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HomeMy WebLinkAboutRes 89 of 2000 Traffic Ordinance RESOLUTION NO 89 of 2000 RESOLUTION ADOPTING THE TRAFFIC ORDINANCE FOR THE TOWN OF DANBY By Councilperson Strichartz: Seconded by Councilperson Gagnon WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on November 8, 2000, at 7:00 P.M. to hear all interested parties on a proposed Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Ordinance, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the N.Y.S. Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed Ordinance would not have a significant effect upon the environment and could be processed without further regard to SEQR, and WHEREAS, the Town Board is authorized to adopt such Ordinance pursuant to Town Law Section 130 and Vehicle and Traffic Law Section 1660; now therefore, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED,that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to (a) Enter such Ordinance into the minutes of the Town Board; (b) Publish such Ordinance or a summary thereof in the official newspaper of the Town and file the affidavit of such publication in the Town Clerk's Office; and ( c) Enter a copy of such Ordinance into the Town's "Ordinance Book: maintained by the Town Clerk pursuant to Town Law Section 30 (1). STATE OF NEW YORK ) COUNTY OF TOMPKINS)SS: TOWN OF DANBY ) I Carol W. Sczepanski,Town Clerk in the Town of Danby,a Municipal Corporation of the County of Tompkins, State of New York, hereby certify that the forgoing resolution is a true and exact copy of a resolution duly adopted by the Town Board of said Town of Danby at a Special meeting held on the27th day December_2000, • IN WITNESS WHEREOF, I have hereunto set my hand and the Seal of the Town of Danby this 28th day of December,2000. - • Carol W. Sczepan own Clerk TRAFFIC ORDINANCE FOR THE TOWN OF DANBY Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Danby, Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer combination, or tractor-trailer-semitrailer combination, with a gross weight of fifteen or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway, the deliver of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway(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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Temporary Exclusion of Vehicles from Certain Highways. Pursuant to Vehicle and Traffic Law Section 1660(a)11, upon recommendation and report of the Town Highway Superintendent indicating it is in the public interest the Town Board may by order temporarily exclude from any portion of any Town highway any vehicle and a gross weight of over four 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 highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board. Upon written application by any operator 2 Town of Danby Proposed Traffic Ordinance 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 to any police officer. Such permits shall be for the duration of restriction imposed under this section. Section 5. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 6. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Section 7. Injunctive Relief. The Town Board may,in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule,regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 8. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. This ordinance was duly adopted by the Town Board of the Town of Danby on the 27th day of December 2000. at, /1) at,U Carol W. Scze : r ski, Town Clerk 12/28/00 Le'als '''• ' '500 it :. h - equipment. Delivery and > pickup shall not include S —" ;f regular and continuing use ; Section 5.Penalties.Any tt by such vehicles as a route i person convicted of violating to reach a particular site or I this ordinance on the first i as a through highway be- conviction may be punished ' tween two or more other j by a fine not exceeding — i highways not subject to simi- $250.00 and/or by a pe- TRAFFIC ORDINANCE i lar restrictions, regulations riod of imprisonment not • FOR THE TOWN or limitations. i exceeding 15 days. Upon. OF DANBY the second conviction of • Section 3.Prohibition of j said person the fine shall not Pursuant to section 130 oft ` Heavy. Vehicles from ,exceed$500.00 and/or 90 the town Law of the State of ; Certain Culverts. No•ve- 'days imprisonment and for New York, and section i hide with a gross weight of a third and all subsequent 1660 of the Vehicle and; I ten or more tons shall cross • convictions the fine shall not Traffic Law of the State of( ; over the culvert on Gun- exceed $1,000.00 and the New York, the Town Board' Berman Road located period of imprisonment shall of the Town of Danby Tomp- approximately.200, feet not exceed 1 year for each i kins County,New York does; I westerl on Gunderman such conviction. • ordain and enact as follows: I Road from its intersection } with N.Y.S. Route 96B. Section 6.Owner of Ve- 1. Territory Af hide.The owner of the ye- Section fected.This Ordinance shall) : Section 4. Temporary hide shown on the.most re- withinpthe Town of all Danby.ry, from'Certain. High- 'any vehicle fo9idrviolat nfor • ways. Pursuant to Vehicle any provision of this Ordi-- Section 2.Prohibition of and Traffic Law/ Section nance, as well as the oper- ' Trucks Vehicles -from' 1660(a)l 1, upon rec- ' ator of any such vehicle, Certain Highways. r ommendation-and report of ; may•be convicted of a vio- the Town Highway.Superin- i lotion of this Ordinance and (a) Any truck, commercial j tendent indicating-it is:in the • punished as set forth herein. vehicle,tractor,tractor-troller. public interest the Town • • combination, tractor-) I Board may by order tern- ; Section 7.Injunctive Re- semitrailer combination, or j porarily'exclude from any lief.The Town Board may, tractor-trailer-semitrailer) j portion of any Town high- '' in addition to any other rem- combination with a gross: 1 `way any vehicle and a gross edy available to it in law or weight of fifteen or morel t weight of over four tons or equity,maintain an action or tons shall be excluded fromi 1 any vehicle with a gross proceeding in the name of that portion of East Miller; ; weight in excess of any des- ,the Town in a court of corn- Rood from its intersection, ,. ignated weight of over four petent jurisdictionrto restrain • with'Coddington Road west-' { tons or any vehicle•with a by injunction the'violation of ward to N.Y.S. Route 968..1 I gross weight in excess of •this Ordinance or any rule, any designated weight on ;regulation or order promul- tb1 The foregoing exclusion, I any wheel axle, any hum- i gated by the Town Board shall not prohibit the delis": i ber of axles, or'per inch notwithstanding that this Or- ery or pickup of merchan--' �width of tire when'in its dinance provides a penalty dise or other property along , opinion such highway