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Marlborough City Zoning Code

CHAPTER 145

Vehicles and Traffic

[Amended 5-16-1983 by L.L. 4-1983; 4-20-1987 by L.L. No. 1-1987]

§ 145-1 Definitions and word usage.

The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this chapter:
The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the roadway.
Whenever certain hours are named herein or on traffic control devices, they shall mean the time standard which is in current use in this state.

§ 145-2 Authority to install traffic control devices.

The Superintendent of Highways shall install and maintain traffic control devices when and as required under the provisions of this chapter, to make effective the provisions of this chapter, and may install and maintain such additional traffic control devices as he may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.

§ 145-3 Delegation of powers to regulate traffic.

Pursuant to the provisions of Subdivisions (a) and (e) of § 1603 of the Vehicle and Traffic Law, power is hereby delegated to the Supervisor to exercise, by official order, rule or regulation, the following powers granted to the legislative body of this Town in Article 41 of the Vehicle and Traffic Law, subject, however, to the limitations imposed by §§ 1664 and 1684, of the Vehicle and Traffic Law.[1]
[1]
Editor's Note: No specific powers were so delegated in the original local law. See Article 41 of the Vehicle and Traffic Law for enumeration of powers which may be so delegated by a Town.
For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules in which shall be entered all regulations after adoption. Pursuant to the provisions of § 1660 of the Vehicle and Traffic Law, the schedules contained in §§ 145-4, 145-5, 145-6, 145-10, 145-11, 145-12, 145-17 and 145-18 may be amended by resolution of the Town Board, and all regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.
[Added 8-22-1994 by L.L. No. 2-1994]

§ 145-4 One-way roadways designated.

The following streets or parts of streets are hereby designated as one-way streets, and vehicles shall proceed only in the direction indicated within the limits designated below:
Name of Street
Direction of Travel
Location
Brewster Street
East
From Main Street to Dock Road in the Hamlet of Milton
King Street
South
From Western Avenue to U.S. Route 9W (SH 5114) in the Hamlet of Marlboro
Orange Street
[Added 10-23-1995]
South
Between Western Avenue and Church Street
Western Avenue
West
From U.S. Route 9W (SH 5114) to King Street in the Hamlet of Marlboro
White Street
North
From Prospect Street to Birdsall Avenue in the Hamlet of Marlboro

§ 145-5 Stop intersections designated.

