A.
Enforcement of provisions. It shall be the duty of the Police Department
of this City to enforce the provisions of this chapter.
B.
Direction of traffic. Officers of the Police Department are hereby
authorized to direct all traffic, either in person or by means of
visible or audible signal, in conformance with the provisions of the
laws of the State of New York and of this chapter and their various
divisions and subdivisions.
C.
Compliance with police orders. It shall be unlawful for any person
to refuse or fail to comply with any lawful order, signal or direction
of a police officer.
[Amended 6-6-2000]
A.
Except as provided in Subsections B, C and D, every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a 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 $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
B.
The registered owner, its agent or lessee of a tractor, trailer, semitrailer, or truck exceeding five tons gross weight or 35 feet in length used in the violation of any provision of § 225-22 or 225-24E of this chapter shall, upon conviction, be punished for the first offense by a fine not less than $100 nor more than $200, and for the second offense within three years by a fine not less than $500 nor more than $1,000. The third or any subsequent offense within three years shall be punishable by a fine not less than $3,000 nor more than $5,000 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
[Amended 4-3-2007 by L.L. No. 5-2007]
C.
Where articles of law are incorporated by reference in § 225-22E(1)(b) through (g) and (2) and (3), penalties and fines established in those articles shall be in effect as fully as if set forth in this section.
D.
In addition to any fine imposed as specified in Subsection B above, the registered owner, its agent or lessee of a vehicle used in the violation of the provisions of § 225-22E(4) of this chapter shall, upon conviction, be punished by a fine calculated under the Federal Bridge Gross Weight Formula, in accordance with the schedules set forth hereunder. Within any three-year period, the amount of fine for a second offense of § 225-22E(4) shall be doubled, and the amount of fine for a third offense of § 225-22E(4) shall be tripled:
[Amended 4-3-2007 by L.L. No. 5-2007]
|
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.
|
|
Excess Total Weight
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less than or Equal To
|
Amount of 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
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.)
|
A.
Except those parts, if any, which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York, this chapter
and any regulations adopted hereunder shall take effect as provided
by law.
B.
Any part or parts of this chapter and any regulations adopted hereunder
which are subject to approval under § 1684 of the Vehicle
and Traffic Law of the State of New York shall take effect from and
after the day on which approval in writing is received from the New
York State Department of Transportation.
If any article, section, subsection, paragraph, sentence, clause
or provision of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such adjudication shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the article, section, subsection, paragraph, sentence,
clause or provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
All prior ordinances, regulations and rules, or parts thereof,
of this City regulating traffic and parking are hereby repealed, except
that this repeal shall not affect or prevent the prosecution or punishment
of any person for any act done or committed in violation of any ordinance,
regulation or rule hereby repealed prior to the taking effect of this
chapter.