or other punishment for such the highways from which would be materially injured violation. such vehicles are otherwise' l by the operation of any such - 6/(1 ---) excluded.Delivery or pickup) ,• vehicles thereon.Such exclu- i Section 8. Effective shall include: regularly sion shall take effect upon Date: This ordinance shall scheduled garbage,trash on I the erection of signs on the be effective upon the later of rubbish removal from any; —section of, highway from j 10 days after publication hrch-ucti=ve icles are ix- and posting in accordance residence along such high- cluded, and a notice that with Section ,133 of the way, the deliver of building' such vehicles are excluded 'Town Law, Provided that no products or materials to al shall be published in the of- . person shall be found in vio- , site that can only be reached ficial town newspaper. The lotion of this Ordinance if over such'highway; the' I exclusion shall remain in ef- the appropriate traffic con- pickup or delivery of,school: fect until the removal of the trol device related to the al- L.children; the use by farm; signs as directed•by the ' leged infraction.,was not ..machinery orequipment;the Town Board. Upon written properly installed: i use by town employees op-� ;application by any-operator \ ; f grating town highway ,of a vehicle subject to this This ordinance was duly O 1 I . i, equipment for paving, re- section,the Town Board may adopted by the Town Board \ \\ 1\\ constructing, rebuilding on issue a permit providing on the 27th'.day of ' . I maintaining such highway, appropriate exemption to •December 2000. • l/\ r (including snow plowing such vehicle if it is deemed, • d and the use by fire appara-• that said vehicle is.perform-' Carol W. Sczepanski tus or other 'emergency; ng essential local pickup or • Town Clerk I delivery service and that a January 4, 2001 t 111)) failure to grant such permit M forNext I. would create hardship. Ev- ery such permit may des- P /` i Ilk + I ignate the route to be tra- ' q s -Pa•er. versed and •contain other ` reasonable restrictions or • - - . - r conditions deemed neces- ' • sary.Every such permit shall • be carried on the vehicle to which it refers and shall be • open to 'inspection of any peace officer, acting pursu- ant to his special duties, or to any police officer. Such • • permits shall be for the dura- ' '. tion of restriction imposed 1 under this section. • 1 U`-' TRAFFIC ORDINANCE FOR THE TOWN OF DANBY Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Danby, Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer combination, or tractor-trailer-semitrailer combination,with a gross weight of fifteen or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway, the deliver of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway(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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Temporary Exclusion of Vehicles from Certain Highways. Pursuant to Vehicle and Traffic Law Section 1660(a)11, upon recommendation and report of the Town Highway Superintendent indicating it is in the public interest the Town Board may by order temporarily exclude from any portion of any Town highway any vehicle and a gross weight of over four 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 highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board. Upon written application by any operator 2 Town of Danby Proposed Traffic Ordinance 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 to any police officer. Such permits shall be for the duration of restriction imposed under this section. Section 5. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 6. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Section 7. Injunctive Relief The Town Board may,in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule,regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 8. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. This ordinance was duly adopted by the Town Board on the 27th day of December 2000. Carol W. Sczepanski Town Clerk Dated: January 02,2001 Publish: January 04, 2000 TOWN .OF .DANBY ID :607-277-0559 JAN 02 ' 01 13 :57 TRANSMIT CONFIRMATION REPORT NO . 002 RECEIVER 6072724335 TRANSMITTER TOWN .OF .DANBY DATE JAN 02 '01 13 : 57 DURATION 01 ' 46 MODE STD PAGES 03 RESULT OK � L .:. t.;4"-'4^vas. TOMPKINS` sT,COUNTY. � r t2 y L `� �T N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD (607)2774788 ITHACA,NEW YORK 14850-9419 Fax: (607)277-0559 3 F A X TRANSMITTAL SHEET DATE: / - O — O FAXED TO: i! O/c (JPhf Icc1€ FAX NUMBER: c � _ (193 Ss FAXED FROM: TOWN OF A BY NUMBER OF PAGES (Including Cover Page) COMMENTS: / - 4a.t" /0/161( dki6,0 co D TRAFFIC ORDINANCE FOR THE TOWN OF DANBY Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Danby, Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer combination, or tractor-trailer-semitrailer combination, with a gross weight of fifteen or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway, the deliver of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway (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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Temporary Exclusion of Vehicles from Certain Highways. Pursuant to Vehicle and Traffic Law Section 1660(a)11, upon recommendation and report of the Town Highway Superintendent indicating it is in the public interest the Town Board may by order temporarily exclude from any portion of any Town highway any vehicle and a gross weight of over four 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 highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board. Upon written application by any operator 2 Town of Danby Proposed Traffic Ordinance 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 to any police officer. Such permits shall be for the duration of restriction imposed under this section. Section 5. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 6. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Section 7. Injunctive Relief. The Town Board may, in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 8. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. This ordinance was duly adopted by the Town Board of the Town of Danby on the 27th day of December 2000. Carol W. Scze�ai-`ski, Town Clerk 12/28/00 14.16.4(9/95)—Text 12 PROJECT I.D. NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME --571/CT—TN. of -JA 11.+71 TZN,)1"--' 304.✓ — 'fayvsA v-e-- ba>nt,‘,1 TYr{ 'iLOrdt►mi44Q, 3. PROJECT LOCATION: Municipality P4 v.'4,LI 1 County �la�s 4. PRECISE LOCATION(Street address and road in%;rsectlons,prominent landmarks, etc.,or provide map) C r v)XJ VO 1 -S) 5. IS PROPOSED ACTION: ONew ❑Expansion ❑Modillcatlon/alteralion 6. DESCRIBE PROJECT BRIEFLY: /�/+ A A0 p-}-,vv.. o.fj -rvu)...-Tir7� t�-i C� 014 1 v�4.+n c,¢. 7. AMOUNT OF LAND AFFECTED: 7 2. " "I 1441 l,,?/J C LA (6A. (' 1-ZrzAJ 1,A, Vt A 4.0, Initially acres Ultimately acres 5 2 bvt,I Lt. . - 1zt I Tow 4Y A..d 8. WIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTR(CTIONS7 = 34,5//44. . 1-7 Yes ❑No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 4.Residentlal ,IndustrIal NKCommerclal Agricuituro .Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? I ❑Yes into it yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑Na N.t- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE "1"-C11.3 vk o C .1- 4 A.-b Tov.)v.. PJo ) l t l 1 I Lib Applicant/sponsor name: Date: Signature: �4 4Le n.' ✓h r Ci�"4^i ��iQ► '�'1T21.Jlti�7 C.fV l5 CTI� If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER • 1 • ,.f II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRA, PART 617.4? II yes, coordinate the review process and use the ❑Yes ,No rsn• .� B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No.a negative decl�r�l�r may be superseded by another involved agency. Yes •ilh^(•Ifo g .rt C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, it legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or dia 9 p p potential for erosion, drainage or hooOding problems? Explain brijefly:/�� Posal,fri/C-121A-7e-- C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?Explain brielly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. • • CS. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term,cumulative, or otner effects not identified in C1•C5? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑Yes ❑No E. IS THERE,OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must eva! PART H-ENVIRONMENTAL ASSESSMENT -TOWN OF DANBY TRAFFIC ORDINANCE ATTACHMENT Cl. There would be a beneficial impact to many of these factors in that the Town will be better able than at present to control damage to roadways by overweight vehicles. The roadway damage not only can include damage to the road surface itself, but may also include impacts with respect to drainage and erosion. Indirect beneficial impacts include the reduction of heavy truck traffic and related traffic noise in local neighborhoods where the roadway is not of a capacity for such traffic. C2. No significant adverse impacts are expected. Beneficial impacts are expected with neighborhood character with respect to the reduction of damage to local roadways. C3. No significant adverse impacts are expected, as related to the comments in Cl above. C4. The ordinance is consistent with Town policy related to efficient and economic highway maintenance planning. There would be a reduction in use intensity on roads designated for heavy truck restriction or exclusion. C5. Some heavy truck traffic would be rerouted to roads capable of their weight. This should not represent a significant adverse environmental impact provided that those roads are maintained for such traffic. C6. As in C5 above. C7. No significant adverse impacts are expected. Inconveniences perceived by some private trucking businesses are expected to be outweighed by the benefits to the Town in its road maintenance operations. D. No. There are no CEA's in the Town. E. No controversy is known at the time of this review. Town of Danby Town Board, Lead Agency Edward Inman, Town Supervisor Naomi Strichartz, Deputy Town Supervisor Susan Beeners, Preparer 11/7/00 BARNEY, GROSSMAN, DUBOW & MARCUS ATTORNEYS AT LAW SENECA BUILDING WEST JOHN C. BARNEY SUITE 400 PETER G. GROSSMAN FACSIMILE DAVID A. DueoW 119 EAST SENECA STREET (607) 272-8806 RANDALL B. MARCUS ITHACA, NEW YORK 14850 (NOT FOR SERVICE OF PAPERS) WILLIAM J. TROY III JONATHAN A. ORKIN (607) 273-6841 November 16, 2000 Carol W. Sczepanski, Town Clerk Town of Danby 1830 Danby Road Ithaca,New York 14850 Bill Hall, Town Highway Superintendent Town of Danby 1830 Danby Road Ithaca,New.York 14850 Re: Traffic Ordinance Dear Carol and Bill: Pursuant to my telephone conversation with Bill Hall on Thursday, enclosed is a revised draft of the Traffic Ordinance for consideration by the Town Board. The only change from the prior draft is that former Section 4, permitting temporary posting of highways, has been omitted since we understand Bill has authority to make such closures under other provisions of the Highway Law anyway. The sections after Section 4 have been renumbered to reflect that deletion. Otherwise, this draft is in the same form as previously submitted. If you or any members of the Town Board have any questions, I would be happy to try and answer them. With best regards. Sincerely yours, 3 JCB:sls Enclosure d gAloif 20oo 1444 A• 6 4 5 11%")'')K���}J rW TRAFFIC ORDINANCE FOR THE TOWN OF DANBY ',,lam /.03 \ Pursuant to Section 130 of the Town Law of the State of New York, and Sect.8 i a! of th- , t,``c" Vehicle and Traffic Law of the State of New York, the Town Board of the Tow , itgoalbAV r Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer.g ( combination, or tractor-trailer-semitrailer combination,with a gross weight ofd or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway; the deliver of building products or materials to a site that can only be reached over such highway;the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway(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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 5. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. . Traffic Ordinance;wp80;Denby;11/16/0.12:8PM Section 6. Injunctive Relief. The Town Board may,in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 7. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. 2 TOWN OF DANBY PUBLIC HEARING MINUTES TRAFFIC ORDINANCE NOVEMBER 8, 2000 PRESENT: Deputy Supervisor: Naomi Strichartz Councilpersons: Joel Gagnon,Norbert Nolte, Gladys Varona-Lacey EXCUSED: Supervisor Edward Inman Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer William Hall - Highway Superintendent Members of the Public: Carl Seamon, Cindy Whittaker, Sue Howe, Ray & Charlotte Mayo, John Shepardson Sr., Bill Keokowsky, Laurene Gilbert, Debbie Davis, Cynthia&Philip Smith, Jay Tifone, Amanda Crowley, Jim Davis, Robert Rorick, Joe Rorick, Jackie Fenton, Pat Woodworth, Faith Chase, Mike Dawson Public Hearing Declared Open Deputy Supervisor Naomi Strichartz declared the public hearing open at 7:00 p.m. and read the following "Notice of Publication": "PLEASE TAKE NOTICE, that the following public hearings will be held by the Town Board of the Town of Danby on Wednesday, November 8, 2000 at 7:00 P.M. at 1830 Danby Road, Ithaca, New York. Purpose of the hearing is to consider a Proposed Town of Danby Traffic Ordinance regulating vehicle gross weight limits on Town of Danby roads. A copy of the proposed Town of Danby Traffic Ordinance may be obtained from the Town Clerk at 1830 Danby Road, Ithaca, New York during regular hours, Tuesday - Friday 9:00 a.m. - 4:00 p.m. and Saturdays 9-12:00 noon. All interested persons will be given the opportunity to be heard either in person or in writing. The Agenda meeting of the Board will follow the public hearings. By Order of the Town Board Carol W. Sczepanski, Town Clerk Published: October 27, 2000" Deputy Supervisor Strichartz reported to the public present that the purpose of the Proposed Traffic Ordinance is to protect our roads and the quality of life for our residents. All members who wish to speak will be heard and are limited to three (3) minutes. 