this local law and strike out the
matter therein 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. 7 of 191.4...
fly
of the ( of QUEE11SBURY was duly passed by the TOWN-BOARD
(Name of Legislative Bag/
on June 10, ;.1.9...,8k in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. of 19
County
of the Tow, of was duly passed by the
(Name of Legislative Body)
Village
not disapproved
on .19 and was approved by the
repassed after disapproval Elective chi=t e:ecmi.e Officer
and was deemed duly adopted on 19 , in accordance with the applicable
provisions of law.
•
'3. (Final adoption by referendum.) •
I herebycertify that the local law annexed hereto,designatedas local law No. of 19
. County
of the City of was duly passed by the
Town . (Nemo of Legislative Body)
Village not disapproved
on 19 and was approved by the
Elective chief Executive officer
repassed after disapproval
on 19 Such local law was submitted to the people by reason of a
• mandatory referendum,and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on 19 , in accordance with the appli-
annual
• 'cable provisions of law. •
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.) '
I hereby certify that the local law annexed hereto,designated as local law No. of 19..........
County
of the City of was duly passed by the • on
Town (Name of LeaisletIve Body)
Village not disapproved •
19 and was approved by the on
repassed after disapproval Elective c6t=f Exocdtivo Officer
• 19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
19 ,-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 chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 2
I a .
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 19
of the City of having been submitted to referendum pursuant to the
provisions of 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 specigeneraall election held on
19 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 19......of the
County of ' State. of New York, having been submitted to the Electors at the
General Election of November 19 ,pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
. cipal 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 of 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.l 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
finally adopted in the manner indicated-in paragraph 1 above.
4 4-
Clerk of the County legislative body,City,Town or r age Clerk or
officer designated by local legislative body
Date:
June 10, 1986
•
(Seal)
•
(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 ...WARREN
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
TOWN' COUNSEL
Title
Date: Outtaxjt
June 10, 1986 Oix;t of QUEENSBURY
Town
iblibtew
Page 3
No Parking on Sections of Cleverdale Road—8-21-17
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT IN ACCORDANCE WITH A RESOLUTION ADOPTED
BY THE QUEENSBURY TOWN BOARD ON MONDAY, AUGUST 71", 2017, THE TOWN BOARD
WILL CONDUCT A PUBLIC HEARING ON MONDAY, AUGUST 21ST, 2017 AT 7:00 P.M. IN THE
QUEENSBURY ACTIVITIES CENTER 742 BAY ROAD, QUEENSBURY, AT WHICH HEARING
ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE HEARD AS TO WHETHER
THE BOARD SHALL ADOPT A LOCAL LAW AMENDING LOCAL LAW NO. 7 OF 1986
REGARDING ESTABLISHMENT OF NO PARKING REGULATIONS ON CLEVERDALE ROAD IN
THE TOWN OF QUEENSBURY. SUCH LOCAL LAW WOULD ALLOW PARKING ONLY ON
ALTERNATE SECTIONS OF CLEVERDALE ROAD DURING THE HOURS OF 9:30 A.M. AND 11:30
A.M. AND DURING OTHER AUTHORIZED CHURCH FUNCTIONS TO BETTER ASSURE A LANE
WIDTH APPROPRIATE FOR EMERGENCY VEHICLE USE AND AUTHORIZE THAT
APPROPRIATE SIGNAGE REGARDING THESE NO PARKING AREAS. BE POSTED AT THE
FOLLOWING LOCATIONS:
• BETWEEN 364 AND 366 CLEVERDALE ROAD;
• 359 CLEVERDALE ROAD;
• 351 CLEVERDALE ROAD; AND
• 361 CLEVERDALE ROAD.
FOR FURTHER INFORMATION, ALL INTERESTED PERSONS MAY OBTAIN A COPY OF
THE PROPOSED LOCAL LAW DURING NORMAL BUSINESS HOURS AT THE QUEENSBURY
TOWN CLERK'S OFFICE,742 BAY ROAD, QUEENSBURY.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: AUGUST ,2017
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY