[Amended 5-21-2012 by L.L. No. 3-2012]
Traffic control signals shall be installed, maintained and operated
at the intersections and locations described in the Book of Resolutions.
[Amended 5-21-2012 by L.L. No. 3-2012]
The streets or parts of streets described in the Book of Resolutions
are hereby designated as one-way streets, and vehicles shall proceed
only in the direction indicated.
[Amended 5-6-1985 by L.L. No. 5-1985; 8-14-2006 by L.L. No.
10-2006; 8-20-2007 by L.L. No. 12-2007; 1-26-2009 by L.L. No.
1-2009]
A.
Except as expressly permitted by federal law, New
York State Vehicle and Traffic Law, or the regulations of the New
York State Department of Transportation or by special permit granted
by the Village Board, and except where the requirement for local delivery
will permit no alternative route, no person shall operate or move
or cause or knowingly permit to be operated or moved on any of the
following public streets in the Village of Lynbrook any vehicle or
combination of vehicles exceeding the weight of 8,000 pounds gross
vehicular weight (GVW) where posted with official traffic regulation
signs:
(1)
Northbound on Nieman Avenue from Merrick Road.
(2)
Northbound on Blossom Health from Merrick Road.
(3)
Southbound on John Street from Merrick Road.
(4)
Northbound on Curtis Place from Merrick Road.
(5)
Northbound on Taft Avenue from Merrick Road.
(6)
Southbound on Wright Avenue from Merrick Road ("No
Trucks" sign).
(7)
Northbound on Marshall Avenue from Merrick Road.
(8)
Eastbound on Vine Street from Dawes Avenue.
(9)
Eastbound on Sherman Street from Marshall Avenue to
Hempstead Avenue.
(10)
Westbound on Lyon Place from Peninsula Boulevard.
(11)
Eastbound on Stauderman Avenue from Broadway
to Forest Avenue.
(12)
Northbound on Atlantic Avenue from Sunrise Highway.
(13)
Southbound on Rocklyn Avenue from Sunrise Highway.
(14)
Southbound on Ocean Avenue from Sunrise Highway.
(15)
Eastbound on Merton Avenue from Ocean Avenue.
(16)
Eastbound on Garfield Place from Rocklyn Avenue
to Village line.
(17)
Northbound on Forest Avenue from Village line
to Sunrise Highway.
(18)
Westbound on Glenwood Road from Union Avenue.
(19)
Eastbound on Scranton Avenue to Village line
from Union Avenue.
(20)
Eastbound on Scranton Avenue across Broadway
to Union Avenue.
(21)
Westbound on Union Place from Union Avenue.
(22)
Eastbound on Spencer Avenue from Union Avenue.
(23)
Westbound on Raymond Avenue from Atlantic Avenue.
(24)
Westbound on Scranton Avenue from Peninsula
Boulevard.
(25)
Eastbound on Lenox Avenue from Broadway.
(26)
Westbound on Everett Street from Broadway.
(27)
Eastbound on Scranton Avenue from Broadway.
(28)
Eastbound on Duryea Place from Broadway.
(29)
Northbound on Earle Avenue from Peninsula Boulevard.
(30)
Northbound on Vincent Avenue from Peninsula
Boulevard.
(31)
Northbound on Denton Avenue from Peninsula Boulevard.
("No Trucks" sign).
(32)
Westbound on Driving Park Avenue from Ocean
Avenue.
(33)
Eastbound and westbound on Lakeview Avenue from
Hempstead Avenue to Ocean Avenue.
(34)
Northbound on Vincent Avenue to Hart Street
from Lakeview Avenue.
(35)
Eastbound and westbound on Hendrickson Avenue
from Hempstead Avenue to Horton Avenue.
(36)
Southbound on North Rockaway Avenue from Hendrickson
Avenue.
(37)
Northbound on Carol Court from Hendrickson Avenue.
(38)
Northbound on Fenimore Street from Hendrickson
Avenue.
(39)
Northbound on Webster Street from Hendrickson
Avenue.
(40)
Northbound on Hawthorne Avenue from Hendrickson
Avenue.