2 Public Hearing Minutes Proposed Traffic Ordinance Public Comment: Ray Mayo-335 Ridgecrest Road-Thanked this Town Board for doing what he thinks is an excellent job this past year as it is one best he has seen in his forty plus years here. He said he thinks that this traffic ordinance is one of the best things we can do and would like to see the limits extended to other roads as they get a lot of tractor trailer trucks on Ridgecrest Road. Mike Dawson - owner of Dawson Trucking - said that most damage on roads is from freezing and thawing. He also reported that a SUV puts more pressure on roads than his dump trucks. Jackie Fenton- 1380 Coddington Road - sand and gravel truck traffic heavy on her road and would like to see it limited. Jim Davis - Bald Hill Road - questioned the four (4) ton limit. Highway Superintendent William Hall reported that the proposed ordinance is primarily for only East Miller Road and each road must be done separately. John Shepardson - 80 Muzzy Road - approves of the ordinance. Ann Lee - West King Road - reported that semi tractor trailers travel on West King Road and they do not need heavy truck traffic on their road. Laurene Gilbert- Gilbert Road - has been designing and building roads for fourteen years and sees deterioration on East Miller Road due to the heavy truck traffic on East Miller Road. To build the road properly would cost more than the entire Town budget so the solution would be to limit traffic. Bill Keokosky - East Miller Road - reported that he approached the Board this year with a presentation of the problems and damage from truck traffic on East Miller Road. He said that the Highway Superintendent has had 22 years experience and he would defer to him to decide which roads, in what order and how they ought to be supervised regarding truck traffic. Mike Dawson - suggested that East Miller Road be posted with axle weight limits. Ray Mayo - asked if there would be exclusions other than the Gunderman Road culvert. Highway Superintendent Bill Hall said that those provisions for the culvert were necessary and the road should be used only in an emergency situation when absolutely necessary. Cindy Whittaker - Highway Superintendent of the Town of Caroline - have a traffic ordinance in Caroline and agrees that one or two truckers make a bad name for all of them. She would be interested in how this would be enforced. She has a problem getting officers of law enforcement to respond for overloaded trucks. She reported that the intent is not to shut off truck traffic but to route them to roads that are designed for truck traffic. 3 Public Hearing Minutes Proposed Traffic Ordinance Carl Seamon - Highway Department employee - concern of the weighing of trucks. Deputy Supervisor Strichartz reported that the Board would consider the comments heard tonight and would address further the proposed local law at their regular meeting on Monday,November 13, 2000. Public Hearing Declared Closed: Deputy Supervisor declared the public hearing closed at 7:25 p.m. Carol W. Sczepanski, Town Clerk phm-11-8-00 Traffic Ord. �._ a ,VO■ TOWN OF DANBY PUBLIC HEARING MINUTES TRAFFIC ORDINANCE NOVEMBER 8, 2000 PRESENT: Deputy Supervisor: Naomi Strichartz Councilpersons: Joel Gagnon, Norbert Nolte, Gladys Varona-Lacey EXCUSED: Supervisor Edward Inman Others Present: Carol Sczepanski - Town Clerk Susan Beeners - Code Enforcement Officer William Hall - Highway Superintendent Members of the Public: Carl Seamon, Cindy Whittaker, Sue Hall, Ray & Charlotte Mayo, John Shepardson Sr., Bill Keokowsky, Laurene Gilbert, Debbie Davis, Cynthia& Philip Smith, Jay Tifone,Amanda Crowley, Jim Davis, Robert Rorick, Joe Rorick, Jackie Fenton, Pat Woodowrth, Faith Chase, Mike Dawson Public Hearing Declared Open Deputy Supervisor Naomi Strichartz declared the public hearing open at 7:00 p.m. and read the following "Notice of Publication": "PLEASE TAKE NOTICE, that the following public hearings will be held by the Town Board of the Town of Danby on Wednesday, November 8, 2000 at 7:00 P.M. at 1830 Danby Road, Ithaca, New York. Purpose of the hearing is to consider a Proposed Town of Danby Traffic Ordinance regulating vehicle gross weight limits on Town of Danby roads. A copy of the proposed Town of Danby Traffic Ordinance may be obtained from the Town Clerk at 1830 Danby Road, Ithaca, New York during regular hours, Tuesday - Friday 9:00 a.m. - 4:00 p.m. and Saturdays 9-12:00 noon. All interested persons will be given the opportunity to be heard either in person or in writing. The Agenda meeting of the Board will follow the public hearings. By Order of the Town Board Carol W. Sczepanski, Town Clerk Published: October 27, 2000" Deputy Supervisor Strichartz reported to the public present that the purpose of the Proposed Traffic Ordinance is to protect our roads. All members who wish to speak will be heard and are limited to three (3) minutes. ? Public Hearing Minutes Proposed Traffic Ordinance Public Comment: Ray Mayo - 335 Ridgecrest Road - approves of the ordinance and would like to see the limits extended to other roads as they get of truck traffic on Ridgecrest Road. Mike Dawson- owner of Dawson Trucking - said that most damage on roads is from freezing and thawing. He also reported that a SUV puts more pressure on roads than his dump trucks. Jackie Fenton - 1380 Coddington Road - sand and gravel truck traffic heavy on her road and would like to see it limited. Jim Davis - Bald Hill Road - questioned the four (4) ton limit. Highway Superintendent William Hall reported that the proposed ordinance is primarily for only East Miller Road and each road must be done separately. John Shepardson - 80 Muzzy Road - approves of the ordinance. Ann Lee - West King Road - reported that semi tractor trailers travel on West King Road and they do not need heavy truck traffic on their road. Laurene Gilbert- Gilbert Road - has been designing and building roads for fourteen years and sees deterioration on East Miller Road due to the heavy truck traffic on East Miller Road. To build the road properly would cost more than the entire Town budget so the solution would be to limit traffic. Bill Keokosky - East Miller Road - reported that he approached the Board this year with a presentation of the problems