[Adopted 9-12-1989 by L.L. No. 4-1989]
It is the aim of the Town Board of the Town
of Stony Point to promote the public health, welfare and safety of
its residents by:
A.
Regulating the use and operation of motor vehicles
upon the streets, highways and public places accessory to or connected
with industrial, commercial, professional, educational and recreational
facilities and other services or facilities accessible to the public
in the unincorporated portions of the town.
B.
Regulating the construction, reconstruction, management
and maintenance of open areas, avenues of access or parking spaces
for motor vehicles at the foregoing or similar uses and activities.
C.
Designating fire lanes and/or fire zones in shopping
centers, commuter parking lots and on private roadways and streets.
D.
Regulating the use and operation of motor vehicles
in shopping centers, commuter parking lots and private roadways and
streets.
E.
Disposing of unattended and abandoned motor vehicles
in fire lanes or other public areas or zones duly marked restricted
by the Police Department or on any other public road or public area
similarly restricted during periods of public emergency by a Town
of Stony Point agency in the interest of safety or during the winter
season where the same impedes or interferes with snow removal or safe
motor vehicle traffic.
F.
Regulating the operation of any vehicle loaded in
such a fashion as to cause or permit sand, dirt, stone, gravel or
similar material or other debris to fall or drop from such vehicle
onto the highway or roadway.
G.
Exercising the powers granted to the Town Board pursuant
to the Vehicle and Traffic Law of the State of New York.
H.
Providing for such additional reasonable ordinances,
orders, rules and regulations with respect to traffic as are not inconsistent
with various other laws of this state.
A.
The words and phrases used in this article shall,
for the purposes of this article, have the meanings respectively ascribed
to them by Article 1 of the Vehicle and Traffic Law of the State of
New York.
B.
COMMUTER PARKING LOT
FIRE ZONE and FIRE LANE
LOCAL DELIVERY or LOCAL PICKUP
PARK, PARKING or PARKED
PERSON
PROPERTY
VEHICLE
The following words and phrases have meanings as follows:
An area or areas of public or private property provided to
encourage the use of public transportation utilized by the public
pursuant to permit issued by the Town of Stony Point for the parking
of motor vehicles.
An unobstructed passageway marked or designated on public
or private property accessible to the public to permit free ingress
and egress of fire, police and other emergency vehicles and equipment
from a public highway.
Delivery or pickup to/from a home via a vehicle in excess
of the weight limit on a roadway that has a weight limitation. The
delivery/pickup has to be to a premises located on the restricted
roadway or on a roadway that cannot be accessed by another roadway
other than the restricted roadway.
[Added 1-11-2000 by L.L. No. 1-2000]
The stopping upon any public highway and leaving a motor
vehicle or motorcycle unattended by a person capable of operating
it.
[Added 1-11-2000 by L.L. No. 1-2000]
Every natural person, firm, copartnership, association or
corporation and any other form of organization whatsoever.
Any real property within the town which is not a street or
highway.
Any conveyance by which any person or property is or may
be transported or drawn upon the street.
[Added 1-11-2000 by L.L. No. 1-2000]
C.
All words, terms and phrases used herein not specifically
defined in either the Vehicle and Traffic Law of the State of New
York or herein shall have their usual English language meaning.
The Town of Stony Point Highway Department and/or
the Police Department of the Town of Stony Point shall install and
maintain traffic control devices, when, as and where required by direction
of the Town Board of the Town of Stony Point, under the provisions
of this article, to make effective the provisions of said article
and may install and maintain such additional traffic control devices
by direction of the Town Board of the Town of Stony Point as the Town
Board may deem necessary to regulate, warn or guide traffic under
the Vehicle and Traffic Law of the State of New York, all subject
to the provisions of §§ 1682 and 1684 of that law.
A.
The registered owner of a vehicle shall be presumed
to be prima facie responsible for compliance with any requirement
of this article and to be prima facie responsible for any nonmoving
violation hereof, except that it shall be a defense if the vehicle,
previous to the violation, has been reported to and recorded by the
police as stolen.
B.
The erection of a sign exercising any powers hereinbefore
or hereinafter set forth shall constitute prima facie evidence of
an ordinance, rule, resolution or regulation duly adopted by the Town
Board of the Town of Stony Point and filed in the office of the Town
Clerk authorizing the same.
C.
The specification of a particular rule or regulation
herein shall be presumed to be in addition to and not by way of limitation
of any rules or regulations heretofore or hereafter enacted by resolution
of the Town Board of the Town of Stony Point dealing in any way with
the matters or subjects included within the scope of this article.
D.
Speed limits on any road in said town shall be presumed
to be 30 miles per hour.
A.
The Town Board of the Town of Stony Point has heretofore,
herein and shall hereafter, by resolution, as it sees fit, direct
the appropriate town agency:
(1)
To designate through highways and order stop signs,
flashing signals or yield signs erected at specified entrances thereto
or designate an intersection as a stop intersection or a yield intersection
and order like signs and signals at one or more entrances to such
intersections.
(2)
Upon a roadway which is divided into three lanes,
to allocate the center lane exclusively for traffic moving in a specified
direction.
(3)
To order signs erected directing slow-moving traffic,
trucks, buses or specified types of vehicles to use a designated lane
or, with signs, signals or markings, designate those lanes to be used
by traffic moving in a particular direction, regardless of the center
of the roadway.
(4)
To determine those highways or portions of highways
which shall be marked to indicate where overtaking and passing or
driving to the left of or crossing such markings would be especially
hazardous in accordance with the standards, minimum warrants and sign
or marking specifications established by the Department of Transportation.
(5)
To regulate traffic by means of traffic control devices.
(6)
To license, regulate or prohibit processions, assemblages
or parades. Whenever such a procession, assemblage or parade authorized
by a local authority will block the movement of traffic on a state
highway maintained by the state, or a county road maintained by the
county, or on a highway which connects two state highways maintained
by the state to make a through route or on a road which connects two
county roads maintained by the county to make a through route for
a period in excess of 10 minutes, such authority must, prior to such
blocking, provide and designate with conspicuous signs a detour adequate
to prevent unreasonable delay in the movement of traffic on said state
highway maintained by the state and/or county road maintained by the
county.
[Amended 1-11-2000 by L.L. No. 1-2000]
(7)
To prohibit or regulate the operation and the stopping,
standing or parking of vehicles in public parks and commuter parking
lots.
(8)
To provide for the removal and storage of vehicles
parked or abandoned on highways during snowstorms, floods, fires or
other public emergencies or found unattended where they constitute
an obstruction to traffic or any place where stopping, standing or
parking is prohibited and for the payment of reasonable charges for
such removal and storage by the owner or operator of any such vehicle.
(9)
To provide for the installation, operation, maintenance,
policing and supervision of parking meters; establish parking time
limits at such meters; designate hours of operation of such meters;
and fix and require the payment of a fee applicable to parking where
such meters are in operation. The Town Board of any town may exercise
these powers on behalf and at the expense of a public parking district
with respect to highways outside of villages but within such public
parking district, in which event, the fees from such parking meters
shall belong to such district, and the cost of operation and maintenance
thereof shall thereafter be borne by such public parking district.
(10)
To establish a system of truck routes upon which
all trucks, tractors and tractor-trailer combinations having a total
gross weight in excess of 10,000 pounds are permitted to travel and
operate and excluding such vehicles and combinations from all highways
except those which constitute such truck route system. Such exclusion
shall not be construed to prevent the delivery or pickup of merchandise
or other property along the highways from which such vehicles and
combinations are otherwise excluded. Any such system of truck routes
shall provide suitable connection with all state routes entering or
leaving such town.
(11)
To temporarily exclude from any portion of any
town highway any vehicle with a gross weight of over four or more
tons or any vehicle with a gross weight in excess of any designated
weight on any wheel, axle, any number of axles or per inch width of
tire when, in its opinion, such highway would be materially injured
by the operation of any such vehicle thereon. Such exclusion shall
take effect upon the erection of signs on the section of highway from
which such vehicles are excluded, and a notice that such vehicles
are excluded shall be published in a newspaper in the county where
the highway is situated. The exclusion shall remain in effect until
the removal of the signs as directed by the Town Board. Upon written
application by any operator of a vehicle subject to this section,
the Town Board may issue a permit providing appropriate exemption
to such vehicle, if it is deemed that said vehicle is performing essential
local pickup or delivery service and that a failure to grant such
permit would create hardship. Every such permit may designate the
route to be traversed and contain other reasonable restrictions or
conditions deemed necessary. Every such permit shall be carried on
the vehicle to which it refers and shall be open to inspection by
any peace officer. Such permits shall be for the duration of the restriction
imposed under this section.
(12)
To prohibit, restrict or regulate the operation
of vehicles on any controlled-access highway or the use of any controlled-access
highway by any vehicle, device moved by human power or pedestrian.
(13)
To prohibit or regulate the turning of vehicles
or specified types of vehicles at intersections or other designated
locations.
(14)
To regulate the crossing of any roadway by pedestrians.
(15)
To authorize angle parking on any roadway.
