Riverhead considers overnight ban on commercial vehicles parked on residential streets

Riverhead officials are considering a new parking restriction that would prohibit commercial vehicles and trailers from being parked overnight on residential streets, a proposal town officials said is intended to address complaints about work vehicles being stored in residential neighborhoods.

The draft amendment to Chapter 289 of the Riverhead Town Code, discussed at Thursday’s Town Board work session, would bar commercial vehicles and commercial trailers from being “parked, stopped, or left standing” on town highways, streets or roadways in residential zoning districts between 8 p.m. and 6 a.m. It makes an exception for vehicles actively engaged in emergency operations, utility work, municipal operations or other activities authorized by permit.

Council Member Joann Waski introduced the proposal, describing it as part of her “ongoing effort and promise to try to tackle bringing back our neighborhoods to happy environment[s], looking nice and getting rid of some of the blight throughout the town.” 

Waski said  she asked Deputy Town Attorney Victoria Pilo to  work with her
“on the commercial vehicles, the vans that are coming home after work and are parked out on the streets.” Councilwoman Denise Merrifield worked on this as well, Waski said.  “I think that we came up with something great,” she said.

The draft was not finalized at the work session and no public hearing has been scheduled. Deputy Town Attorney Victoria Pilo said the language still needs additional review, including how the town would define commercial vehicles and how the restriction would be enforced.

Pilo said neighboring towns have regulations limiting commercial vehicles in residential areas, including rules allowing only one commercial vehicle in a residential driveway. 

A search of the codes of Riverhead’s three neighboring towns shows they regulate residential parking and vehicle storage in different ways. Southampton prohibits all vehicles from parking on streets or highways in residential districts between 1 and 6 a.m. Southold limits commercial vehicles parked in residential driveways. Brookhaven does not appear to have a broad overnight street-parking ban for commercial vehicles, but its code restricts front-yard parking and the amount of front-yard area that may be used for driveways or parking.

Riverhead’s proposal, as drafted, would take a different approach, after discussions about local conditions and the possibility that some residents may have more than one work vehicle, Pilo said.

The draft defines a “commercial vehicle” as any vehicle registered with the New York State Department of Motor Vehicles as a commercial vehicle, or any vehicle primarily used to transport property, materials, tools, equipment, merchandise or passengers in connection with a business, trade, profession, occupation or commercial enterprise.

A “commercial trailer” would include a trailer, semitrailer, utility trailer, cargo trailer, landscape trailer, equipment trailer, contractor trailer or similar vehicle designed, maintained or primarily used in connection with a business, trade, profession or commercial enterprise.

The proposed language raised questions among board members about whether the definition could sweep in vehicles owned by residents for private use.

Council Member Ken Rothwell said many residents own large pickup trucks that may be registered commercially because of their size or weight, even though they are used to tow campers, horse trailers, boats or other recreational equipment. Rothwell said he did not want the law to unintentionally apply to residents who own large pickups but are not using them as business vehicles.

Pilo said the definition could be refined and suggested the town may need to focus less on DMV registration and more on whether a vehicle is actually being used in connection with a business, trade or profession.

Pilo also said enforcement presents practical questions. If the prohibition applies to all residential zoning districts, a police officer responding to an overnight parking complaint may not know whether a particular street or parcel is in a residential zoning district, she said. Code enforcement officers are more familiar with zoning districts, but they are not typically patrolling streets overnight.

One alternative discussed was identifying specific roads where overnight commercial-vehicle parking would be prohibited, similar to other parking restrictions listed in the town code. Pilo said that approach could allow the town to begin with roads that generate the most complaints or present the greatest safety concerns, then add others later if needed.

Town officials also discussed the relationship between commercial-vehicle parking, front-yard parking and residential overcrowding concerns.

Council Member Denise Merrifield said the town is already dealing with situations where residents pave or cover large portions of front yards to create parking areas. 

“We’re seeing some people are turning half their front yard into their parking,  and saying, ‘well, I’m not on the lawn’… But two-thirds of your entire front yard is now paved,” Merrifield said. 

Pilo said the town has been issuing tickets for front-yard parking violations.

The proposal follows other town efforts to regulate parking and vehicle storage in residential areas.

In November 2022, the Town Board unanimously adopted a code amendment prohibiting the parking, placement or storage of vehicles — including boats, trailers, recreational vehicles and campers — in non-driveway areas of the front yards of one-, two- and multifamily dwellings. The law made parking vehicles in non-driveway areas of a front yard a violation of town code, punishable by a fine of not less than $500.

MORE COVERAGE: Parking and storage of vehicles, boats, trailers and campers in front yards of homes, except on driveways, now punishable by $500 fine (Nov. 20, 2022)

The 2022 law states that its purpose is to maintain the visual quality of residential properties and subdivisions, preserve property values, protect neighborhood character and safeguard quality of life.

The Town Board later adopted rental-code amendments in October 2024 aimed at combating overcrowded houses. Those amendments restricted the number of commercial vehicles that may be parked in driveways on rental properties and established other driveway requirements for rental properties.

MORE COVERAGE: Riverhead adopts revisions to its rental code aimed at combatting overcrowded houses (Oct. 2, 2024)

A prior, code revision proposal in 2021 that would have limited commercial vehicles in residential driveways, among other things, drew fire from fair-housing and immigrant-advocacy groups, warned the regulations could have a disparate impact on immigrants, multigenerational households and other protected groups.

MORE COVERAGE: Opponents blast Riverhead’s proposed housing code changes as discriminatory against immigrants (Aug. 19, 2021)

The new proposal discussed last week would go beyond front yards, driveways and rental properties by restricting commercial vehicles and trailers parked overnight on residential streets.

Pilo said the 8 p.m. to 6 a.m. window was intended to distinguish overnight storage from vehicles being used for active work. Contractors and other commercial vehicles may be present at homes during the day for construction, repairs, landscaping or other work, she said.

The draft does not yet specify particular streets, nor does it appear to include a permit process beyond the general exception for activities authorized by permit.

Pilo said she would continue working with police, code enforcement and the Town Board on the definitions and enforcement structure before any legislation moves forward.