and damage from truck traffic on East Miller Road. He said that the Highway Superintendent has had 22 years experience and he would defer to him to decide which roads, in what order and how they ought to be supervised regarding truck traffic. Mike Dawson - suggested that East Miller Road be posted with axle weight limits. Ray Mayo - asked if there would be exclusions other than the Gunderman Road culvert. Highway Superintendent Bill Hall said that those provisions for the culvert were necessary and the road should be used only in an emergency situation when absolutely necessary. Cindy Whittaker - Highway Superintendent of the Town of Caroline - have a traffic ordinance in Caroline and agrees that one or two truckers make a bad name for all of them. She would be interested in how this would be enforced. She has a problem getting officers of law enforcement to respond for overloaded trucks. She reported that the intent is not to shut off truck traffic but to route them to roads that are designed for truck traffic. Carl Seamon- Highway Department employee - concern of the weighing of trucks. w . 3 Public Hearing Minutes Proposed Traffic Ordinance Deputy Supervisor Strichartz reported that the Board would consider the comments heard tonight and would address further the proposed local law at their regular meeting on Monday,November 13, 2000. Public Hearing Declared Closed: Deputy Supervisor declared the public hearing closed at 7:25 p.m. . 4 Carol W. Sczep..'s i, Town Clerk phm-11-8-00 Traffic Ord. NOV. 9.2000 5:24PM BARNEY GROSSMAN DUBOW & MARCUS NO.47S P.2/8 v . � BARNEY, GROSSMAN, IDUBOW & MARCUS ATTORNEYE AT LAW BARNEY ENECA BUILDING WEB,* J OHN B C. SUITE 400 ACS!MILE PRYOR G.GRO4SMAN 119 EAST SENEcA STREET (8O7) 272.8800 DAVID A. DuoOW RANDALL B. MAneue ITHACA, NEW YORK 14890 (NOT FOR HERwca OP PAPERS) W)LI-1&M J.TROY III J 9NAYNAN A.ORKIN (607) 273.6641 November 9,2000 VIA FACSIMILE Carol W. Sczepanski, Town Clerk Town of Danby 1830 Danby Road Ithaca,New York 14850 Re: Traffic Ordinance Dear Carol: I understand there was some question at last night's meeting regarding the re-formatting of the proposed Traffic Ordinance. When I reviewed the Traffic Ordinance for the purposes of preparing a resolution adopting it, I was puzzled as to the way in which it was drafted. Essentially, it gave no authority to the Town Board that the Town Board did not already have. Vehicle and Traffic Law, Section 1660, authorizes a town board to take certain actions relative to town highways. Attached is a copy of Section 1660. I have highlighted subdivisions 11, 17, and 28. If one looks at the original draft of the Traffic Ordinance, it does nothing but repeat verbatim the language of Section 1660, Thus the Town already has the authority to take the actions that the proposed Traffic Ordinance would have given it What most Traffic Ordinances do is to implement that authority with specific references to areas where actions need to be taken. Accordingly, I spoke to Bill Hall and he indicated that the concern was with truck traffic over Fast Miller Road and the weight limitations over the culvert on Gunderman Road. Thus the proposed Traffic Ordinance we submitted suggested actual limitations to be enforceable with respect to those two locations. While it was not necessary, I left in the section allowing temporary closure of roads. Bill indicates that this happens from time to time in the spring. I did point out to him,however,that to be legally enforceable, any temporary closing should be pursuant to order of the Town Board and not unilaterally by him (see Section 1660(a)(11)). NOV. 9.2000 5:25PM BARNEY GROSSMAN DUBON & MARCUS NO.473 P.3/8 BARNEY, GROSSMAN, DUBOW & MARCUS Carol W. Sczepanski, Town Clerk November 9, 2000 Page 2 The Town Board is certainly free to adopt any Traffic Ordinance it chooses . However,it seemed wiser to adopt an ordinance that implements the authority granted by Section 1660 rather than simply restating it. Please feel free to share this with any members of the Town Board that might be interested. With best regards. Sinc ely ours, JCB:sls Attachments xc: Ms.Naomi Strichartz Deputy Town Supervisor (w/attachments) NOV. 9.2800 5:25PM BARNEY GROSSMAN DUBOW & MARCUS NO.473 P.4/8 • ART 41 VEHICLE AND.TRAFFIC LAW § 1660 -0, Section 16604, Traffic regulations at parking areas and driveways of hospitals, 1; shopping centers, private apartment complexes, fire stations, pri- ;'s vate condominium complexes, industrial parks and industrial i, complexes 1661. [Repealed] 1662. Additional traffic regulation's in towns in the county of Suffolk 16624. Speed limits in certain towns 1663. Special speed limits on bridges and other elevated structures 1664, Application of article HISTORY: Add, L 1959, ch 975, eft Oct 1, 1960, with substance transferred from former Art 2S. CROSS REVERENCES: This article referred to in§ 1664. RESEARCH REFERENCES AND PRACTICE AIDS: 65 NY Jur 24 Highways, Streets,and Bridges §541. Auto-Cites: Cases and annotations referred to herein can be further researched through the Auto-Cite computer-assisted research Use Auto-Cite to check citations for form, parallel and later history, and annotation references, § 1660. Traffic regulation in all towns m (a) The town board of any town with respect to highways outside of villages 11 in an'�y' sue town, tun iii g state highways maintained by the state except with respect to subdivisions six, eight, nine and ten,.subject to the limitations imposed by section sixteen hundred eighty-four by ordi- nance, order, rule or regulation: 1, Designate county roads and town highways as through highways and order stop signs, flashing signals or yield signs erected on county roads or town highways at specified entrances to such through highways or desig- nate any intersection except those where one or more entering highways • is a state highway maintained by the state as a stop intersection or a yield intersection and order like signs dr signals at one or more entrances to such intersections. 2. Upon a roadway which is divided into three lanes, allocate the center lane exclusively for traffic moving in a specified direction. 3. Order signs erected directing slow-moving traffic, trucks, buses or specified types of vehicles to use a designated lane, or with signs, signals or markings designate those lanes to be used by traffic moving in a ,particular direction regardless of the center of the roadway. 4. Determine those highways or portions of highways which shall be marked,to indicate where overtaking and passing or driving to the left of or crossing such markings would be especially hazardous in accordance 293 NOV. 9.2000 5:26PM BARNEY GROSSMAN DLIBOW & MARCUS NO.473 P.5/8 I ` § 1660 CONSOLIDATED LAWS SERVICE ART 41 with the standards, minimum warrants and sign or marking specifications 'i ' established by the department of transportation. , i,., . 