(41)
Northbound on Winthrop Street from Hendrickson
Avenue.
(42)
Southbound on Marshall Avenue from Hendrickson
Avenue.
(43)
Eastbound and westbound on Whitehall Street.
(44)
Southbound on Grand Avenue from Whitehall Street.
(45)
Southbound on Holmes Place from Whitehall Street.
(46)
Westbound on Central Avenue from Hempstead Avenue.
(47)
Westbound on Davison Avenue from Hempstead Avenue.
(48)
Westbound on Smith Street from Hempstead Avenue.
(49)
Westbound on Sherman Street from Hempstead Avenue.
(50)
East and west on Walnut Street from Hempstead
Avenue.
(51)
Westbound on Noble Street from Hempstead Avenue.
(52)
Northbound on Dawes Avenue from Merrick Road.
(53)
Northbound and southbound on Bixley Heath.
B.
Width. The width of a vehicle, inclusive of load,
shall not be more than 96 inches, plus safety devices, on any Village
road.
C.
Height.
(1)
The height of a vehicle from the underside of tire
to the top of the vehicle, inclusive of load, shall be no more than
13 1/2 feet.
(2)
Any damages to highways, overpasses or highway structures
resulting from the use of a vehicle exceeding 13 1/2 feet in
height where such excess height is the proximate cause of the damage
shall be compensated for by the owner and operator of such vehicle.
D.
Length.
(1)
The length of a single vehicle, inclusive of load
and bumpers, shall not be more than 40 feet unless otherwise provided
in this subsection.
(2)
The length of a semitrailer or trailer shall not exceed
48 feet, except as provided in this subsection; provided, however,
that the length of any trailer or semitrailer being operated in combination
with another trailer or semitrailer shall not exceed 28 feet.
(3)
The length of a bus having a carrying capacity of
more than seven passengers shall not exceed 45 feet, except that the
length of an articulated bus shall not exceed 62 feet.
(4)
The provisions of this subsection shall not apply
to fire vehicles.
(5)
Any semitrailer with a length not to exceed 48 feet
may be operated on any Village highway, provided that the total length
of a combination of vehicles, including such a semitrailer, does not
exceed 60 feet.
E.
Additional restrictions on length; exceptions.
(1)
The total length of a combination of vehicles, inclusive
of load and bumpers, shall not be more than 65 feet.
(2)
The provisions of Subsection E(1) of this section shall not apply to:
(a)
Vehicles of a corporation which is subject to
the jurisdiction of the Interstate Commerce Commission, the Public
Service Commission or other regulatory body, which are used in the
construction, reconstruction, repair or maintenance of its property
or facilities, provided that the length of such vehicles are regulated
by and comply with the safety requirements of the applicable federal
or New York State laws and regulations.
(b)
Vehicles hauling poles, girders, columns or
other similar objects of excess length, provided such vehicles comply
with the safety requirements of applicable federal or New York State
Law and regulations.
(c)
Fire vehicles.
(d)
State and/or municipally owned vehicles engaged
in snow plowing, ice clearing or other emergency-type operations.
F.
In determining the number of wheels and axles in the
vehicle or combination of vehicles within the meaning of this section,
only two wheels shall be counted for each axle, and axles which are
less than 46 inches apart from center to center shall be counted as
one axle. However, in the case of multiple tires or multiple wheels,
the sum of widths of all the tires on a wheel or combination of wheels
shall be taken in determining the width.
G.
Subject to the provisions of this section governing
maximum vehicle gross weights, the weight, per inch width of tire,
on any one wheel of a single vehicle or a combination of vehicles
equipped with pneumatic tires, when loaded, shall not be more than
800 pounds.
H.
Subject to the provisions of this section governing
maximum vehicle gross weights, the weight on any one wheel of a single
vehicle with pneumatic tires, when loaded, shall not be more than
11,200 pounds.
I.
Subject to the provisions of this section governing
maximum vehicle gross weights, the weight on any one axle of a single
vehicle equipped with pneumatic tires, when loaded, shall not be more
than 22,400 pounds.
J.