(16)
To designate any highway or any separate roadway
thereof for one-way traffic.
(17)
To exclude trucks, commercial vehicles, tractors,
tractor-trailer combinations and trucks in excess of any designated
weight from designated highways. Such exclusions shall not be construed
to prevent the local delivery or local pickup of merchandise or other
property along the highways from which such vehicles and combinations
are otherwise excluded.
[Amended 1-11-2000 by L.L. No. 1-2000]
(18)
To prohibit, restrict or limit the stopping,
standing or parking of vehicles.
(19)
To designate safety zones.
(20)
To authorize vehicular traffic facing a steady
red signal to make a turn in accordance with the provisions of Subdivision
(d)2 of § 1111 of the Vehicle and Traffic Law of the State
of New York.
(21)
To designate a portion of a slope as a path
for the use of bicycles.
(22)
To order signs or markings to identify the portion
of the highway to be used for bicycle travel.
(23)
Upon written request of the owner or the person
in general charge of the operation and control of a shopping center,
parking area and private streets:
(a)
To order stop signs, flashing signals or yield
signs erected at the entrance of exit locations to any such area or
designate any intersection in such areas as a stop intersection or
as a yield intersection and order like signs or signals at one or
more entrances to intersections.
(b)
To regulate traffic in such areas, including
regulation by means of traffic control signals.
(c)
To prohibit or regulate the turning of vehicles
or specified types of vehicles at intersections or other designated
locations in any such area.
(d)
To regulate the crossing of any roadway in any
such area by pedestrians.
(e)
To designate any separate roadway in any such
area for one-way traffic.
(f)
To prohibit, regulate, restrict or limit the
stopping, standing or parking of vehicles in specified areas in any
such area.
(g)
To designate safety zones in any such areas.
(h)
To provide for the removal and storage of vehicles
parked or abandoned in any such area during snowstorms, floods, fires
or other public emergencies or found unattended in any such area where
they constitute an obstruction to traffic or where stopping, standing
or parking is prohibited and for the payment of reasonable charges
for such removal and storage by the owner or operator of any such
vehicle.
(i)
To adopt such additional reasonable rules and
regulations with respect to traffic and parking in any such area as
local conditions may require for the safety and convenience of the
public or the users of any such area.
(24)
To prohibit, regulate or control vehicles from
being loaded with sand, dirt, gravel or similar material or other
debris so as to permit or cause such loads to drop, discharge or fall
on the highway while in transit.
(25)
To prohibit, restrict or limit the stopping,
standing or parking of vehicles upon property owned or leased by the
Town of Stony Point.
(26)
To adopt such additional reasonable ordinances,
orders, rules and regulations with respect to traffic as local conditions
may require subject to the limitations contained in the various laws
of this state.
(27)
Dimensions and weights of vehicles.
[Added 1-11-2000 by L.L. No. 1-2000]
(a)
Except as expressly permitted by the United
States or the New York State Department of Transportation, and except
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 Town of
Stony Point any vehicle or combination of vehicles of a size or weight
rating exceeding the limitations provided for in this subsection.
Notwithstanding the foregoing, the Town Board may, by resolution,
designate that any vehicle or combination of vehicles of a size or
weight rating that is otherwise in compliance with the laws of the
Town of Stony Point and the laws and regulations of New York State
may use, as determined by the Town Board, certain public streets in
the Town of Stony Point where the truck route system is unavailable,
blocked or otherwise obstructed due to construction, maintenance,
repair or other condition as determined by the Town Board, with due
consideration of the limitations of such public streets. In instances
where advance approval of the Town Board is not practicable, the Chief
of Police, after consultation with the Town Superintendent of Highways,
shall determine and designate that any vehicle or combination of vehicles
of a size or weight rating that is otherwise in compliance with the
laws of the Town of Stony Point and the laws and regulations of New
York State may use, in any direction, certain public streets in the
Town of Stony Point where the truck route system is unavailable, blocked
or otherwise obstructed due to construction, maintenance, repair or
other condition. In those instances where approval of the Town Board
is not practicable, such instances shall be deemed emergencies for
the purposes of § 1602 of the New York State Vehicle and
Traffic Law, and the powers set forth therein shall be applicable.
[Amended 10-14-2008 by L.L. No. 3-2008]
(b)
Width.
[1]
The width of a vehicle, inclusive of load, shall
be not more that 96 inches plus safety devices on any town highway
in the Town of Stony Point.