5. Regulate traffic by means of traffic-control signals. . 6.(i) License, regulate or prohibit speed contests, races, exhibitions of .. speed, processions, assemblages, or parades. Whenever such a speed '' contest, race, exhibition of speed, procession, assemblage or parade 'i' ', authorized by a local authority will block the movement of traffic on a state highway maintained by the state, or on a highway which connects ' . two state highways maintained by the state to make a through route, for a period in excess of ten minutes, such authority must, prior to such blocking, provide and designate with conspicuous signs a detour adequate to prevent unreasonable delay in the movement of traffic on i,-.I said state highway maintained by the state. (ii) Prohibit vehicles engaged in retail sales of frozen desserts as that `,. term is defined in subdivision thirty-seven of section three hundred ;''. ' seventy-five of this chapter directly to pedestrians from stopping for , the purpose of such sales on any highway within such town or on all such highways. Nothing herein shall be construed to prohibit the ' , operator of such vehicle from stopping such vehicle off of such high- way, in a safe manner, for the sole purpose of delivering such retail product directly to the residence of a consumer or to the business . ,. address of a customer of such retailer. 7. Prohibit or regulate the operation and the stopping, standing or park- f ing of vehicles in cemeteries and in public parks. 8. Provide for the removal and storage of vehicles parked or abandoned ;i' on highways during snowstorms, floods, fires or other public emergencies, ,;' or found unattended where they constitute an obstruction to traffic or any },' place where stopping, standing or packing is prohibited and for the ". payment of reasonable charges for such removal and storage by the lw. owner or operator of any such vehicle. .f. 9. Provide for the installation, operation, maintenance, policing and su- , : pervision of parking meters, establish parking time limits at such meters, j'. designate hours of operation of such meters, and fix and require the payment of a fee applicable.to parking where such meters are in opera- ; ', tion. The town board of any town may exercise these powers on behalf and at the expense of a public parking district with respect to highways ,,,i, ' ., outside of villages but within siich public parking district, in which event the fees from such parking meters shall belong.to such district, and the +f cost of operation and maintenance thereof shall thereafter be borne by , ' ;' such public parking district. ,� k. 10. Establish a system of truck routes upon which all trucks, tractors, ': ,,p and tractor-trailer combinations having a total gross weight in excess of ` •h: ten thousand pounds are permitted to travel and operate and excluding ; such vehicles and combinations from all highways except those which , 6' ,', constitute such truck route system. Such exclusion shall not•be construed to prevent the delivery or pickup of merchandise or other property along .'`'•'!",la . 294 ,;., ;. NOV. 9.2000 5:27PM BARNEY GROSSMAN DUBOW & MARCUS NO.473 P.6/8 I1; ;� A ' ART 41 VEHICLE AND TRAFFIC LAW § 1660 1 `i the highways from which such vehicles and combinations are otherwise excluded. Any such system of truck routes shall provide suitable connec- 4 ti with all state,routes entering or leaving such town. p 11. Temporarily exclude from any portion of any town highway 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 l number of axles,, or per inch width of tire when in its opinion such ' highway 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 highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in a newspaper in the 4 county where the highway 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 tra- versed 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. 12. Prohibit, restrict or regulate the operation of vehicles on any controlled-access highway or the use of any controlled-access highway by any vehicle, device moved by human power or pedestrian. 13. Prohibit or regulate the turning of vehicles or specified types of vehicles at intersections or other designated locations. 14. Regulate the crossing of any roadway by pedestrians. 15. Authorize angle parking on any roadway. '16. Designate any highway or any separate roadway thereof for one-way traffic. L17. Exclude trucks, commercial vehicles, tractors, tractor-trailer combina- tions, tractor-semitrailer combinations, or tractor-trailer-semitrailer com- binations from highways specified by such town board. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise . or other property along the highways from'which such vehicles and combinations are otherwise excluded. Prohibit, restrict or limit the stopping, standing or parking of vehi- cles. 0 19. Designate safety zones. 20. [Repealed] 21. Designate a portion of a slope as a path for the use of bicycles. 22. Order Signs or markings to identify the portion of the highway to be used for bicycle travel. , • 295 NOV. 9.2000 5:27PM BARNEY GROSSMAN DUBOW & MARCUS NO.473 P.7/B ' 23. Designate preferential use lanes for 'specified types or classes of + .� ', vehicles. ' ,, .-ti> 24. Prohibit, restrict or regulate the operation of limited use vehicles on any street or highway. , ': 25. Adopt such additional reasonable ordinances, orders, rules and regu- 4x y' lations with respect to traffic as local conditions may require subject to ,^ the limitations contained in the various laws of this state. :. . 26. Make special provisions with relation to sto in standing'or parking Pp g,� t,... ti of vehicles registered pursuant to section four hundred four-a of this 'F: .�i chapter or those possessing a special vehicle identification parking permit .... 4 issued in accordance with section one thousand two hundred three-a of ,; this chapter. 27. Declare a snow emergency and designate any highway or portion ',;: ;i thereof as a snow emergency route. ', , S. Exclude trucks, commercial vehicles, tractors, tractor-trailer combina- ''i dons, tractor-semitrailer combinations, or tractor-trailer-semitrailer corn- a binations in excess of any designated weight, designated length, '? '.