[HISTORY: Adopted by the Town Board of the Town of Schodack: Art. I, 4-11-1996 as L.L. No. 3-1996. Amendments noted where applicable.]
[Adopted 4-11-1996 as L.L. No. 3-1996]
The purpose of this Article is to adopt a weight limitation for vehicles on certain town highways of the Town of Schodack in order to prevent such highways from being materially injured by the operation of overweight vehicles thereon and in order to maintain such highways properly for the benefit of those local residents who reside thereon and/or who utilize such town highways for travel to and from their residences.
The Town Board of the Town of Schodack does hereby enact and provide that it shall be unlawful for any vehicle (as defined by the Vehicle and Traffic Law) with a weight exceeding the tons specified herein to be operated over any portion of those town highways as are designated in § 210-3 below except for delivery or pickup for a location on said highways.
The following town highway(s) or portions of town highway(s) are those highways from which vehicles with an empty weight of over 10 or more tons are excluded:
The weight or empty weight listed on the vehicle's registration shall be used to determine whether a vehicle is over weight for this Article.
Upon written application by any operator of a vehicle subject to this Article, the Town Clerk with approval of the Chief of Police and Superintendent of Highways may issue a permit providing appropriate exemption to an overweight vehicle for a single trip to be conducted within one week of said permit's issuance.
Upon written application by any operator of a vehicle subject to this Article, the Town Board may also issue a permit providing appropriate exemption to an overweight vehicle if it is deemed that the operator of such vehicle resides on a town highway which is subject to this Article and it is necessary for such applicant to utilize said town highway for travel to and from his residence or for any public purpose deemed to be in the public interest.
Any such permits issued herein by the Town Board shall be effective through December 31 of the year of issuance or for such other period as determined by the Board; provided, however, that such permit will no longer be effective if the facts and circumstances upon which the written application was issued have changed; and in which case, the Town Board, after hearing may revoke any permit so issued. Application for renewal of such permit shall be made to the Town Board between December 1 and December 31 for the following year.
Every permit issued under this section by the Town Clerk or the Town Board shall designate the route to be traversed and contain other reasonable and necessary restrictions or conditions. Every such permit shall be carried on the vehicle to which it refers and shall be open to inspection by any peace officer acting pursuant to his special duties or any police officer.
The Town Board shall set the appropriate fees for all permits and renewals.
Any person who operates a vehicle with a weight in excess of the above-referenced number of tons on any town highway designated herein in violation of this Article shall be guilty of a violation and shall be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both.
This Article shall not apply to any fire or emergency vehicles, farm vehicles, school buses owned by or under contract to a school district or school approved by the State Department of Education and to local delivery traffic.
This Article shall take effect upon the erection of weight limit signs on the highways or sections of highways from which overweight vehicles are excluded and the publication of notice in the town newspaper that such vehicles are excluded.