Subject to the provisions of this section governing maximum vehicle gross weights, the weight of any two consecutive axles of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall not be more than 36,000 pounds, except that, where axles are spaced eight feet apart or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection K(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles shall be counted as provided in Subsection F of this section.
K.
Subject to the provisions of this section governing maximum vehicle gross weights, a single vehicle, or combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center or the rearmost axles. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicle or combination of vehicles having a total gross vehicle less than 71,000 pounds, the higher of the following shall apply:
(1)
The total weight on all axles shall not exceed 34,000
pounds for each foot and major fraction of a foot of the distance
from the center of the foremost axle to the center of the rearmost
axle; or
(2)
The overall weight on a group of two or more consecutive
axles shall not exceed the weight produced by application of the following
formula:
|
W = 500 ((LxN) / (N-1) + (12xN) + 36)
| ||
|
Where:
| ||
|
W
|
=
|
Overall gross weight on any group of two or
more consecutive axles, to the nearest 500 pounds
|
|
L
|
=
|
Distance in feet from the center of the foremost
axle to the center of the rearmost axle of any group of two or more
consecutive axles
|
|
N
|
=
|
The number of axles in the group under consideration,
except that the two consecutive sets of tandem axles may carry a gross
load not to exceed 34,000 pounds, provided that the overall distance
between the first and last axles of such consecutive sets of tandem
axles is 36 feet or more
|
|
For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, this Subsection K(2) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of this section governing maximum gross weights
| ||
L.
No vehicle shall be operated on the public streets
of the Village of Lynbrook other than on pneumatic tires.
M.
For the purpose of this section, the width of pneumatic
tires shall be ascertained by measuring the greatest width of the
tire casing when the tire is inflated.
N.
No person shall operate nor shall any owner permit
the operation or movement of a vehicle or any combination of vehicles
over, or through, any highway if the weight of such vehicle, or combination
of vehicle and load, is greater than the posted weight or exceeds
the height of the posted clearance as shown on an official sign.
O.
If a vehicle or combination of vehicles is operated
in violation of this section, an appearance ticket or summons may
be issued to the registrant of the vehicle or, if a combination of
vehicles, to the registrant of the hauling vehicles, rather than the
operator. In the event that the vehicle is operated by a person other
than the registrant, any appearance ticket or summons issued to the
registrant shall be served upon the operator, who shall be deemed
the agent of the registrant only for the purpose of receiving such
appearance ticket or summons. In addition, a notice containing all
pertinent information relating to the charge which is contained on
the summons or appearance ticket shall be mailed by or on behalf of
the person who issued the appearance ticket or summons to the registrant
of said vehicle or trailer on file with the Department of Motor Vehicles
of said state no less than five days before the return date specified
on the appearance ticket or summons. Proof of mailing to the registrant
under this section shall be filed with the court in which the appearance
ticket or summons is returnable on or before the return date. A failure
of a corporate registrant to appear or answer upon arraignment or
trial shall constitute a default which shall result in the entry of
a civil judgment in an amount corresponding to the amount of fine
for a violation of this section. The provisions of this subsection
shall not apply to owner-operators of any motor vehicle or to any
motor vehicle or trailer which is registered in the name of a person
whose principal business is the lease or rental of motor vehicles
or trailers, unless the motor vehicle or trailer is being operated
by an employee of the registrant or for a community of interest other
than the lease or rental agreement between the parties to the lease
or rental agreement.
P.
In any case wherein the charge laid before the court
alleges a violation of this section, any plea of guilty thereafter
entered in satisfaction of such charge must include at least a plea
of guilty to a violation of one of the subsections of this section.
No other disposition by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, that if the prosecuting
attorney, upon reviewing the available evidence, determines that the
charge of a violation of this section is not warranted, he may consent,
and the court may allow, a disposition by plea of guilty to that or
another charge in satisfaction of such charge; provided, however,
that the court must impose at least the minimum fine, as authorized
in this section, for the offense.
Q.
Violations and penalties.
(1)
A violation of the provisions of this section shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the first offense; by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment for the second or subsequent offense; plus, in both cases, the fine provided in Subsection Q(2) of this section.