�, designated height, or.eight feet in width, from highways or set limits on `,;;,: .'t� hours of operation of such vehicles on particular town highways or '' segments of such highways. Such exclusion shall not be construed to F - r1 prevent the delivery or pickup of merchandise or other property along the ' s. Highways from which such vehicles or combinations are otherwise ex- ,_.:, eluded. — (b).Each such town board shall cause to be determined, for all bridges and '. i;a elevated structures under its jurisdiction, the capacity in tons of two thou- . ),- i sand pounds which the bridge'or structure will safely carry. At bridges or ;"` Structures of insufficient strength to carry safely the legal loads permissible ,. ,''' by section three hundred eighty-five of this chapter, the town board shall 4 Di cause signs to be erected to inform persons of the safe Capacity. "4 (c) Each such town board shall cause signs to be erected to inform persons . ',,. of the legal overhead clearance for all bridges and elevated structures on j �; •highways under its jurisdiction. The legal clearance shall be one foot less th, than the measured clearance. The measured clearance shall be the minimum 't. !;`4 height to the bridge or structure measured vertically from the traveled .b. .., portion of the roadway. On bridges or structures having fourteen feet or More of measured clearance,,no such signs shall be required. :, (d) Such a. town board also may by ordinance, order,'rule or regulation ' ; Y I prohibit, restrict or limit the stopping, standing or parking of vehicles upon ., pon ' T property owned'or leased by such town. .(e) Any town with a population of seven hundred thousand or more may by local law or ordinance, provide for the removal and storage of vehicles parked on private property upon r equest of the owner of such private , .14 property, where such vehicles constitute an obstruction to the private prop- . E erty owner's right of ingress and egress, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such ,k 296 ,y' ,. . NOV. 9.2000 5:28PM BARNEY GROSSMAN DUBOW & MARCUS NO.473 P.8/8 ART 41 VEHICLE AND TKAI101G LAW § I vehicle. Such local law or ordinance shall be applicable only in the unit porated areas of such town, (f) No town shall enact any local law or ordinance to prohibit the uk sidewalks by persons with disabilities who use either a wheelchair o: electrically-driven mobility assistance device being operated or drivel such person. ' HISTORY: Add, L 1959, ch 775, with substance transferred from former§ 1660; amd; L 1960 eh 300,§59,L 1960, ch 934, § 15, off Oct 1, 1961. Sub(a), formerly entire section, so lettered and amd. L 1960, oh 934, §15, eff Occ 1, 1961. Sub(a),opening par, amd, L 1961,oh 305, § 1, off Oct 1, 1961. Sub (a), par 4, amd, L 1968, ch 83, §5, L 1968, ch 420, §340, L 1971, oh 206, §5 off Oct 1, 1971. Par, so lettered, L 1981, ch 224, §6 Sub (a), paa r 6, subpar (), formerly opening p amd,L 1991,ch 247, §6, eff Jas 1, 1992. Sub(a),par 6.subpar(ii),add, L 1981, oh 224, §6, eff Sept 1, 1982. Sub(a),per 9, said,L 1966, eh 722, § 1,eff Sept 1, 1968. Sub (a),'par 10, add, L 1960, eh 300, §59, transferring substance from former sul (a),par 9, of§ 1661,and add,L 1960, ch 934, § 15, off Oct 1, 1961. Sub (a), par 11, add, L 1960, ch 934, §13; amd, L 1962, oh 730, § 1, L 1980, cl 843, §101, of Sept 1, 1980. Sub (a),pars 12-16, add,L 1964,'eh 763, § 1, eff Oct 1, 1964. Sub (a), par 17, add, L 1964, eh 763, § 1; amd, L 1983, ch 1008, § 16, off Sept 30 1983. Sub(a),pars 18 and 19, add,L 1964, ch 763, § 1, eff Oct 1, 1 6948, § 3, eff Jan 1 Sub (a), par 20, add, L 1974, ch 760, § 61 repealed, 1977. Sub(a), par 21, formerly sub (a), par 22, add, L 1975, ch 860, §9; so renumbered L 1980,oh 231, §5,eff June 10, 1980. Former sub (a), par 21, formerly sub (a), per 20, add, L 1964, ch 763, § I renumbered sub (a), par 21, I., 1974, ch 760, §6; renumbered sub (a), par 25, I 1980, ch 231, §5, elf June 10, 1980. Sub (a), par 22, formerly sub (a), par 23, add, L 1975, ch 860, §9; so renumbered L 1980,ch 231, §5, eff rune 10, 1980. Former sub (a), par 22, add, L 1975, eh 860, §9; renumbered sub (a), par 21, 1 1980,oh 231, §5, eff June 10, 1980. Sub(a),par 23, add,L 1980,ch 231, §5, eff June 10, 1980. Former sub (a), par 23, add, L 1975,ch 860, §9; renumbered sub '(a), par 22, I 1980,ch 231, §5,eff June 10, 1980. Sub(a),par 24, add,L 1976, eh 669, § 11,'eff Dec 1, 1976. Sub(a), par 25,formerly sub (a), par 21, formerly sub (a), par 20, add, L 1964, el 763, § 1; renumbered sub (a), par 21, L 1974, oh 760, §6; renumbered sub (a) par 25, L 1980, oh 231, §5,of June 10, 1980. Sub (a), par 26,formerly sub (a), par 25. add, L 1980, ch 181, § 8; renumbered sul (a), per 26,L 1983, ch 1008, § 17; amd, L.1985, ch 344, §6, eff July 16, 1985. Sub(a), par 27, formerly sub (a); par 25, add, L 1980, oh 511, §5; renumbered su1 (a),par 27, L 1983,eh 1008, §17, eff Sept 30, 1983. Sub(a),par 28,'add, L 1983,ch 1008, § 17,eif Sept 30, 1.983. Sub(b), add,L 1960, eh 934, § 15;amd,L 1961, ch 306, §4,eff Oct 1, 1961. Sub(c), add, L 1960, ch 934, § 15, of Oct 1, 1961. Sub(4 add, L 1964,ch 763, §2, eff Oct 1, 1964. Sub,(e),add,L 1984, ch 229, §,2, eft'June 19, 1984. 297 (( i `[fi il U Proposed Danby Traffic Ordinance °'\6)) TRAFFIC ORDINANCE 1. This ordinance shall be known and cited as the Town of Danby Traffic Ordinance. 2. This ordinance is adopted,pursuant to Article 41 of the New York Vehicle and Traffic Law and Article 9 of the Town'Law. 3. This Ordinance shall apply to all the town highways in the Town of Danby. 4. Upon the recommendation and report of the Town Highway Superintendent indicating that it is in the public interest, the Town Board may by order: a. Temporarily exclude from any portion of any Town highway any vehicle with a gross weight of over four 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 highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. 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 to any police officer. Such permits shall be for the duration of restriction imposed under this section. b. Exclude trucks, commercial vehicles, tractors, tractor-trailer combinations, tractor- semitrailer combinations, or tractor-trailer-semitrailer combinations from highways specified by the Town Board. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles and combinations are otherwise excluded. c. 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 said highways or segments or such highways. Such exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles or combinations are otherwise excluded. 5. The Town Board shall cause to be determined for all bridges, culverts and elevated structures DRAFT • ? Proposed Danby Traffic Ordinance under its jurisdiction, the capacity in tons (of two thousand pounds) which such bridges, culverts, or elevated structures will safely carry. At bridges, culverts or structures of insufficient strength to carry safely the legal loads permissible by section 385 (three hundred eightty five) of the New York Vehicle and Traffic Law signs shall be erected to inform persons of the safe capacity. 