Traffic control signals shall be installed, maintained and operated at the intersections and locations described in Schedule A (§ 505-39).
[Added 7-27-1992 by L.L. No. 6-1992]
A.
Every person shall obey the instructions of any official
traffic control device applicable to him placed in accordance with
the provisions of the New York State Vehicle and Traffic Law, unless
otherwise directed by a traffic or police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle as
described in the New York State Vehicle and Traffic Law.
The streets or parts of streets described in Schedule B (§ 505-40) are hereby designated as one-way streets, and vehicles shall proceed along those streets only in the direction indicated.
No person shall make a turn of the kind designated (left, right, all) at any of the locations described in Schedule C (§ 505-41) during the hours indicated of any day.
[Amended 6-25-1999]
A.
Red indications. Traffic facing a steady circular red signal, unless to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event that there is no crosswalk at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersections described in § 505-39, Schedule A, and shall remain standing until an indication to proceed is shown, except as provided in Subsection B of this section.
B.
Unless a sign is in place prohibiting such turn, traffic facing a steady circular red signal may cautiously enter the intersection to make a right turn after stopping as required by Subsection A of this section. Such traffic shall yield the right-of-way to pedestrians within a marked or unmarked crosswalk at the intersection and to other traffic lawfully using the intersection. The intersections described in Schedule D[1] are designated as "no right turn on red" intersections.
The turning of vehicles so as to proceed in the opposite direction (otherwise known as a U-turn) is hereby prohibited on any of the streets or parts of streets described in Schedule E (§ 505-43).
The intersections described in Schedule F (§ 505-44) are hereby designated as stop intersections, and stop signs shall be erected as indicated.
The intersections described in Schedule G (§ 505-45) are hereby designated as yield intersections, and yield signs shall be erected as indicated.
The maximum speed at which vehicles may proceed on or along any streets or highways within the City is hereby established at 30 miles per hour, except that the speed limit for vehicles proceeding on or along those streets or parts of streets described in Schedule H (§ 505-46) shall be as indicated in said schedule.
A.
Within the school speed zones described in § 505-48, no person shall operate any motor vehicle in excess of the speed indicated on any school day between the hours of 7:00 a.m. and 6:00 p.m.
[Amended 4-26-1982 by L.L. No. 4-1982]
B.
Said school speed zones shall include that portion
of the highway which is sign-posted to designate such 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.
[Amended 1-28-2013 by L.L. No. 1-2013]
A.
Limitations on certain vehicles.
(1)
Except as expressly permitted by the United States or the New York
State Department of Transportation, and except as otherwise expressly
permitted herein, or where the requirement for local delivery will
permit no alternate legal route, no person shall operate or move or
cause or knowingly permit to be operated or moved on any public street
in the City of Port Jervis any vehicle or combination of vehicles
of a size or weight exceeding the limitations provided for in this
section.
(2)
No person shall operate or move, or cause or knowingly permit to be operated or moved, on any public street in the City of Port Jervis, an auto, truck, agricultural truck or light delivery car registered in this state or any other state, province or nation having a combined weight of vehicle and load in excess of the maximum gross weight for such vehicle as stated on the application for registration. Such maximum gross weight cannot be more than 13 tons. Violations and penalties shall be set forth in § 505-19Q.
B.
Width.
(1)
The width of a vehicle, inclusive of load, shall be not more than
96 inches, plus safety devices, on any public street in the City of
Port Jervis.
C.
The height of a vehicle from the underside of tire to the top of
the vehicle, inclusive of load, shall be not more than 13 1/2
feet. Any damage to highways, bridges or highway structures resulting
from the use of a vehicle exceeding 13 feet in height where such excess
height is the proximate cause of the accident 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 1/2 feet.
(3)
The length of buses having a carrying capacity of more than seven
passengers shall not exceed 45 feet, except that the length of articulated
buses shall not exceed 62 feet.