[Amended 5-16-1983 by L.L. No. 4-1983; 8-22-1994 by L.L. No. 2-1994]
The following highway intersections are hereby designated as stop intersections, and stop signs shall be erected as follows:
Stop Sign on
Direction of Travel
At Intersection With
1st Street
[Added 5-22-2006]
West
Sherman Drive
2nd Street
[Added 5-22-2006]
West
Sherman Drive
3rd Street
[Added 5-22-2006]
West
Sherman Drive
Albertson Road
North
Western Avenue
Anna Place
East
Hudson Terrace
Apple Blossom Drive
East
Clarks Lane
Ashlyen Drive
South
Ruby Road
Bailey's Gap Road
Both
Route 44/54
Bailey's Gap Road
East
Milton Cross Roads
Bailey's Gap Road
West
Pancake Hollow Road
Billasimo Drive
East
Plattekill Road
Bingham Road
Both
Lattintown Road
Bingham Road
East
Highland Avenue
Bingham Road
West
Plattekill Road
Birdsall Avenue
East
Route 9W
Birdsall Avenue
West
Prospect Street
Bloom Street
[Added 7-13-1998]
Both
Grand Street
Bloom Street
East
Route 9W
Blossom Hill Drive
South
South Street
Breezy Heights
East
Highland Avenue
Brewster Street
East
Dock Road
Briarwood Lane
North
South Street
Burma Road
[Added 11-22-2004]
North
Idlewild Road
Burma Road
South
Plattekill Road
Center Street
East
Highland Avenue
Cherokee Drive
South
Old Indian Road
Chestnut Lane
East
Route 9W
Chestnut Lane
West
Old Indian Road
Church Street
East
Grand Street
Church Street
West
Highland Avenue
Church Street
[Added 3-22-2004]
West
Sands Avenue
Clarks Lane
North
Milton Turnpike
Clarks Lane
South
Willow Tree Road
Conklins Hill
East
Lattintown Road
Conklins Hill
West
Milton Turnpike
Conte Terrace
[Added 9-27-1999]
East
Highland Avenue
Cross Road
North
Plattekill Road
Cross Road
South
South Street
Cubbard Drive
North
Old Indian Road
Dragotta Lane
North
South Street
Dubois Street
[Amended 3-22-2004]
Both
Grand Street
Dubois Street
Both
West Street
Dubois Street
East
Route 9W
Evy Lane
East
Paula Drive
Felicello Drive
West
Lattintown Road
Frozen Ridge Road
North
Bingham Road
Gabrity Road
[Added 3-22-2004]
South
Mahoney Road
Grand Street
Both
Bloom Street
Grand Street
North
Western Avenue
Greentree Lane
[Added 1-26-2004]
North
Old Indian Road
Hampton Road
North
Plattekill Road
Hampton Road
South
Bingham Road
Highland Avenue
[Added 8-23-1999]
Both
South Street
Highland Avenue
North
Western Avenue
Hillcrest Center
East
Hillcrest Drive
Hillcrest Drive
North
South Street
Hillside Road
West
Route 9W
Hudson Bluff
West
Route 9W
Hudson Terrace
Both
Bloom Street
Hudson Terrace
Both
Church Street
Idlewild Road
East
Plattekill Road
Jackson Avenue
East
Highland Avenue
Jackson Avenue
West
Plattekill Road
Jonathan Place
West
Old Post Road
King Street
South
Route 9W
Landfill Entrance
North
Bailey's Gap Road
Lauria Drive
East
Route 9W
Lillie Lane
North
Willow Tree Road
Lu El Ann Drive
South
South Street
Lyons Lane
East
Route 9W
Lyons Lane
West
Ridge Road
Mahoney Road
Both
Route 9W
Mahoney Road
East
North Road
Mahoney Road
East
Peach Road
Mahoney Road
West
Milton Cross Roads
Maple Street
[Added 3-22-2004]
West
South Road
McLaughlin Drive
East
Route 9W
Millhouse Road
East
Old Post Road
Mohawk Drive
South
Old Indian Road
Mount Rose Road
East
Route 9W
Mount Zion Road
East
Lattintown Road
Mulberry Road
North
Milton Turnpike
Mulberry Road
South
Lattintown Road
New Road
North
Mahoney Road
New Road
South
Route 9W
North Young Avenue
West
Route 9W
Ohara Road
South
Milton Turnpike
Old Indian Road
[Amended 8-9-1999]
Both
Lattintown Road
Old Indian Road
Both
South Road
Old Indian Road
East
Route 9W
Old Post Road
North
Route 9W
Orange Street
Both
Bloom Street
Orange Street
Both
Church Street
Orange Street
North
Western Avenue
Orchard Street
Both
Bloom Street
Orchard Street
Both
Church Street
Overlook Bluff
[Added 3-22-2004]
West
Dragotta Road
Paula Drive
North
Chestnut Lane
Peach Road
South
Milton Turnpike
Penny Lane
East
Lattintown Road
Pleasant View Drive
South
McLaughlin Road
Prospect Street
East
Western Avenue
Purdy Avenue
East
Route 9W
Ridge Road
Both
Prospect Street
Ridgecrest Road
North
Willow Tree Road
Ridge Road
North
Old Indian Road
Ridge Road
South
Western Avenue
River Knoll
West
North Road
Rivercrest Lane
[Added 1-24-2000]
West
Route 9W
Riverwood Drive
[Added 5-22-1995]
South
Hudson Bluff Drive
Robyn Drive
East
Blossom Hill Drive
Ruby Road
East
Lattintown Road
Rue de Vin
[Added 12-9-2002]
East
Hampton Road
Saint James Road
East
South Road
Saint James Road
[Added 9-27-1999]
West
Route 9W
Sands Avenue
South
Dock Road
Sherman Drive
North
Milton Turnpike
South Road
Both
Route 9W
South Street
Both
Highland Avenue
South Street
Both
Lattintown Road
South Street
West
Plattekill Road
South Street Extension
East
Route 9W
Steefle Road
West
North Road
Stuart Drive
[Added 9-24-2001]
East
Lauria Drive
Van Del Drive
South
Willow Tree Road
Walnut Lane
Both
Milton Turnpike
Warren Street
East
Route 9W
Watson Avenue
North
Dock Road
West Street
Both
Dubois Street
West Street
North
Western Avenue
West Street
South
Bloom Street
White Street
North
Birdsall Avenue
Wild Flower Lane
East
Billesimo Drive
Willow Tree Road
[Amended 3-22-2004]
Both
Mulberry Lane
Willow Tree Road
Both
Route 9W
Willow Tree Road
[Added 1-26-2004]
Both
Van Del Drive
Willow Tree Road
[Added 3-22-2004]
East
South Road
Willow Tree Road
West
Lattintown Road
Woodcrest Lane
West
Route 9W
Wygant Road
East
Lattintown Road
Wyms Height
North
Ridge Road

§ 145-6 Yield intersections designated.

