A.
No person shall operate a motor vehicle or motorcycle
upon any public highway within the corporate limits of the village
at a rate of speed in excess of 30 miles per hour.[1]
[1]
Editor's Note: Original Sec. 11-30(b) and
(c), which immediately followed this subsection and provided a speed
limit of 20 miles per hour in certain areas, were deleted 4-11-1995
by L.L. No. 1-1995.
B.
No person shall operate a motor vehicle or motorcycle
upon any public highway or portion thereof within the corporate limits
of the village within a distance of 300 feet in either direction from
the building line of a school abutting on such highway at a rate of
speed in excess of 15 miles per hour, nor shall such rate of speed
be exceeded by any motor vehicle or motorcycle on Robert Pitt Drive
within a distance of 150 feet to the north of and a similar distance
to the south of the center line of Moscarella Drive.
Section 249-10 shall not apply to ambulances, fire vehicles or police vehicles when on emergency trips.
The Board of Trustees may, at such time it deems
advisable, designate streets, intersections and areas within the village
at which the turning of vehicles shall be prohibited or restricted
and shall cause suitable signs to be posted prohibiting or restricting
such turns, and it shall be unlawful for any person to make a turn
in violation of such signs.[1]
[1]
Editor's Note: The schedules of areas within
the village where the turning of vehicles is restricted or prohibited
are on file in the village offices.
Reckless driving is prohibited. For the purpose
of this chapter "reckless driving" shall include driving or using
any motor vehicle or motorcycle or any appliance or accessory thereof
in any manner which unnecessarily interferes with the free and proper
use of the public highway or unnecessarily endangers users of the
public highway.
It shall be unlawful for any person operating
a motor vehicle within the village to cause said motor vehicle to
make a U-turn on such streets in the village as shall have been designated
by signs stating "No U-Turn."
A.
Authority; signs required. Pursuant to § 1640,
Subdivision (a)4, of the Vehicle and Traffic Law, the Board of Trustees
is hereby authorized to designate public streets and highways in which
vehicles shall pass in one direction only and the time such restriction
shall be in effect and shall cause such streets and highways to be
marked by suitable signs during the hours in which such designation
is to be observed.[1]
[1]
Editor's Note: The schedule of one-way streets
is on file in the village offices.
A.
Authority; signs required. Pursuant to § 1640,
Subdivision (a)5, of the Vehicle and Traffic Law, the Board of Trustees
is hereby authorized to designate public streets and highways in the
village from which heavy trucks shall be excluded and shall cause
such streets and highways to be marked by suitable signs during the
hours in which such designation is to be observed.[1]
[1]
Editor's Note: The schedule of streets closed
to heavy trucks is on file in the village offices.
[Added 7-22-1986 by L.L. No. 5-1986; amended
4-11-1995 b L.L. No. 1-1995; 9-28-1998 by L.L. No. 2-1998]
A.
Limitations on certain vehicles.
[Amended 1-25-2005 by L.L. No. 2-2005]
(1)
Except as expressly permitted by the United States
or the New York State Department of Transportation, and except as
otherwise expressly permitted herein, or where the requirement for
local delivery will permit no alternate legal route, no person shall
operate or move or cause or knowingly permit to be operated or moved
on any public street in the Village of Spring Valley any vehicle or
combination of vehicles of a size or weight exceeding the limitations
provided for in this section.
(2)
No person shall operate or move, or cause or knowingly permit to be operated or moved, on any public street in the Village of Spring Valley, an auto, truck, agricultural truck or light delivery car registered in this state or any other state, province or nation having a combined weight of vehicle and load in excess of the maximum gross weight for such vehicle as stated on the application for registration. Such maximum gross weight cannot be more than 11 tons. Violations and penalties shall be set forth in § 249-18Q.
B.
Width.
(1)
The width of a vehicle, inclusive of load, shall be
not more than 96 inches, plus safety devices, on any village street
in the Village of Spring Valley.
C.
The height of a vehicle from the underside of tire
to the top of the 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.
(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
48 feet except as provided in this subsection; 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)
When a vehicle has a crane, boom or other similar
device attached or is loaded with any material, and such crane, boom,
device or material extends four feet or more beyond the front or rear
of such vehicle, such vehicle shall be provided with a red flag not
less than 24 inches square by day and a red light visible from the
rear and an amber light visible from the front for a distance of at
least five hundred feet by night on the extreme end of the extending
portion of such crane, boom, device or material.
(5)
The provisions of this subsection shall not apply
to fire vehicles.
(6)
It shall be unlawful for any owner to permit the operation
of, or for any person to drive or operate, a vehicle in excess of
30 feet or 11 tons, along, over or through a public street or highway
in the Village of Spring Valley, unless said public street or highway
is designated as a street or highway adequate to handle vehicles exceeding
the length or weight as designated in this subsection.
