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27
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ Coun ty fY- STATE Off NEW YORK
❑ Ci• DEPARTMENT OF STATE
City of Newfield .m ` {+
❑ Town , : ._. ?...�*
❑ Village JUL 26'08
Local Law No. 2 of the year 20 08 M;S,...:F;
A local law Entitled, Town of Newfield Road Weight Limits Law S+AE RE C.
(Insert Title)
Be it enacted by the Newfield Town Board of the
(Name of Legislative Bow
❑ County
❑ City of Newfield as follows:
® Town
❑ Village
(Delete this line of text and enter text of local law here)
This Local Law is enacted pursuant to the authority of section 10 of the
New York Municipal Home Rule Law and section 1660 of the New York Vehicle
and Traffic Law. This Law shall be known and cited as the Town of Newfield
Road Weight Limits Law. Upon the recommendation and report by the Town
Highway Superintendent that it is in the public good and consistent with the
maintenance of the Town Road in question, the Town Board may bydorder,rule
regulation: temporarily exclude from any portion of any town road any vehicle
with a gross weight of over four or more tons or any vehicle with a gross
weight in excess of any designated wieght on any whell, axle, any number of
axles, or per inch width of tire when in its opinion such road would be
materially injured by the operation of any such vehicle thereon.
•
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239 (Rev.05/05) Page 1 of 3
TOWN LOCAL LAW NO._OF THE YEAR 2008,
A LOCAL LAW ENTITLED, TOWN OF NEWFIELD ROAD WEIGHT LIMITS LAW
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF NEWFIELD AS
FOLLOWS:
Section 1.
This Local Law is enacted pursuant to the authority of section 10 of the New York
Municipal Home Rule Law and section 1660 of the New York Vehicle and Traffic Law. This
Law shall be known and cited as the Town of Newfield Road Weight Limits Law.
Section 2.
A. This Law shall apply to all Town Roads in the Town of Newfield.
B. Upon the recommendation and report the Town Highway Superintendent
indicating that it is in the public good and consistent with the maintenance of the Town Road in
question,the Town Board may by order,rule or regulation:
1. Temporarily exclude from any portion of any Town Road any vehicle with a
gross weight of over four or more tons or any vehicle with a gross weight in
excess of any designated weight on any wheel, axle,any number of axles,or
per inch width of tire when in its opinion such road would be materially
injured by the operation of any such vehicle thereon. Such exclusion shall
take effect upon the erection of signs on the section of road from which such
vehicles are excluded, and a notice that such vehicles are excluded shall be
published in a newspaper in the county where the road is situated. The
exclusion shall remain in effect until the removal of the signs as directed by
the Town Board. Upon written application by any operator of a vehicle
subject to this section,the Town Board may issue a permit providing
appropriate exemption to such vehicle,if it is deemed that said vehicle is
performing essential local pickup or delivery service and that a failure to grant
such permit would create hardship. Every such permit may designate the
route to be traversed and contain other reasonable restrictions or conditions
deemed necessary. Every such permit shall be carried on the vehicle to which
it refers and shall be open to inspection of any peace officer,acting pursuant
to his special duties,or police officer. Such permits shall be for the duration of
the restriction imposed under this section.
2. Exclude trucks, commercial vehicles,tractors,tractor-trailer combinations,
tractor-semitrailer combinations,or tractor-trailer-semitrailer combinations
from Town Roads specified by the Town Board. Such exclusion shall not be
construed to prevent the delivery or pickup of merchandise or other property
along the roads from which such vehicles and combinations are otherwise
excluded.
3. Exclude trucks,commercial vehicles,tractors,tractor-trailer combinations,
tractor-semitrailer combinations,or tractor-trailer-semitrailer combinations in
excess of any designated weight, designated length, designated height,or
eight feet in width,from Town Roads or set limits on hours of operation of
such vehicles on particular Town Roads or segments of such roads. Such
exclusion shall not be construed to prevent the delivery or pickup of
merchandise or other property along the roads from which such vehicles or
combinations are otherwise excluded.
4. Adopt such additional reasonable orders,rules and regulations with respect to
traffic as local conditions may require subject to the limitations contained in
the various laws of the State of New York.
C. The Town Highway Superintendent shall cause to be posted any such road,
bridge, culvert or structure which is subject to any restriction, regulation or limitation in
accordance with section 1683 of the New York Vehicle and Traffic Law.
D. The provisions of Section 2.3 which permit the delivery or pickup of merchandise
or other property along the roads on which such vehicles or combinations are otherwise excluded
shall not be deemed to permit or allow delivery or pickup other than as set forth in this
paragraph. Delivery or pickup shall include: the delivery or pickup of merchandise or other
property to or from a site that can only be reached over such road;regularly scheduled garbage,
trash or rubbish removal from any residence or business along such road;the delivery of building
products or materials to a site that can only be reached over such road;the pickup or delivery of
school children;the use of such road by farm machinery or equipment;the use by Town
employees or independent contractors hired by the Town operating road equipment for paving,
reconstructing, rebuilding or maintaining such road(including snow plowing); and the use by
fire apparatus or other emergency equipment. Delivery and pickup shall not include regular and
continuing use by such vehicles as a route to reach a particular site or as a through road between
two or more other roads not subject to similar restrictions,regulations or limitations.
E. Any person convicted of violating this Law on the first such conviction may be
punished by a fine not exceeding$250.00 and/or by a period of imprisonment not exceeding 15
days. Upon the second such conviction of said person,the fine shall not exceed$500.00 and/or
90 days imprisonment and for a third and all subsequent convictions the fine shall not exceed
$1,000.00 and the period of imprisonment shall not exceed 1 year for each such conviction.
F. Both the registered owner and operator of the vehicle in question shall be deemed
a person subject to the provisions of this Law. Both the registered owner and the operator may
be convicted of a violation of this Law and punished as set forth herein.
G. The Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to restrain by injunction the violation of this Law or
any rule,regulation or order promulgated by the Town Board pursuant to this Law
notwithstanding that this Law provides a penalty or other punishment for such violation.
Section 3.
If any part or provision of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application directly involved in the
controversy in which such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law or the application thereof to other persons or
circumstances,and the Town Board hereby declares that it would have passed this Local Law or
the remainder thereof had such invalid application or invalid provision been apparent.
Section 4.
All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby
repealed.
Section 5.
This Local Law shall take effect immediately upon filing in the Office of the State
Secretary of the State of New York as provided in section 27 of the Municipal Home Rule Law.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
(Final adoption by local legislative body only.)
►ereby certify that the local law annexed hereto,designated as local law No. 2 of 20 08 of
the(County)(City)(Town)(Village)of Newfield was duly passed by the
Newfield Town Board on July 10, 20 08 ,in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the and was deemed duly adopted
(Elective Chief Executive Officer*)
on 20 ,in accordance w ith the applicable provisions of law.
II
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
passed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general) (special)(annual)election held on
20 , in accordance with the applicable provisions of law.
•
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 ,and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval)by the on 90 .Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or,if there be none,
the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS-239 (Rev.05/os) Page 2 of 3
-5.- (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37)of
"" :Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting
sreon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto,designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 ,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local Iaw,..and was finally adopted in the manner indicated in
paragraph 1 , above. f-' //
Clerk of the county legislative body,City,Town or Village Clerk or
officer designated by local legislative body
(Sea!) Date: July 10, 2008
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
CTATE OF NEW YORK
INTY OF Tompkins
I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
•nature
Town Attorney
Title
County
Cityof Newfield
TowL
Village
Date: July 10, 2008
DOS-239 (Rev.05/05) Page 3 of 3