[2]
The provisions of Subsection A(27)(b)[1] of this section shall not apply to vehicles and implements or combinations thereof between 12 feet and up to 17 feet in width used solely for farm purposes when the following requirements are met:
[a]
The vehicle and implement or combination
thereof is operated during the period from 1/2 hour before sunrise
to 1/2 hour after sunset.
[b]
Red or orange fluorescent flags
not smaller than 18 inches square and reflectors are placed on the
extreme corners of the load.
[c]
Two flashing amber lights in compliance
with regulations prescribed by the Commissioner of Transportation
are attached to the rear of the load or, if the vehicle hauling such
implement is equipped with hazard lights which are visible from the
rear of the load, such lights are flashing.
[d]
If the vehicle or load extends
beyond the center line of a highway or if the vehicle is being operated
during any time when, due to rain, sleet, snow, hail, fog, insufficient
light or for any other reason visibility for a distance of 1,000 feet
ahead is not clear, the vehicle is preceded by an escort vehicle which
is equipped with a warning sign and flashing lights in compliance
with regulations prescribed by the Commissioner of Transportation.
[3]
The provisions of Subsection A(27)(b)[1] of this section shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed 98 inches.
[4]
Notwithstanding the provisions of Subsection A(27)(b)[1] of this section, racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no cases shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches on any portion thereof while on any town highway.
(c)
Height. The height of a vehicle from the underside
of the tire to the top of the vehicle, inclusive of load, shall not
be 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]
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 town 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 A(27)(e)[1] of this section shall not apply to:
[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 which 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.
[e]
Stinger-steered automobile transporters,
while operating on qualifying and access highways. Such vehicles shall
not, however, exceed 75 feet exclusive of an overhang of not more
than three feet on the front and four feet on the rear of the vehicle.
[f]
State-owned and/or municipally
owned vehicles engaged in snowplowing, ice clearing or other emergency-type
operations.
[3]
Notwithstanding the provisions of Subsection A(27)(e)[1] of this section, a bumper overhang of not more than a total of three feet on the front and four feet on the rear of the vehicle shall be permitted.
(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 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 not
be 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 combination of vehicles equipped
with pneumatic tires, when loaded, shall not be 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 not be 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 not be 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 A(27)(k)[2] of this section and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in Subsection A(27)(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 axles to the center of the rearmost axle. Axles are to be counted as provided in Subsection A(27)(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 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 axles to
the center of the rearmost axles.
[2]
The overall gross weight on a group of two or
more consecutive axles shall not exceed the weight produced by application
of the following formula:
|
W = 500 [(L x N)/(N-1) + (12 x N) + 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.
| |
[a]
Exception. 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.
[b]
For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, this Subsection A(27)(k) 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
of the Town of Stony Point other than on pneumatic tires.
(m)
For the purpose of this subsection, 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 subsection, 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 a person other than the registrant operates
the vehicle, 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 said state 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 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
courts alleges a violation of this subsection, 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 subsection 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 subsection for the offense.
(q)
Penalties for offenses.
[1]
A violation of the provisions of this subsection 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 for the first offense, by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 30 days, or by both such fine and imprisonment for the second or subsequent offense, plus, in both raises, the fine provided in Subsection A(27)(q)[2] of this section.
[2]
A violation of the provisions of this subsection by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in any of these subsections, 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 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 A(27)(q)[1] of this section:
|
Excess Total Weight*
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Fine
| |
|
0
|
2,000
|
$50.00
| |
|
2,000
|
3,000
|
$75.00
| |
|
3,000
|
4,000
|
$100.00
| |
|
4,000
|
5,000
|
$200.00
| |
|
5,000
|
6,000
|
$300.00
| |
|
6,000
|
7,000
|
$400.00
| |
|
7,000
|
8,000
|
$500.00
| |
|
8,000
|
9,000
|
$600.00
| |
|
9,000
|
10,000
|
$700.00
| |
|
10,000
|
15,000
|
$1,200.00
| |
|
15,000
|
20,000
|
$1,700.00
| |
|
20,000
|
25,000
|
$2,200.00
| |
|
25,000
|
30,000
|
$2,700.00
| |
|
Greater than 30,000
|
$2,700.00, plus .06/pound**
| ||
|
NOTES:
| |
|---|---|
|
*Where the excess total weight
is greater than the limits specified by a United States or a New York
State Department of Transportation excess weight permit, the permit
shall, for the purpose 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.
| |
|
**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 subsection 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 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 A(27)(q)[1] of this section:
|
Excess Total Weight*
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or Equal to
|
Fine
| |
|
0%
|
5%
|
$100
| |
|
5%
|
10%
|
200
| |
|
10%
|
15%
|
350
| |
|
15%
|
20%
|
600
| |
|
20%
|
25%
|
1,000
| |
|
25%
|
30%
|
1,600
| |
|
30%
|
2,450
| ||
|
NOTE:
| |
|
*Where the excess axle or axles weight is greater
than the limits specified by permit issued by the United States or
New York State Department of Transportation, the permit shall, for
the purpose 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.
|
[4]
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection A(27)(k) and also of Subsections A(27)(i) and (j), or both Subsection A(27)(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 line that could be imposed under this subsection.