(4)
When a vehicle has a crane, boom or other similar device attached
or is loaded with any material, and such crane, boom, device or material
extends four feet or more beyond the front or rear of such vehicle,
such vehicle shall be provided with a red flag not less than 24 inches
square by day and a red light visible from the rear and an amber light
visible from the front for a distance of at least 500 feet by night
on the extreme end of the extending portion of such crane, boom, device
or material.
(5)
The provisions of this subsection shall not apply to fire vehicles.
(6)
It shall be unlawful for any owner to permit the operation of, or
for any person to drive or operate, a vehicle in excess of 40 feet
or 13 tons, along, over or through a public street or highway in the
City of Port Jervis, unless said public street or highway is designated
as a street or highway adequate to handle vehicles exceeding the length
or weight as designated in this subsection.
(7)
The following public streets or highways in the City of Port Jervis
are designated as capable of handling vehicles in excess of 40 feet
or 13 tons:
(8)
All trucks, tractors and tractor-trailer combinations in excess of five tons gross weight are hereby excluded from the streets or parts of streets described in Schedule K (§ 505-49).
(9)
Subsection D(6), (7), and (8) shall not apply to nor shall they affect vehicles that are then being used for local delivery and/or pickup of merchandise or property, and shall not apply to municipal vehicles, or to official school buses that are then being used strictly for the pickup and discharge of students.
E.
Additional restriction 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)
(a)
Vehicles of a corporation which are subject to the jurisdiction
of the Interstate Commerce Commission, the Public Service Commission
or other regulatory body and are used in the construction, reconstruction,
repair or maintenance of its property or facilities, provided that
any such vehicle complies with the safety requirements of the laws
and regulations of the United States and of New York State pertaining
to over-length vehicles.
(b)
Vehicles hauling poles, girders, columns or other similar objects
of excess length, provided that any such vehicle complies with the
safety requirements of the laws and regulations of the United States
and of New York State pertaining to such over-length vehicles.
(c)
Fire vehicles.
(d)
Any vehicle or combination of vehicles which is disabled and
unable to proceed under its own power and is being towed for a distance
not in excess of 10 miles for the purpose of repairs or removal from
the highway.
F.
In determining the number of wheels and axles on any 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 the widths
of all the tires on a wheel or combination of wheels shall be taken
in determining tire width.
G.
Subject to the provisions of the section of this chapter 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 be not more than 800 pounds.
H.
Subject to the provisions of the section of this chapter governing
maximum vehicle gross weights, the weight on any one wheel of a single
vehicle or a combination of vehicles equipped with pneumatic tires,
when loaded, shall be not more than 11,200 pounds.
I.
Subject to the provisions of the section of this chapter governing
maximum vehicle gross weights, the weight on any one axle of a single
vehicle equipped with pneumatic tires, when loaded, shall be not more
than 22,400 pounds.
J.
Subject to the provisions of the section of this chapter governing maximum vehicle gross weights, the weight on 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 be not more than 36,000 pounds, except that where axles are spaced eight feet 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 the section of this chapter governing maximum vehicle gross weights, a single vehicle, or a 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 of the rearmost axle. 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 vehicles or combination of vehicles having a total gross weight 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, 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 of the rearmost
axle; or
(2)
Weight formula.
(a)
The overall gross weight on a group of two or more consecutive
axles shall not exceed the weight produced by the application of the
following formula, except that 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.
|
W
|
=
|
500 [(LxN)/(N-1) + (12xN)+36]
| |
|
Where W
|
=
|
The overall gross weight on any group of two or more consecutive
axles to the nearest 500 pounds
| |
|
L
|
=
|
The 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
|
(b)
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 the subsection of this section governing maximum vehicle gross weights.
L.
