The purpose of these regulations is to grant special hauling
permits only in cases where it is found impractical, if not impossible,
to comply with the size and weight limitations as provided in Section
14 of the New York State Vehicle and Traffic Law.
It shall be unlawful for any person, firm, corporation or municipality
to transport loads over Town roads having weights and dimensions which
exceed the limitation provided for in § 14 of the New York
State Vehicle and Traffic Law.
[Amended 10-16-1995 by L.L. No. 24-1995; 8-20-2001 by L.L. No.
5-2001]
A.
To obtain a permit, an application must be made in writing on the
form provided and signed by the applicant undertaking the hauling
or by an authorized representative. The application must be received
by the Town five days prior to desired date of travel to provide time
needed for investigation and mailing.
B.
The application must be accompanied by cash or certified check in
the amount as set forth, payable to the Town of Orangetown, in an
amount as shall be established by resolution of the Town Board and
set forth in an appendix to this chapter,[1] to cover the expense of investigating and routing.
[Amended 12-13-2011 by L.L. No. 8-2011]
[1]
Editor's Note: Fees and Other Charges Relating to Road Excavations, Driveways and Heavy Hauling is included at the end of this chapter.
Wherever the word TOWN is used in these regulations, it shall
also mean the Town of Orangetown, Highway Department and/or the Town
Superintendent of Highways or his representatives.
[Amended 10-16-1995 by L.L. No. 24-1995; 8-20-2001 by L.L. No.
5-2001]
Before a permit can be issued, the applicant must first file
with the Superintendent of Highways and the Town Clerk adequate and
satisfactory evidence, in the form of a certificate of insurance,
that he is covered by public liability insurance in the amounts of
$1,000,000 to $2,000,000 and $500,000 for property damage, and that
under this coverage, or by separate policies in the above amounts,
the Town of Orangetown is named and fully indemnified. The applicant
must also file with the Superintendent of Highways and the Town Clerk
adequate and satisfactory evidence that he is fully covered for workers'
compensation insurance. Said certificates of insurance shall be reviewed
and approved by the Town Attorney.
Permits will not be issued if overloads are divisible into legal
loads. All loads shall be arranged to effect the minimum width, and
crosswise loading will not be permitted. A motor vehicle may not be
used to tow more than one other vehicle.
A separate permit is required for each movement of each vehicle.
This permit must be carried on the vehicle and available for inspection
by any peace officer.
Operations must be conducted, insofar as it is possible, to
permit safe and reasonably free travel whereby all safety provisions
for the movement of such traffic shall be provided by the permittee.
Red warning flags, size 24 inches by 24 inches, shall be carried to
warn and protect traffic, and as indication of oversize load moving.
In moving over any narrow section of highway or narrow bridge,
where it is impossible to keep free and clear at least one full lane
of pavement for passing traffic, each movement over such sections
must be accompanied by flagmen, stationed at least 500 feet ahead
and 500 feet following such vehicle, so as to warn and protect traffic.
Clearance must be checked on bridges, and where there are weak or
posted bridges a detour must be made.
It is understood and provided that this permit shall have no
effect as regards any highway, road, street, avenue or bridge over
which the Town of Orangetown Superintendent of Highways has no jurisdiction.
Permission to use state highways, county roads or city or village
streets must be obtained from their proper authorities.
Overhead wires, cables, signal or traffic lights, limbs of trees,
or overhead structures must not be disturbed, without first obtaining
permission from the owners thereof. Movements not to be started until
after such consents have been obtained from said owners.
By the acceptance of this permit the applicant further agrees
to assume all responsibility and liability for damages to persons
or property that may accrue during said movement of the vehicle, or
combination of vehicles, through the negligence of himself, his agent
or employees or from any other cause and to save the Town of Orangetown,
Highway Department and/or Town Board, Town of Orangetown and/or Superintendent
of Highways, Town of Orangetown, harmless therefrom.
This permit is issued pursuant to the authority conferred upon
the Superintendent of Highways, Town of Orangetown, by Subdivision
19 of Section 14 of the New York State Vehicle and Traffic Law, which
provides among other things that all permits issued shall be revocable
by the authority issuing them at the discretion of the said authority
without a hearing or the necessity of showing cause, either before
or during the movement.
In case of heavy snowfall or icy pavements, a moving vehicle
shall be removed from highway and movement shall not be resumed until
pavement has been cleared full width and/or sanded.
It shall be the responsibility of the permittee:
A.
To detour weak or posted bridges, or posted roads, and not to exceed
such posted weight limitations.
B.
To check carefully distance for clearance before crossing bridges
or entering underpasses or tunnels, so as to make sure there is ample
clearance.
C.
To see that all loads are securely fastened so as to prevent shifting
of load or falling from transporting vehicle.
[Amended 2-28-1972 by L.L. No. 4-1972; 10-24-1988 by L.L. No.
8-1988]
A.
A violation of any of the provisions of this ordinance shall constitute
a violation against the ordinance relating to street openings by utilities
and by persons other than utilities and regulating the construction
of driveways connecting with Town roads and regulating special hauling
and shall be punishable by a fine not to exceed $1,000.
[Amended 10-16-1995 by L.L. No. 24-1995]
B.
The Superintendent of Highways of the Town of Orangetown and/or his
Deputy Superintendent and/or Highway Maintenance Supervisors of the
Town of Orangetown shall be authorized to enforce this ordinance and
to issue appearance tickets as the same are defined in Article 150
of the Criminal Procedure Law of the State of New York pursuant to
the rules thereof.
All portions of all ordinances of the Town of Orangetown inconsistent
herewith are hereby repealed. If any portion of this ordinance shall
be declared invalid for any reason, the remainder thereof shall not
be deemed invalid and shall continue in full force and effect.
This ordinance shall take effect immediately upon publication
and adoption as required by law.