(2)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations set forth in any of these sections or the weight limitations specified by a permit issued by the United States Department of Transportation or the New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule [in addition to the fines as prescribed in Subsection Q(1) of this section:]
|
Excess Total Weight
Percent of Excess Weight
| ||
|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Amount of Fine
|
|
0%
|
2.0%
|
$150
|
|
2.0%
|
4.0%
|
$300
|
|
4.0%
|
6.0%
|
$450
|
|
6.0%
|
7.0%
|
$525
|
|
7.0%
|
8.0%
|
$600
|
|
8.0%
|
10.0%
|
$750
|
|
10.0%
|
12.0%
|
$950
|
|
12.0%
|
14.0%
|
$1,150
|
|
14.0%
|
16.0%
|
$1,350
|
|
16.0%
|
18.0%
|
$1,550
|
|
18.0%
|
20.0%
|
$1,750
|
|
20.0%
|
22.0%
|
$1,950
|
|
22.0%
|
24.0%
|
$2,150
|
|
24.0%
|
26.0%
|
$2,350
|
|
26.0%
|
28.0%
|
$2,550
|
|
28.0%
|
30.0%
|
$2,750
|
|
30.0%
|
32.0%
|
$2,950
|
|
32.0%
|
34.0%
|
$3,150
|
|
34.0%
|
36.0%
|
$3,350
|
|
36.0%
|
38.0%
|
$3,550
|
|
38.0%
|
40.0%
|
$3,750
|
|
40.0% or greater
|
$3,750 plus $125 for each percent over 40%
| |
|
NOTES:
|
|---|
|
1Where the total
weight or axle weight or axle grouping weight is greater than 7% including
enforcement scale tolerance in excess of the limits specified by a
United States or New York State Department of Transportation excess
weight permit, the permit shall, for the purposes of computing the
fine, be deemed void, and the amount of the fine shall be determined
in accordance with the maximum weight which would have been in effect
for the operation of such vehicle if the permit to exceed such maximum
weight had not been issued.
|
|
2 In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection K and also Subsection I or J or both Subsections I and J of this section, there shall be a single fine imposed, and the maximum amount of such fine shall not exceed the highest fine that could be imposed under this section.
|
|
3 The court may impose
any sentence authorized by this section; provided, however, that any
such sentence must include a fine as provided in this section.
|
|
4 All fines collected
as a result of the above schedule shall remain the property of the
Village of Lynbrook.
|
R.
Service of summons. If a vehicle or combination of
vehicles is operated in violation of this section, an appearance ticket
or summons may be issued to the registrant of the vehicle or, if a
combination of vehicles, to the registrant of the hauling vehicle
rather than the operator. In the event the vehicle is operated by
a person other than the registrant, any appearance ticket or summons
issued to the registrant shall be served upon the operator, who shall
be deemed the agent of the registrant for the purpose of receiving
such appearance ticket or summons. Such operator-agent shall transmit
such ticket or summons to the registrant of the vehicle or hauling
vehicle. If the registrant does not appear on the return date, a notice
establishing a new return date accompanied by a copy of the summons
or appearance ticket shall also be mailed by certified mail by the
court to the registrant at the address given on the registration certificate
for the vehicle or, if no registration certificate is produced at
the time the appearance ticket or summons is issued, the address of
the registrant on file with the Department of Motor Vehicles or given
to the police officer issuing the appearance ticket or summons. Whenever
proceedings in court result in a conviction for a violation of this
section, and the court has made the mailing specified herein, the
court shall levy a mandatory surcharge in addition to any sentence
permitted by law in the amount of $30. This mandatory surcharge shall
be paid to the Clerk of the Court. The provisions of this subsection
shall not apply to owner- operators of any motor vehicle which is
registered in the name of a person whose principal business is the
lease or rental of motor vehicles or trailers unless the motor vehicle
or trailer is being operated by an employee of the registrant.
[Added 6-18-2007 by L.L. No. 7-2007]
A.
No person shall operate, cause or knowingly permit
or be permitted or moved on any public street in the Village of Lynbrook
any motor vehicle in violation of Federal Motor Carrier Safety Regulations
Parts 393 through 397, inclusive.