[Amended 5-16-1983 by L.L. No. 4-1983; 8-22-1994 by L.L. No. 2-1994]
The following locations are hereby designated as yield intersections, and yield signs shall be erected as follows:
Yield Sign on
Direction of Travel
At Intersection of
Church Street
[Added 7-12-1999; repealed 3-22-2004]
Dubois Street
[Added 3-22-2004]
West
Orange Street
Gabriety Road
[Repealed 3-22-2004]
Main Street
[Added 3-22-2004]
South
South Road
Maple Avenue
[Added 6-12-1995; repealed 3-22-2004]
Mountain Road
North
Mount Zion Road
Mountain Road
South
Reservoir Road
Old County Road
East
Milton Turnpike
Old County Road
West
Milton Turnpike
Overlook Bluff
[Repealed 3-22-2004]
Shanghi Hill
East
Dock Road
Shanghi Hill
West
Sands Avenue
Willow Tree Road
[Repealed 3-22-2004]
Willow Tree Road
[Added 6-12-1995; repealed 3-22-2004]

§ 145-7 Minimum speed limits designated.

All speed limits in the Town of Marlborough shall be prescribed by the New York Department of Transportation pursuant to § 1622 of the Vehicle and Traffic Law.

§ 145-8 Application of article.

The provisions of this article shall apply except when it is necessary to stop vehicles to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.

§ 145-9 Parking prohibited during emergencies; maintenance of sidewalks.

The parking of vehicles is hereby prohibited on all highways within the Town during snowstorms.
The owner or owners of premises abutting any street where a sidewalk has been laid shall keep the sidewalk in front of such premises free and clear of ice and snow within 24 hours after a snowstorm or ice storm ceases.

§ 145-9.1 Snow emergency regulation.

[Added 5-24-2010 by L.L. No. 2-2010]
In order to facilitate the removal of snow and ice from the publicly maintained roads in the Town of Marlborough, parking, standing or stopping of any motor vehicles is prohibited on all roads, streets or highways in the Town of Marlborough from October 15 to April 15 of every year during snow and ice storms.
The Town of Marlborough may make arrangements with property owners within the hamlet on an annual basis to provide temporary (not to exceed 24 hours) off-street parking for motor vehicles in the Hamlet of Marlboro. Information as to the off-street parking facilities may be obtained from the Town Supervisor's office and the Town of Marlborough Police Department.
Any motor vehicle remaining on a street or highway in violation of this section shall be towed at the owner's expense. The Town of Marlborough Police Department shall have the authority to engage the services of any tow truck under the terms of Chapter 140, entitled "Tow Trucks." Such tow trucks shall be engaged by the Town according to the existing rotation for tow truck calls on file with the Town of Marlborough Police Department.

§ 145-9.2 Posting of notice.

[Added 5-24-2010 by L.L. No. 2-2010]
The existence of the snow ordinance and the restricting of parking on Town highways during snow emergencies shall be posted on all highways entering the Town of Marlborough. The wording shall include: "No parking on Town roads during snow/ice storms. Vehicles will be ticketed and towed at the owner's expense."

§ 145-9.3 Sidewalks.

[Added 5-24-2010 by L.L. No. 2-2010]
The owner or owners of premises abutting any street where a sidewalk has been laid shall keep the sidewalk in front of such premises free and clear of ice and snow within 24 hours after a snow storm or ice storm ceases.

§ 145-10 Parking and/or standing prohibited at all times in certain locations.

