[Adopted 8-2-2022 by L.L. No. 6-2022]
The Town Board of the Town of Blooming Grove hereby finds that road obstructions such as speed bump(s) and speed hump(s), and/or any intentional deflection or vertical lift on any and all roads that are owned and maintained by the Town of Blooming Grove, are a road hazard and jeopardize the health, safety and welfare of the public. It is the aim of the Town Board to reduce such road hazards caused by the above and similar objects, which are responsible for causing property damage, personal injury and fatalities due to vehicular accidents caused by these hazards. The Town Board finds and declares it to be in the public's interest to regulate road obstruction such as speed bump(s) and speed hump(s), and/or any intentional deflection or vertical lift, on any and all roads for the protection of health, safety and welfare of the public.
This article shall apply only in the unincorporated areas of the Town of Blooming Grove.
A. 
Speed bumps, speed humps, intentional vertical lifts in roadways and other vertical shifts are not used on state highways in New York to control speed. Speed bumps, speed humps, intentional vertical lifts in roadways and other vertical shifts interfere with response times of emergency vehicles and create a clear and present hazard to the traveling public, and they cause vehicles to jolt when crossed at the lawful level of speed. These speed bumps, speed humps, intentional vertical lifts in roadways and other vertical shifts also create an unreasonable increase in unwanted noise levels. The Town has found a minimum of two court decisions in New York State that found "state liable where claimant established that speed bump on roadway was an unreasonably dangerous condition and was proximate cause of claimant's injuries," and "installation of speed bump found to be unreasonable method of warning drivers of dangerous intersection and city held liable for personal injuries of motorist." Additionally, the New York State Comptroller has an opinion to all municipalities "concluding that municipality should not erect bumps on street to encourage the slowing of traffic because, inter alia, such bumps could lead to potential tort liability for bump-related mishaps."
B. 
The Town has determined that it is improper and determined it to be unlawful within the Town of Blooming Grove to knowingly and intentionally install and/or build/create a speed bump(s), speed hump(s), intentional vertical lifts or other vertical shifts in Town roadways.
C. 
No person(s) will be permitted to install and/or build/create a speed bump(s), speed hump(s), intentional vertical lifts or other vertical shifts in Town roadways for any purpose/motive/reason.
This article shall be administered and enforced by the person or officer employed or contracted by the Town of Blooming Grove whose responsibilities are code enforcement for the Town with the assistance of the Police Department serving the Town of Blooming Grove.
A. 
Upon the determination of the Code Enforcement Officer that a violation exists, pursuant to the provisions of § 204-75 hereof, they shall send a written notice specifying the violations and requiring compliance within five days thereafter. Such notice shall be served upon a person of suitable discretion in charge of the subject premises and by mailing a copy thereof addressed to the owner of record of such land if he be other than the person served at the address shown on the last preceding assessment roll. If said land is vacant and there is no one available to be served on said property, then a certified mailing of such violation notice to the owner of record shall be sufficient.
B. 
In the event the notice specified in Subsection A of this section is not complied with after a period of five days from date of service, then the Code Enforcement Officer and/or Police Department serving the Town of Blooming Grove shall issue a summons to be signed by a Justice of the Justice Court with jurisdiction, or by a Judge of the County Court in Orange County Supreme Court upon the filing of an information alleging the violation herein.
C. 
In addition to any other penalty provided under the law for noncompliance, the Town Board may, in its legislative discretion, authorize the removal of the speed bump(s), speed hump(s), intentional vertical lifts or other vertical shifts.
D. 
The owner or occupant of the premises or the person who caused or maintained such speed bump(s), speed hump(s), intentional vertical lifts or other vertical shifts shall pay the expenses incurred by the Town of Blooming Grove, pursuant to Subsection C of this section. If the Town hires a contractor, the person and/or company removing said speed bump(s), speed hump(s), intentional vertical lifts or other vertical shifts shall file with the Town Supervisor's office an affidavit stating with fairness and accuracy the items of expense incurred in removing said obstruction. The Town Board may institute a suit to recover such expenses against any person liable for such expenses, or may cause such expenses to be charged against the property as a lien.
E. 
To effectuate the purpose and objectives of this article, the Code Enforcement Officer and/or Police Department serving the Town of Blooming Grove shall cooperate with and assist as above set forth and otherwise as may seem proper or required in the circumstances.
Any violation by a person, firm or corporation of this article shall be deemed an offense punishable by a fine not to exceed $1,500 per day that the violation continues to exist.
This article supersedes, and is in derogation of, the Code of the Town of Blooming Grove, County of Orange, State of New York.
This article shall take effect immediately when it is filed in the office of the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.
No statement in this article shall be construed to interfere with any additional requirements that may be imposed by any federal, state or local authority having jurisdiction.
This article is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.