Town Supervisor TOWN Justices Peter Ingalsbe John E. Gligora 315- 986- 8100 opt 2 FARMINGTON 315- 986- 3113 Morris H. Lew Deputy Supervisor 315- 986- 8195 Steven Holtz Highway Supt. Don Giroux Town Clerk 315- 986- 5540 Michelle Finley Water & Sewer Supt. 315- 986- 8100 opt 1 Robin MacDonald 585- 924- 3158 Assessor Town Councilmen 1000 County Road 8, Farmington, 14425 Michelle Nicodemus Michael Casale 315- 986- 8100 opt 4 Steven Holtz Code Enforcement Office The Gateway to Ontario County" ( Exit 44 NYS Thruway) Ron Herendeen Dan Delpriore The Town of Farmington is an Equal Opportunity Provider Nate Bowerman 315- 986- 8100 opt 3

TDD 1- 800-662- 1220

www.townoffarmingtonny.com RESOLUTION #92- 2021: Councilman Holtz offered the following Resolution, seconded by Councilman Casale:

A RESOLUTION TO RECALL RESOLUTION NO. 436 OF 2020 FOR THE ACTION ENTITLED ADOPTION OF LOCAL LAW NO. 8 OF 2020, AMENDMENTS TO CHAPTER 153 OF THE FARMINGTON TOWN CODE, ENTITLED VEHICLES AND TRAFFIC" AND RENUMBERING THIS ACTION LOCAL LAW NO. 2 OF 2021

WHEREAS, the Town of Farmington Town Board (hereinafter referred to as Town Board) by Resolution No. 436 of 2020, dated December 8, 2020 adopted the above referenced Local Law (Local Law No. 8 of 2020); and directed the filing thereof with the New York State Secretary of State; and

WHEREAS, the Town Clerk has been notified by the Attorney for the Town that the Secretary of State Office did not file said local law until after January 1, 2021; and

WHEREAS, the Attorney for the Town has informed the Town Clerk that this local law number is to be changed to be Local Law No. 2 of 2021.

NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby recall the above referenced Resolution No. 437 of 2020 and deletes all references to the previously assigned Local Law Number (Local Law No. 8 of 2020) and replaces all references thereto with Local Law Number 3 of 2021.

BE IT FURTHER RESOLVED that the Town Clerk, upon receipt of the notice of filing of said Local Law with the Secretary of State, is to send a request to General Code Publishers for updating Chapter 153 ofthe Town Code as has been amended herein.

BE IT FINALLY RESOLVED that the Town Clerk is to provide Certified Copies of this resolution to: the Attomey for the Town; the Town Highway and Parks Superintendent; the Acting Town Water and Sewer Superintendent; the Town Construction inspector; the Town Code Enforcement Officer; the Town Zoning Officer; Lance Brabant, CPESC, MRB Group, D.P.C., the Town Engineers; and the Town Director ofPlanning and Development.

I, Michelle Finley, Town Clerk ofthe Town ofFarmington do hereby certify that the aforementioned resolution was passed by the Town Board of the Town ofFarmington on February 9, 2021, by the following vote: Ayg ny__ Absent

Peter Ingalsbe X Michael Casale X Steven Holtz X Ron Herendeen X Nate Bowerman X

STATE OF NEW YORK ONTARIO COUNTY This is to certify that I, Michelle Finley, Town Clerk of the Town of Farmington, in the said County of Ontario, has compared the foregoing copy of Resolution No. 92-2021 - A RESOLUTION TO RECALL RESOLUTION NO. 436 OF 2020 FOR THE ACTION ENTITLED " ADOPTION OF LOCAL LAW NO. 8 OF 2020, AMENDMENTS TO CHAPTER 153 OF THE FARMINGTON TOWN CODE, ENTITLED VEHICLES AND TRAFFIC" AND RENUMBERING THIS ACTION LOCAL LAW NO. 2 OF 2021

with the original now on file in this office, and that the same is a correct and true transcript of such originals and the whole thereof.

TOWN OF FARMINGTON In Witness Whereof, I have hereunto set my hand and affixed the seal 10th of said Town this day of February 2021.

SGL

SEAL Michelle Finley MMC, R Farmington Town Clerk— ntario County LOCAL LAW FILING New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231- 0001

Use this form to file a 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.