The parking and/or standing of vehicles is hereby prohibited at all times in any of the following locations:
Name of Street
Side
Location
Brewster Street
[Added 10-15-2002 by L.L. No. 3-2002]
North
Entire length
Church Street
North
From the intersection with Sands Avenue to a point 50 feet west thereof in the Hamlet of Milton
Dock Road
[Added 3-26-2007]
North
Entire length, excluding westbound from CHG&E pole CH13900 to CH13901 and from CH13902 to CH13008
Dock Road
[Added 3-26-2007]
South
Entire length
Dubois Street
[Added 5-22-2006]
South
From the corner of Dubois Street and Grand Street to a point 69 feet east thereof
Dubois Street
[Added 5-22-2006]
South
From the corner of Dubois Street and West Street to a point 45 feet west thereof
Grand Street
Both
From Western Avenue to a point 525 feet south thereof in the Hamlet of Marlboro
Grand Street
[Added 9-13-2004; amended 3-26-2007]
West
From its intersection with Church Street to its intersection with Dubois Street
King Street
[Amended 11-26-2007]
East
From its intersection with U.S. Route 9W to Western Avenue in the Hamlet of Marlboro
King Street
West
From its intersection with Western Avenue to a point 50 feet southerly in the Hamlet of Marlboro
Main Street
East
From Dock Road to a point 75 feet south thereof in the Hamlet of Milton
Main Street
[Added 5-8-2006]
East
From the southwest corner of property tax parcel Lot No. 30 to the northwest corner of property tax parcel Lot No. 20, tax parcel Section 103.9-2
Main Street
West
From the Milton firehouse to a point 525 feet south thereof in the Hamlet of Milton
Maple Avenue
North
From the intersection of Watson Avenue to a point 50 feet west thereof in the Hamlet of Milton
Maple Avenue
South
From the intersection of South Road to the intersection of Watson Avenue in the Hamlet of Milton
Orange Street
East
From the intersection with Church Street to its intersection with Bloom Street in the Hamlet of Marlboro
Orange Street
West
From the intersection with Bloom Street to its southerly end in the Hamlet of Marlboro
Orange Street
West
From the intersection with Western Avenue to the intersection with Church Street in the Hamlet of Marlboro
Prospect Street
East
From a point 100 feet north of Hideaway Lane (private road) to a point 100 feet south of Hideaway Lane
Sands Avenue
East
From the intersection with Dock Road to the intersection with Church Street in the Hamlet of Milton
Sands Avenue
West
From the intersection with Dock Road to its intersection with Maple Avenue in the Hamlet of Milton
Watson Avenue
West
From the intersection with Maple Avenue to a point 50 feet north thereof in the Hamlet of Milton
Western Avenue
North
From its intersection with West Street to a point 50 feet west of its intersection with Orange Street Extension in the Hamlet of Marlboro
Western Avenue
South
From its intersection with U.S. Route 9W to its intersection with Prospect Street in the Hamlet of Marlboro

§ 145-11 Parking time limited in certain locations.

The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations:
Name of Street
Side
Between the
Hours of
Time Limit
(hours)
Location
King Street
East
7:00 a.m. to 6:00 p.m.
2
From its intersection with Western Avenue to a  point 60 feet south in the Hamlet of Marlboro
Main Street
[Repealed 6-12-2006]
Main Street
[Added 6-12-2006]
West
All times
2
From the northern side of the parking area for the business known as “Machaylas” (103.1-2-45) to the souothern end of the 30-minute parking zone in place for the building presently owned by M. R. Russo (Post Office parking)
Western Avenue
North
7:00 a.m. to 6:00 p.m.
2
From its intersection with U.S. Route 9W to its intersection with West Street in the Hamlet of Marlboro

§ 145-12 Angle parking.

The parking of vehicles upon any of the streets or parts thereof described below is prohibited except at the angle designated and only within the painted stall lines. On all streets or portions hereof where angle parking is now or shall hereafter be authorized, all vehicles parked thereon shall be parked with the front thereof nearest the curb.
Name of Street
Side
Angle
(degrees)
Location
Western Avenue
North
45
From a point 50 feet west of the west curbline of U.S. Route 9W to a point 200 feet east of its intersection with West Street

§ 145-12.1 Parking prohibited at certain times in certain locations.

[Added 5-24-1999]
The parking of vehicles is hereby prohibited at certain times in the following locations:
Name of Street
Side
Hours
Location
West Street
Both
6:00 a.m. to 6:00 p.m.
Entire length

§ 145-13 Authority to impound vehicles.