[5]
The court may impose any sentence authorized
by this subsection; provided, however, that any such sentence must
include a fine as provided in this subsection.
[6]
All tines collected as a result of the above
schedules shall remain the property of the Town of Stony Point.
(28)
Federal Motor Carrier Safety Regulations.
[Added 1-11-2000 by L.L. No. 1-2000; amended 12-13-2005 by L.L. No. 6-2005]
(a)
No person shall operate or move or cause or
knowingly permit to be operated or moved on any public street in the
Town of Stony Point any vehicle in violation of Federal Motor Carrier
Safety Regulations, Parts 172, 178, 179 and 180 and Parts 382, 383,
390 through 397, 399 and 400, as revised since the original adoption
of this local law.
(b)
Penalties for offenses. A violation of the provisions
of this subsection 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, for the first offense; by a
fine of not less than $500 nor more than $1,000 or by imprisonment
for not more than 30 days, or by both such fine and imprisonment,
for the second or subsequent offenses.
(c)
The court may impose any sentence authorized
by this subsection; provided, however, that any such sentence must
include a fine as provided in this subsection.
(d)
All fines collected as a result of the above
schedules shall remain the property of the Town of Stony Point.
A.
All resolutions of the Town Board of the Town of Stony
Point heretofore or hereafter adopted and heretofore or hereafter
filed in the office of the Town Clerk of the Town of Stony Point establishing
or in any other way dealing with specific traffic control signals,
one-way roadways, crosswalks, turning movements, stop and yield intersections,
parking (both in location and time), truck routes, pavement markings,
safety zones, center line allocations, lane designations, truck-excluded
routes, etc., are herein and hereby adopted, enacted and incorporated
by reference as if the same were hereinafter set forth in full and
with the same force and effect as if separately stated.
The Town Clerk shall and must maintain in her
office, separate schedules of all resolutions of the Town Board dealing
with the exercise of traffic control powers set forth above. Said
schedules shall be public records, open to inspection by any member
of the public at any time during regular business hours of the office
of the Town Clerk.
A.
Any other provision notwithstanding, any police officer
is hereby authorized and empowered to issue or cause to be issued
a summons, returnable in any court of competent jurisdiction, for
any motor vehicle in violation of the traffic and safety provisions
of this article; and likewise, the Building Inspector hereby is authorized
and empowered to issue such summons for any violation involving the
operation, maintenance and control of any premises.
B.
Every person convicted of a traffic infraction for
a violation of any provision of this article shall, for the first
conviction thereof, be punished by a fine of not more than $50 or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment; for a second such conviction within 18 months thereafter,
such person shall be punished by a fine of not more than $100 or by
imprisonment for not more than 45 days, or by both such fine and imprisonment;
upon a third or subsequent conviction within 18 months after the first
conviction, such person shall be punished by a fine of not more than
$100 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
C.
Any violation of this article by a person, firm or
corporation, other than a traffic infraction, shall be deemed an offense
punishable by a fine not to exceed $100 or imprisonment for a period
not to exceed two months, or both.
D.
The violation of this article or regulations by trucks
or the use of truck routes in violation of this law or the causing
or permitting of truck loadings to fall on the highway shall be subject
to a mandatory fine of not less than $100 for each violation, the
payment of which fine may not be excused or suspended in whole or
in part.
E.
In the care of a continuing violation of this article,
each day that such violation exists shall constitute a separate and
distinct violation.
[Added 1-11-2000 by L.L. No. 1-2000]
A.
No person shall operate a motor vehicle upon any public
highway, private road or other area open to motor vehicle traffic
within the Town of Stony Point at a rate of speed in excess of 30
miles per hour, except that the rate of speed on other roads, highways
or areas accessible to public vehicular travel in the Town of Stony
Point shall not be in excess of any other duly posted speed limit.
This section shall not apply to ambulances, fire vehicles or police
vehicles when on emergency trips, and they shall operate as required
with due regard to the emergency and due observance of safety in the
circumstances. This section shall not apply to state highways maintained
by the State of New York.
B.
School speed limits within the Town of Stony Point
shall be designated by the Town Board.