County. City

Town of Farmington Village

ff

Local Law No. of the yearff

A local law " Deleting in its' entirety Chapter 153 ( Vehicles and Traffic) of the Code of the Town of Farmington and replacing it, in its entirety, with a new Chapter 153 ( Vehicles and Traffic) of the Code of the Town of Farmington" Insert Title)

Be it enacted by the Town Board (Name ofLegislative Body)

County City

Town of Farmington as follows: Village Section 1. Chapter 153, Articles I, II, III and IV, Sections 153- 1 through 153- 10 of the Code of the Town of Farmington is hereby repealed in its entirety and replaced with a new Chapter 153, Articles I, II, III and IV, Sections 153- 1 through 153- 10, to be entitled " Vehicles and Traffic" as contained herein:

Article I, Seasonal Restriction on Parking.

153- 1 Restrictions.

A. The parking of any vehicle on any state highway, or on any county or town highway within the Town of Farmington, is hereby prohibited between November 1st of any year and April 1 ofthe following calendar year. B. The parking of any vehicle on any sidewalk, cross -walk, or hiking/biking trail within the Town of Farmington, is hereby prohibited at any time. C. The parking of any vehicle on any town -owned land during closed park hours, or when there is no public hours of operation, and which has not been authorized by the Town Highway and Parks Superintendent by issuing an Authorized Parking Tag that is displayed in the window of such vehicle, is hereby prohibited at any time. D. No vehicle shall be parked in a delineated Fire Lane at any time. 1) E. vehicle shall parked a No be in delineated No Parking Zone at any time. tp

Article I, Enforcement.

153- 2 Enforcement.

A. Whenever any law enforcement officer or the Superintendent of Highways and Parks of the Town of Farmington fmds any vehicle parked in violation of the provisions of this article, such officer or superintendent is authorized to provide for the removal of such vehicle to a garage, as that term is defined in Chapter 165 ( Zoning) of the Code of the Town of Farmington, to a lot approved for the outdoor storage of vehicles or to some other place of safety. B. Whenever any law enforcement officer or the Superintendent of Highways and Parks of the Town of Farmington fmds any vehicle parked on top of and blocking a public sidewalk, cross -walk, or hiking/biking trail, such officer or superintendent is authorized to provide for the removal of such vehicle to a garage, as that term is defined in Chapter 165 ( Zoning) of the Code of the Town of Farmington, or to a lot approved for the outdoor storage of vehicles or to some other place of safety. C. Whenever any law enforcement officer, or the Superintendent of Highways and Parks of the Town of Farmington, finds any privately -owned vehicle parked on any town - owned land during closed park hours, or when there is no public hours of operation being conducted, and said vehicle does not have displayed in the window a Temporary Parking Permit authorized by the Superintendent of Highways and Parks of the Town of Farmington, to provide for the removal of such vehicle to a garage, as that term is defined in Chapter 165 ( Zoning) of the Code of the Town of Farmington, or to a lot approved for the outdoor storage of vehicles or to some other place of safety. D. Parking of private vehicles on town owned park lands, trails or municipal sites shall be allowed only within designated parking spaces.

Article I, Costs of towing and storage.

153- 3 Costs of towing and storage.

If an illegally parked vehicle is removed pursuant to § 153- 2 of this Chapter, the owner or other person lawfully entitled to the possession of such vehicle may be charged with the reasonable cost for removal and storage, payable to the authorized towing company before the vehicle is released.

Article I, Definitions.

153- 4 Definitions.

The words, " parking," " highway," and " vehicle" as used in this Chapter shall have the meanings as defined the Vehicle and Traffic Law of the State of New York. 2) Article I, Penalties for offenses.

153- 5 Penalties for offenses.

The parking of any vehicle in violation ofthe provisions of this Chapter shall constitute a traffic infraction punishable as provided in the Vehicle and Traffic Law of the State of New York.

Article II, Parking Prohibited within portions of Public Highways.

153- 6 Parking Prohibited at All Times.

The parking of vehicles within the posted limits of the rights-of-way portions of the following public highways is hereby prohibited at all times.

A. — commencing at the Farmington/ Victor Town Line and extending east to Glenn Carlyn Drive. B. - commencing at a point 2,000 lineal feet north of the intersection of State Routes 96 and 332 and extending south, along both sides of State Route 332, to a point located 2,000 lineal feet south of said intersection. C. Ontario County Road 41 - commencing at a point located 1, 000 lineal feet west of the intersection of County Road 41 and Mertensia Road and on both sides of the road then extending easterly along both sides of County Road 41 to a point located 500 lineal feet east of the intersection of County Road 41 and Beaver Creek Road. D. Beaver Creek Road — commencing on the north side of the intersection of said highway with County Road 41 and extending north along both sides of Beaver Creek Road to the south side ofthe intersection of said highway with New York State Route 96. E. Canandaigua/ Farmington Town Line Road — commencing at a point located on the east side of the intersection of said highway with New Michigan Road and extending east along the north side of said highway to a point located 200 feet west of the intersection with New York State Route 332. F. Carmens Way —commencing at a point located at the west side of the intersection of said highway with Ivory Drive and extending east along both sides of Carmens Way to a point located 200 feet west of the intersection with New York State Route 332. G. Hathaway Drive - commencing at a point located at the north side of the intersection of said highway with County Road 41 and extending north along both sides of said highway to the south side of the intersection of said highway with Mercier Boulevard. H. Ivory Drive —commencing at a point located at the east side of the intersection of said highway with the Auburn Trail crossing and extending east along both sides of said highway to the intersection with Carmen Way.