[Amended 8-22-1994 by L.L. No. 2-1994; 5-24-2010 by L.L. No. 2-2010]
When any vehicle is parked or abandoned on any highway within the Town of Marlborough during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by a member of the Police Department, a member of the Town Highway Department or, at the request of a member of the Police Department, by a tow truck operator who has obtained a permit under the terms of Chapter 140, Tow Trucks.
When any vehicle is found unattended on any highway within the Town where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by a member of the Police Department, a member of the Town Highway Department or, at the request of a member of the Police Department, by a tow truck operator who has obtained a permit under the terms of Chapter 140, Tow Trucks.
When any vehicle is parked or abandoned on any highway within the Town where stopping, standing or parking is prohibited, said vehicle may be removed by a member of the Police Department, a member of the Town Highway Department or, at the request of a member of the Police Department, by a tow truck operator who has obtained a permit under the terms of Chapter 140, Tow Trucks.
Any vehicle parked or abandoned on any highway, street or road within the Town of Marlborough during a snow/ice storm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned may be removed at the owner's expense. This parking prohibition will remain in effect until the street, highway or road is effectively cleared. Any vehicle removed due to this provision is subject to a parking violation and fines starting at $25 up to $125 for three or more confirmed offenses.

§ 145-14 Storage and charges.

[Amended 8-22-1994 by L.L. No. 2-1994]
After removal of any vehicle by any person authorized as provided in this article, said person may store such vehicle in a suitable place at the expense of the owner. Such owner or the person in charge of the vehicle may redeem the same upon payment of the charges therefor.

§ 145-15 Notice of removal.

The person hereinbefore authorized removing the vehicle shall, without delay, report the removal and the disposition of any vehicle removed, as provided in this article, to the Chief of Police, and it shall be the duty of such Chief of Police to ascertain to the extent possible the owner of the vehicle or the person having charge of the same and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem the same.

§ 145-16 Delegation of duties by Chief of Police.

Any of the duties of the Chief of Police under this article may be delegated by him to other members of the Police Department of the Town.

§ 145-17 All trucks excluded from certain highways.

All trucks (and/or commercial vehicles and/or tractors and/or tractor-trailer combinations) are hereby excluded from the following highways within this Town:
Name of Street
Location
Brewster Street
Entire length in the Hamlet of Milton

§ 145-18 Trucks over fifteen tons excluded from certain highways.

Trucks over 15 tons are hereby excluded from the following highways within this Town:
Name of Street
Location
Dock Road
Entire length in the Hamlet of Marlboro
Main Street
[Added 7-13-2001 by L.L. No. 1-2001]
Entire length in the Hamlet of Milton
North Road
[Added 7-13-2001 by L.L. No. 1-2001]
Entire length in the Hamlet of Milton
South Road
[Added 7-13-2001 by L.L. No. 1-2001]
From the intersection of Willow Tree Road southerly to the intersection of State Route 9W in the Hamlet of Milton

§ 145-19 Local deliveries and pickups exempted.

The regulations established in this article shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded.

§ 145-20 Penalties for offenses.

Every person convicted of an offense against any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be guilty of a violation punishable as follows: by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.

§ 145-21 Penalties for parking offenses.

[Amended 3-25-1996 by L.L. No. 4-1996; 3-13-2023 by L.L. No. 2-2023]
Every person accused of a parking offense in violation of the Vehicle and Traffic Law of the State of New York has the option of appearing in Town Court before the presiding Town Justice or may use the mail by filing the official Town of Marlborough traffic summons and remitting the minimum fine set pursuant to the Town of Marlborough fee schedule in effect as adopted by the Town Board. Such offenses include:
Blocking a fire hydrant.
Parked in fire lane.
No parking any time.
Restricted parking.
Temporary parking prohibited.
Parking overtime.
Parked in bus zone.
Parked in handicapped parking area.
Violation of snow ordinance.
Double parking.
Parking on sidewalk.
Blocking intersection.
Blocking crosswalk.
Blocking driveway.
Any vehicle that is found in violation of any of the above parking offenses, after having been issued a parking ticket for the same, may be towed at the owner's expense, at the direction of any Town of Marlborough police or code enforcement officer.

§ 145-22 When effective; approval.

Except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York and § 46 of the Highway Law of the State of New York, this chapter shall take effect when filed with the Secretary of State.
Any part or parts of this chapter which are subject to approval under § 1684 of the Vehicle and Traffic Law and § 46 of the Highway Law of the State of New York shall take effect from and after the day on which approval, in writing, is received from both the New York State Department of Transportation and the New York State Department of Public Works.