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2.1 2.1 LOCAL.LAWS&ORDINANCESTNACTWNUNo Parking on Cleverdale Road—Amend—8-21-17 RESOLUTION TO ENACT LOCAL LAW AMENDING LOCAL LAW NO. 7 OF 1986 REGARDING ESTABLISHMENT OF 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, and WHEREAS, a copy of the proposed Local Law has been presented at this meeting, and WHEREAS, the Town Board duly conducted a public hearing concerning the proposed Local Law on Monday, August 21St, 2017 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby adopts and enacts the Local Law Amending Local Law No. 7 of 1986 Regarding Establishment of No Parking Regulations on Cleverdale Road in the Town of Queensbury, to be known as Local Law No.: of 2017, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk to file the Local Law with the New York State Secretary of State in accordance with the provisions of the Municipal Home Rule Law and the Local Law will take effect immediately and as soon as allowable under law, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Highway Superintendent to post no parking signs on the appropriate sections of Cleverdale Road and take such other and further action necessary to effectuate the terms of this Resolution. Duly adopted this 21St 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 QUEENSBURY AS 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.