[Adopted 9-26-2022 by L.L. No. 17-2022][1]]
[1]
Editor's Note: Former Art. I, East Hills Shopping
Plaza, adopted 2-7-1983 by L.L.
No. 1-1983, as amended, was repealed 6-9-2008 by L.L. No. 10-2008.
A.
This article is adopted pursuant to the authority of §§ 385
and 1660 of the Vehicle and Traffic Law of the State of New York and
§ 10 of the Municipal Home Rule Law of the State of New
York.
B.
This article is adopted to minimize the adverse impact of certain
traffic upon certain roads and highways in the Town, including to
promote the health, safety, and welfare of the community.
A.
This article shall be effective with respect to each named roadway,
highway, or segment thereof as is listed in this section. The Town
is authorized to post appropriate vehicle length limit signage in
relation to such areas in any manner using the approved signage listed
in the Manual on Uniform Traffic Control Devices (MUTCD).
B.
No commercial vehicles, recreational vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or tractor-trailer-semitrailer
combinations that exceed a maximum length of 30 feet shall be permitted
or allowed to travel upon or over the following roads, highways, or
segments thereof:
(1)
Sand Bank Road, from its intersection with State Route 13 and proceeding
southerly uphill and all the way to the Town of Ithaca-Town of Danby
corporate boundary, being approximately 2.32 miles in total distance.
As used in this article, the following terms shall have the
meanings indicated:
The Manual on Uniform Traffic Control Devices, and the New
York Supplement thereto, as currently exists and as hereafter amended.
The Town of Ithaca, located in Tompkins County, New York.
Refers to motor vehicles generally, and any specification
of a vehicle type (e.g., truck, commercial vehicle, tractor, tractor-trailer
combination, tractor-semitrailer combination, tractor-trailer-semitrailer
combination, etc.) means that vehicle type as defined by and under
the New York Vehicle and Traffic Law, and the regulations arising
thereunder.
The total length of a motor vehicle plus any trailers and
overhangs, from its front bumper or edge to the rear thereof, including
the full length of any one or more trailers and including all bumpers
and loads (including the length of any load overhang).
This article shall not apply to:
A.
Local deliveries and pickups to and from properties located on the
aforementioned Town highways by vehicles otherwise prohibited from
using said highways by the provisions of this article;
B.
Sound agricultural operations and practices (as defined and construed
in and by New York State agricultural district laws) and the related
movement of agricultural products when this restriction applies within
a NYS-certified agricultural district;
C.
School buses, related educational transportation vehicles, and municipally
owned or sponsored mass transit, including TCAT buses;
D.
Law enforcement vehicles;
E.
Ambulances and fire trucks, and vehicles owned and operated by municipalities
or fire companies on emergency or official municipal or fire-fighting
business;
F.
Military vehicles;
G.
Maintenance, repair, and service vehicles owned and operated by a
utility company or public authority while on official business, but
excluding any pipeline transportation companies and similar entities
that are not engaged in providing services to nearby residential and
business structures; and
H.
Municipal and other governmental vehicles engaging in maintenance,
repairs, or the provision or performance of any municipal service,
together with those vehicles contracted for such services by any municipality
or governmental unit.
A.
All provisions of New York State law generally and procedurally applicable
to misdemeanors shall apply to any criminal proceeding brought under
this article, and any misdemeanors shall be deemed unclassified misdemeanors.
For purposes of this article, the Town's Justice Court is hereby
vested and imbued with jurisdiction to issue administrative and other
warrants in compliance with the New York Criminal Procedure Law and
administrative codes of the State of New York, as well as to hear
and adjudicate allegations relating to the criminal violation of this
article, and to thereafter, if appropriate, impose any fine, penalty,
sentence, or sanction.
B.
First offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article shall be guilty of a criminal
violation and subject to a fine of not less than $100 and not more
than $300, or by imprisonment for not more than 15 days, or both such
fine and imprisonment.
C.
Second offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article within 18 months of any
prior judicial finding or conviction under this article shall be guilty
of a second offense. Any person or entity that commits any second
offense shall be guilty of a violation and subject to a fine of not
less than $200 and not more than $500, or by imprisonment for not
more than 15 days, or both such fine and imprisonment.
D.
Third offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article within 18 months of any
prior judicial finding or conviction under this article of a second
offense shall be guilty of a third offense. Any person or entity that
commits any third offense shall be guilty of an unclassified misdemeanor
and subject to a fine of not less than $500 and not more than $2,500,
or imprisonment for not more than 120 days, or both such fine and
imprisonment.
E.
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town, including, but not limited to, the right to seek equitable
relief. Whenever the Town shall believe from evidence satisfactory
to it that there is any violation of, or noncompliance with, this
article, the Town may bring an action to enjoin and restrain the continuation
of such violation. In any such action:
(1)
Preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules; and
(2)
The Town shall not be required to post any bond or undertaking, prove
that there is or will likely be irreparable harm, or prove that the
Town has no adequate remedy at law. In any such action, the court
may also award any damages or other relief requested, including declaring
the rights and interests of any parties and imposing restitution or
damages. The remedies provided by this article shall not be in lieu
of, and shall be in addition to, any other right or remedy available
to the Town, whether sounding in law, equity, enforcement or otherwise.