3) rry

I. Mertensia Road — commencing at a point located at the north side of the intersection of said highway with Creekview Trail and extending north along both sides of said highway through the intersection with New York State Route 96 to a point located at the south side of the intersection of said highway with Collett Road West.

Article III, Putting of Objects and/ or Substances on Roadways or within public rights-of- way prohibited.

153- 7 Putting of Objects and/or Substances on Roadways or within public rights-of- way.

No person shall throw, or place upon any public highway, or within the right-of-way of any public road any bottle, glass, nail, tacks, wire, cans, snow, grass clippings, leaves, tree branches or any other substance likely to: injure any person, animal, or cause damage to any vehicle; or constrict the flow of surface drainage from the highway pavement and/ or storm water gutters serving such roadway.

Article IV, Enforcement.

153- 8 Enforcement.

When a Town employee finds any person has placed upon any highway surface, or within any highway right-of-way any destructive or injurious material or any material which interferes with the safe use of the highway including but not limited to bottles, glass, nail, tacks, wire, cans, snow, grass clippings, leaves, tree branches or any other substance shall immediately report the occurrence to the Town Highway and Parks Superintendent who will investigate and, ifvalidated, order the immediate removal of the object and/or substance from the highway surface, right-of-way, or storm water gutter. If it is determined necessary by the Town Highway and Parks Superintendent that removal and/or cleanup is to be performed by town employees and/or town equipment, the associated costs shall be billed to the responsible party. All validated complaints will then be forwarded to the Zoning Officer and/or Code Enforcement Officer accompanied by pictures and written statements from the reporting employee and/or Highway and Parks Superintendent. The Zoning Officer and/ or Code Enforcement Officer shall then log occurrences into appropriate tracking software and maintain records of all occurrences.

4) Article TV, Penalties for offenses.

153- 9 Penalties for offenses.

In addition to or as an alternative to any penalty provided herein and by law, any person who violates the provisions of this Chapter of the Code of the Town of Farmington, shall be guilty of a violation punishable by a fine not exceeding $ 500.00, or imprisonment for a period not exceed 15 days, or both, upon conviction. Each occurrence, or day of continued violation, shall constitute a separate additional violation.

Article IV, Signage.

153- 10 Signage.

Signs identifying the no parking zones herein established shall be placed on both sides of the aforementioned highways.

Section 2. If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been ordered.

Section 3. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York.

5) Complete the certification 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.), a aoai I hereby certify that the local law annexed hereto, designated as local law No. V of D320 of the Town of Farmington was duly passed by the Farmington Town Board on December 8, 2020, in accordance with the applicable provisions of law.

2. ( Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officers.)

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)( repassed after disapproval) by the and was deemed duly adopted on , 20 in accordance with 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 on 20_, and was ( approved)( not approved)( repassed after disapproval) by the on , 20 . 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 with 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)( repassed after disapproval) by the on 20 . Such local 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.

s 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 of the county legislative body, the mayor of a city or Village, or the. supervisor of a Town where such officer is vested with the power to approve or veto local laws or ordinances. 6) 5. ( City local law concerning Charter revision proposed by petition.)

as local law No. I hereby certify that the local law annexed hereto, designated of 20_ of the City of 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 20_, became city voting thereon at the ( special)( general) election held on ; operative.

6. ( County local law concerning adoption of Charter.)

designated as local law No. I hereby certify that the local law annexed hereto, of 20_ of the County of , State of New York, having been submitted to the electors at the General Election of November 20_, pursuant to subdivisions 5 and 7 of section 33 of the 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 was finally adopted in the manner indicated in paragraph 1, above.

Clerk of the Town

Seal) Date: i , add

7) 6

Certification to be executed by Town Attorney.)

STATE OF NEW YORK COUNTY OF ONTARIO

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

Title

Town of Farmington, New York

Date:

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