No vehicle shall be operated on the public streets or highways of
the City of Port Jervis 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 or move a vehicle or a combination of vehicles
over, on or through any bridge or structure on any highway if the
weight of such vehicle, or combination of vehicles, and load, is greater
than the posted capacity of the structure or exceeds the height of
the posted clearance as shown by 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 vehicle, 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 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, to the address of the registrant on file with the Department
of Motor Vehicles of the state in which the vehicle is registered,
within five days after the date of issuance of the appearance ticket
or summons, but at least five days before the return date specified
on the appearance ticket or summons. Proof of mailing to the registrant
under this subsection shall be filed with the court in which the appearance
ticket or summons is returnable on or before the return date. 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 leasing or
rental of motor vehicles or trailers unless the lease or rental of
motor vehicles or trailers 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 or
prosecuting police officer, upon reviewing the available evidence,
determines that the charge of a violation of this section is not warranted,
he or she 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 for offenses.
(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; and in both cases plus 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 limitation as set forth in any of these sections, or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether or not 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 (which fines shall be in addition to the fines as prescribed in Subsection Q(1) of this section):
|
Excess Total Weight1
(pounds)
|
Excess Total Weight
(pounds)
| ||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal To
|
Amount of Fine
| |
|
0
|
2,000
|
$50
| |
|
2,000
|
3,000
|
$75
| |
|
3,000
|
4,000
|
$100
| |
|
4,000
|
5,000
|
$200
| |
|
5,000
|
6,000
|
$300
| |
|
6,000
|
7,000
|
$400
| |
|
7,000
|
8,000
|
$500
| |
|
8,000
|
9,000
|
$600
| |
|
9,000
|
10,000
|
$700
| |
|
10,000
|
15,000
|
$1,200
| |
|
15,000
|
20,000
|
$1,700
| |
|
20,000
|
25,000
|
$2,200
| |
|
25,000
|
30,000
|
$2,700
| |
|
Greater than 30,000
|
$2,700, plus $0.06/pound2
|
|
NOTES:
| ||
|---|---|---|
|
1 Where the excess total weight is
greater than 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 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 The $0.06 per pound in addition
to the $2,700 is for each pound greater than 30,000 pounds.
| ||
(3)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether or not 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 (which fines shall be in addition to the fines as prescribed in Subsection Q(1) of this section):
|
Percentage of Excess Weight Greater Than1
|
Percentage of Excess Weight Less Than or Equal To
|
Amount of Fine
| |
|---|---|---|---|
|
0%
|
5.0%
|
$100
| |
|
5.0%
|
10.0%
|
$200
| |
|
10.0%
|
15.0%
|
$350
| |
|
15.0%
|
20.0%
|
$600
| |
|
20.0%
|
25.0%
|
$1,000
| |
|
25.0%
|
30.0%
|
$1,600
| |
|
30.0%
|
$2,450
|
|
NOTE:
| ||
|---|---|---|
|
1 Where the excess axle or axles'
weight is greater than the limits specified by a permit issued by
the United States or New York State Department of Transportation,
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.
| ||
(4)
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 of 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.
(5)
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.
(6)
All fines collected as a result of the above schedule shall remain
the property of the City of Port Jervis.
R.
Federal motor carrier safety regulations.
(1)
No person shall operate or move or cause or knowingly permit to be
operated or moved, on any public street in the City of Port Jervis,
any vehicle in violation of Federal Motor Carrier Safety Regulations,
Parts 40, 382, 383 and 390 through 397.
(2)
Penalties for offenses. A violation of this subsection shall be penalized as set forth in § 505-19Q(1) and (2).
(3)
All fines collected as a result of a violation of this subsection
of the Code shall remain the property of the City of Port Jervis.
Lanes are hereby designated upon the streets or parts of streets described in Schedule L (§ 505-50), to be used exclusively as indicated (left turn, right turn, through traffic, etc.) in said schedule.
The streets or parts of streets described in Schedule M (§ 505-51) are hereby designated as no-passing zones in which markings shall indicate that overtaking and passing or driving to the left of or crossing such markings would be especially hazardous.
Every person operating a motor vehicle upon
public streets shall drive such vehicle in a careful and prudent manner
so as not to endanger the property of another or the life or limb
of any person.
