Town of Tuxedo, NY
Orange County
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Table of Contents
Table of Contents
Traffic control signals shall be installed, maintained and operated at the intersections and locations described in Schedule I (§ 95-36).
The streets or parts of streets described in Schedule II (§ 95-37) 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 III (§ 95-38) during the hours indicated of any day.
No person shall make a right turn or a left turn from a one-way street onto a one-way street on a steady red traffic control signal at any of the locations described in Schedule IV (§ 95-39).
It shall be a violation for any person to stop, stand or park a vehicle in any area designated in Schedule V (§ 95-40) as a place for handicapped parking unless the vehicle bears a permit issued under § 1203-a of the Vehicle and Traffic Law of the State of New York or a registration issued under § 404-a of the Vehicle and Traffic Law of the State of New York and such vehicle is being used for the transportation of a disabled or handicapped person.
The streets or parts of streets described in Schedule VI (§ 95-41) are hereby designated as through highways, and stop or yield signs shall be erected on entrances thereto as indicated in said schedule.
The intersections described in Schedule VII (§ 95-42) are hereby designated as stop intersections, and stop signs shall be erected as indicated.
The intersections described in Schedule VIII (§ 95-43) 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 street or highway within the town is hereby established at 30 miles per hour, except that the speed limit for vehicles proceeding on or along streets or parts of streets described in Schedule IX (§ 95-44) shall be as indicated in said schedule.
A. 
Except as permitted by the United States or the New York State Department of Transportation, 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 town road, highway or bridge thereon, any vehicle or combination of vehicles of size or weight exceeding the limitations provided for in this chapter.
B. 
Width.
(1) 
The width of a vehicle, inclusive of load, shall be not more than 96 inches plus safety devices, on any town highway in the Town of Tuxedo.
(2) 
The provisions of Subsection B(1) shall not apply to vehicles and implements or combinations thereof not over 13 feet in width, used solely for farm purposes, during the period of sunrise to sunset, provided that at least two red flags not smaller than 24 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 a.m. on any Saturday, Sunday or legal holiday, except for trips of two miles or less.
(3) 
The provisions of Subsection B(1) 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 B(1), racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no case shall the width at the base of the rack exceed 102 inches at any portion thereof while on any town highway.
C. 
The height of a vehicle from under side of tire to top of 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 of single vehicles.
(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 45 feet except as provided in this Subsection D; 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. 
Length of combination of vehicles.
(1) 
The total length of a combination of vehicles, inclusive of load and bumpers shall not be more than 60 feet.
(2) 
The provisions of Subsection E(1) 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 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 overlength 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 overlength 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 ten miles for the purpose of repairs or removal from the highway.
(e) 
State-owned and/or municipally owned vehicles engaged in snowplowing, ice clearing, or other emergency-type operations.
(3) 
Notwithstanding the provisions of Subsection E(1), a bumper overhang of not more than a total of three feet on the front and four feet on the rear of the vehicles 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 forty-six 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 or a combination of vehicles, 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 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) and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in Subsection F.
K. 
Axles are to be counted as provided in Subsection F. In no case, however, shall the total weight exceed eighty thousand 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 one thousand 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 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 equals overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L equals 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, and N equals number of axles in group under consideration, except that two consecutive sets of tandem axles may carry a gross load not to exceed 34,000 pounds each, 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 the section of this chapter governing maximum vehicle gross weights.
L. 
No vehicle shall be operated on the public streets of the Town of Tuxedo 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 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 town 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 said state, within five days after the date of issuance of 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. 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. 
In any action brought for damage or destruction of any highway or bridge, there shall be a presumption that the operation of a vehicle or combination of vehicles in excess of the maximum weight limits established by this section is the proximate cause of such damage or destruction to the highway bridge or appurtenant structure, whether or not a permit to exceed such weight limits was issued by the appropriate authority.
R. 
Penalties for offenses.
(1) 
A violation of the provisions of this section of this chapter 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, in both cases plus the fine provided in Subsection R(2).
(2) 
A violation of the provisions of Subsection K by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in this action, or such rules and regulations, or the weight limitations specified by permit issued pursuant to Subdivision 15 of the New York State Vehicle and Traffic Law § 385 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:
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
30,000
$0.06 for each pound in excess of 30,000
(NOTE: Where the excess total weight is greater than 10,000 pounds in excess of the limits specified by a permit, the permit shall be deemed voided and then 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.)
(3) 
A violation of the provisions of Subsection I and J by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in this section, or such rules or regulations, or the weight limitations specified by permit issued pursuant to Subdivision 15 of the New York State Vehicle and Traffic Law § 385 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 R(1):
Percentage of Excess Total Weight
(pounds)
Greater Than
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: Where the excess axle or axles weight is greater than 10% in excess of the limits specified by a permit, the permit shall be deemed voided and then 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 weighting of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection K and also of Subsection I and J, 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 chapter; 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 Town of Tuxedo.
A. 
All trucks, tractors and tractor-trailer combinations in excess of the gross weights indicated are hereby excluded from all streets or parts of streets described in Schedule X (§ 95-45).
B. 
The regulations established in this section 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.
Lanes are hereby designated upon the streets or parts of streets described in Schedule XI (§ 95-46) 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 XII (§ 95-47) 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.