(7)
The following public streets or highways in the Village
of Spring Valley are designated as capable of handling vehicles in
excess of 30 feet or 11 tons:
|
Church Street between Myrtle Avenue and Madison Avenue
[Added 11-23-2010 by L.L. No. 13-2010] | |
|
Commerce Street
[Added 11-23-2010 by L.L. No. 13-2010] | |
|
Dutch Lane
| |
|
Fairview Avenue Extension
| |
|
Jill Lane between Kearsing Parkway and the Ramapo
Town line
| |
|
Kearsing Parkway
| |
|
Main Street (Route 45)
| |
|
Maple Avenue
| |
|
Melnick Drive
| |
|
Memorial Park Drive
| |
|
Myrtle Avenue between Commerce Street and Church Street
[Added 11-23-2010 by L.L. No. 13-2010] | |
|
Robert Pitt Drive
| |
|
Route 59
| |
|
South Central Avenue
| |
|
Union Road
| |
|
West Street
|
(8)
Subsection D(6) and (7) shall not apply to nor shall they affect vehicles that are then being used for local delivery and/or pickup of merchandise or property, and shall not apply to municipal vehicles, or to official school buses that are then being used strictly for the pickup and discharge of students.
E.
Additional restriction on length; exceptions.
(1)
The total length of a combination of vehicles, inclusive
of load and bumpers, shall not be more than 65 feet.
(2)
(a)
Vehicles of a corporation which are subject
to the jurisdiction of the Interstate Commerce Commission, the Public
Service Commission or other regulatory body and 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 over-length 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 over-length
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 10 miles for the purpose of
repairs or removal from the highway.
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 46 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 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 that, 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) of this section and, in addition, shall not exceed 40,000 pounds. Axles shall be counted as provided in Subsection F of this section.
K.
Subject to the provisions of the section of this chapter governing maximum vehicle gross weights, a single vehicle, or a combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 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. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicles 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 1,000 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)
Weight formula.
(a)
The overall gross weight on a group of two or
more consecutive axles shall not exceed the weight produced by the
application of the following formula, except that two consecutive
sets of tandem axles may carry a gross load not to exceed 34,000 pounds,
provided that the overall distance between the first and last axles
of such consecutive sets of tandem axles is 36 feet or more.
|
W
|
=
|
500 [(LxN)/(N-1) + (12xN) +36]
| |
|
Where W =
|
The overall gross weight on any group of two
or more consecutive axles to the nearest 500 pounds
| ||
|
L
|
=
|
The 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
| |
|
N
|
=
|
The number of axles in the group under consideration
| |
(b)
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 subsection of this section governing maximum vehicle gross weights.
L.
No vehicle shall be operated on the public streets
or highways of the Village of Spring Valley 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 the 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 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 the state in which the vehicle
is registered, within five days after the date of issuance of the
appearance ticket or summons, but at least five days before the return
date specified on the appearance ticket or summons. Proof of mailing
to the registrant under this subsection 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 leasing or rental of motor vehicles or trailers unless
the lease or rental of motor vehicles or trailers 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 or she
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.
Violations and penalties for offenses.
(1)
A violation of the provisions of this section 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; and in both cases plus the fine provided in Subsection Q(2) of this section.
(2)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitation as set forth in any of these sections, or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether or not 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 (which fines shall be in addition to the fines as prescribed in Subsection Q(1) of this section):
|
Excess Total Weight1
(pounds)
|
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
| |
|
Greater than 30,000
|
$2,700, plus $0.06/pound2
|
|
NOTES:
| |
|
1 Where
the excess total weight is greater than the limits specified by a
United States or New York State Department of Transportation excess
weight permit, the permit shall, for the purposes of computing the
fine, be deemed void, and 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.
2 The
$0.06 per pound in addition to the $2,700 is for each pound greater
than 30,000 pounds.
|
(3)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether or not 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 (which fines shall be in addition to the fines as prescribed in Subsection Q(1) of this section):
|
Percentage of Excess Weight Greater Than1
|
Percentage of Excess Weight 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:
| |
|
1 Where the excess
axle or axles' weight is greater than the limits specified by a permit
issued by the United States or New York State Department of Transportation,
the permit shall, for the purposes of computing the fine, be deemed
void, and the amount of the 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 weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection K and also of Subsection I or J, or both Subsections I and J, of this section, 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
section; 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 Village of Spring Valley.
R.
Federal motor carrier safety regulations.
[Added 1-25-2005 by L.L. No. 2-2005]
(1)
No person shall operate or move or cause or knowingly
permit to be operated or moved, on any public street in the Village
of Spring Valley, any vehicle in violation of Federal Motor Carrier
Safety Regulations, Parts 40 382, 383 and 390 through 397.
(2)
Penalties for offenses. A violation of this subsection shall be penalized as set forth in § 249-18Q(1).
(3)
All fines collected as a result of a violation of
this subsection of the Code shall remain the property of the Village
of Spring Valley.