B.
Penalties for offenses. A violation of this section
shall be punishable by a fine of not less than $200 nor more than
$500 or by imprisonment for not more than 15 days, or by both such
fine and imprisonment. In the event the violation of this section
is one which requires, pursuant to applicable regulations, that the
motor vehicle be taken out of service, then the fine shall be not
less than $500 nor more than $1,000, or by imprisonment by not more
than 30 days, or by both such fine and imprisonment.
C.
The court may impose any sentence authorized by this
section; provided however, that any such sentence must include a fine
as provided in this section.
D.
All fines collected as a result of the above sections
shall remain the property of the Village of Lynbrook.
[Amended 5-21-2012 by L.L. No. 3-2012]
No person shall make a turn of the kind designated (left, right,
all) at any of the locations described in the Book of Resolutions.
[Amended 5-21-2012 by L.L. No. 3-2012]
The turning of vehicles so as to proceed in the opposite direction
(otherwise known as U-turn) is hereby prohibited on any of the streets
or parts of streets described in the Book of Resolutions.
[Amended 5-21-2012 by L.L. No. 3-2012]
In accordance with the provisions of § 1111(d)(2)
of the Vehicle and Traffic Law, no person shall make a right turn
on a steady red signal at the locations designated in the Book of
Resolutions.
[Amended 5-21-2012 by L.L. No. 3-2012]
The streets or parts of streets described in the Book of Resolutions
are hereby designated as through streets, and stop signs shall be
erected at entrances thereto as indicated.
[Amended 5-21-2012 by L.L. No. 3-2012]
The intersections describe in the Book of Resolutions are hereby
designated as stop intersections, and stop signs shall be erected
as indicated.
[Amended 5-21-2012 by L.L. No. 3-2012]
The intersections describe in the Book of Resolutions are hereby
designated as school stop intersections, and traffic shall stop as
indicated at such times as "full stop-school crossing" signs are displayed.
[Amended 5-21-2012 by L.L. No. 3-2012]
The intersections described in the Book of Resolutions are hereby
designated as yield intersections, and yield signs shall be erected
as indicated.
[Amended 9-18-2000 by L.L. No. 3-2000]
B.
No person shall drive a motor vehicle on Sunrise Highway
between Earle Avenue and Ocean Avenue and on Sunrise Highway between
Peninsula Boulevard and Horton Avenue in excess of 40 miles per hour.
C.
No person shall drive a motor vehicle on Atlantic
Avenue between Merrick Road and Sunrise Highway and on Stauderman
Avenue between Broadway and Forest Avenue in excess of 25 miles per
hour.
A.
No person shall operate any motor vehicle in excess
of 15 miles per hour within a school speed zone during the school
noon hour, school recess or while children are going to and from school
during school hours when such limit and zone are properly sign-posted
as directed by the Village Board.
B.
Said school speed zones shall include that portion
of the highway which is sign-posted to designate said zone as such
and that portion of the highway adjacent to a school building and
extending not more than 300 feet along such highway in either direction
from the building line of a school abutting on such highway.
[Added 11-18-1996 by L.L. No. 9-1996]
It shall be unlawful to operate, on any highway
or public area in the village, a truck or trailer being utilized for
the transportation of any loose substances unless said truck or trailer
is so arranged as to prevent the falling or spillage of such loose
substances therefrom. The fact of a falling or spillage of any loose
substance from a truck or trailer shall constitute presumptive evidence
of a violation of this section.
[Added 11-21-2011 by L.L. No. 14-2011]
It shall be unlawful for a person who is operating a motor vehicle
to discharge or accept passengers when the vehicle is stopped on the
main traveled portion of the roadway at a stop sign or red traffic
light or stopped for any other reason, unless such person(s) has a
need to exit or enter the vehicle due to some type of life-threatening
situation or at the direction of a police officer or firefighter.
[Added 5-21-2012 by L.L. No. 5-2012]
It shall be unlawful for the operator of a motor vehicle to
sound the horn of that vehicle except where necessary to prevent an
accident.