6. The legal overhead clearance for all bridges and elevated structures on highways under the jurisdiction of the Town Board shall be determined. The legal clearance shall be one foot less than the measured clearance. The measured clearance shall be the minimum height to the bridge or structure measured vertically from the traveled portion of the roadway. On bridges or structures having fourteen feet or more of measured clearance, no signs shall be required. Where the legal clearance is less than fourteen feet, signs shall be erected to inform persons of the legal clearance. 7. The Town Highway Superintendent shall cause to be posted any road, bridge, culvert or structure which is subject to any restriction, regulation of limitation in accordance with the Vehicle and Traffic Law Section 1683. 8. The provisions of paragraphs 4(a); (b); and (c ) which permit the delivery or pickup of merchandise or other property along the highways on which vehicles or combinations of vehicles otherwise are excluded shall not be deemed to permit or allow delivery or pickup other than as herein set forth. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway; the delivery of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway (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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. 9. Any person convicted of violating this ordinance on the first 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 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. 10. For the purposes of this Ordinance the owner of the vehicle in question shall be deemed to be a person as will the operator of such vehicle and both the registered owner and the operator may be convicted of a violation of this Ordinance and punished as set forth herein. 11. 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 ordinance or any DRAFT • 3 Proposed Danby Traffic Ordinance rule, regulation or order promulgated by the Town Board notwithstanding that this ordinance provides a penalty or other punishment for such violation. 12. This Ordinance shall take effect upon publication as provided by law. .G . .. _ 1, .0 f 4. at;f , y ", � ,• FROM l FAX hlU:: ti c. >s1 QCs•/ :2 9HC't t I ' r'"' 4 4 'f .1 " . .. t.. ,,;105 C.OMF17 T R . , k 1 ''' • I1,r • R CDAI), At• SPENCER, NEW YORK-14883 1 ;�� ,�.\ 607;277-3526 j • r�x Danby Town Board i. 7 Danby Road ! '. Ithaca, New:York December 9,..2000 '-, - Dear To\-'n Board Members, .1 • :• tly attended the public session of the board meeting regarding truck traffic in ' 'k °`a i Admittedly I am ignoiant of haw things work at these meetings. 1.had expected. ,t: i'-1ix to actually�discw,s with the board.and the public several facts about the situation . _ f d 1 h, I am concerned abut the proposal. I was disappointed that,tltere was lithe; ,, Mi'n I discussion with me on the matter. Perhaps there is not enough time at'the . 'w -,,„gs for this sort of format, "therefore,;before your vote on the proposed ordinance to M •i • ,"e1 truck traffic on Danby roads please consider some of my thoughts and concerns',, a �,giut ii yTt aster .' k a„ b� t Me say that as a nearly life long resident of'Dani�y, I am as eager fc live on a t ;•. 4 u+I ro .d•as the next person. However a certain amount of truck,traffic on tuty road in .• , „00 11bwn is a necessity that cannot simply be waved'iway with a weight restriction. ; - r f.,"faiandably most people rarely think about the fact_that nearly eVerything that they ', ' • , 4' r'a.'or ot?stune,oAme to them at least part of'it's way,on a truck. It is a fact however that - I food does nor row nn the shelves at the Danby 1.' . y 'Iark�t,the local gas station:doesn't have _ , are finery attached to it garbage and recyclables do nett organize theinseh':es and then •• . ' • hike down to the recycling center nor,does concrete, wood and other building materials used tb construct a homee simply sprout there on the property. Yes every one of those ,;• -. tlmtg's and.it7numerable others that Danby residents use daily,are-transported by trucks. Sgrrie appear to have the 4ttitltcie that trucks are evil things that should be eradicated Li ''- ,, , • nm°:heir commwuty.Even phrases that appeared in the Danby Newsletter such as ' ' 5 ; ' "pi e t town roads•'from heavy truck traffic”and-"presenne the quality of life'' seem to. L.. •' • 1 me to reflect that sort of thinking.'Please be assured that w thout;trucks to transport .;t' thuigs this•communi 's quality of life wou lc soon decline vet rapidly! •, Thos._of rise who mak; o living with trucks pay extremely high taxes and fees to .- op to them an public. oads and highways. Often a Municipality such as Dan6 is elrsYilile to receive state funds t pY Y o assist with highway Maintenance. Much of that motley is �' e� •:,..;•*::, ''., generated on takes on trucks. When truck Owners are ur eeessari ly forced from CJ2I'r'' . tthc se'roads they are understandably angry" The margin bet eer making an honest• ', .} }, • living_and failure in this business'is very small: With fuel prices;;s�luctuating from . ;` 17s to $2 30 per gallon and tt I consumption at f wp .. p tr mule's per kallon'it is it,-difficult • {' :, a ., a ,, " . €o,understt d Why we are reluctant to-drive miles out of Or way on'a'daily;basis.. Alttl4ts icing said;`I'am not necessarily opposed to weight.,restrictions.on.sdrne'Tot 11 ._. 4; � � " j '4‘/' z 'Lr "tl� �r 1 'lH i l z - - t' ill a i C , ? •_� �•, , , °• j {t of Danby roads forth e purpose of limiting wear to the surface, but maintaining 'quality . , 7 a; k°£°lift"Inmost cases is not a valid reason for restricting truck traffic. Let's face it the #?s sttit1'still has to get where It's going one way or another and kthen you divert trucks from i ' i' one road,that.traffic is forced'to use another road that already has if�'s share-of F j ° t truck tra f it This unnecessarily adds to\fuel consumption and pollution and makes very little r sense:,to"me: What about the"quality of life' of those eo le? p p Are the folks-wi10 live an: one LDanby road more entitled to quiet than those who live on another';' Some statements Made by a..rather vocal person'who attended the:Public meeting at best Q� ' ' exaggerated and at worse completely false. Most'of those Who spoke in favor of r ` • • , ,: the restrictions at the meeting are.honest People le who are legitimately concerned but P • ','' simply not Well informed about the specifics. This was evident to me when at least two ; ti people asked for restrictions ions on roads that are not maintained b' Daub r`s Highway D art'ment, . . } Let n e 7.assure you that I am concerned about people's feelings in thc'town ofl7anby: E- .� I`hey' e y neighbors,my friends and even my fanuly. My business'has scrvecl trtat�} Of them Over the Years includulg a number of you on.tlie,town board. I certainly a :f k �{'. _._ Y ppreCiare it ,� . ar.a look forward,to continue doing so in the future. g, , .I-invite any'and all of(you;as well as Bill Hall, to discuss this matter flintier with me. I ' .. have ntimber of Ideas that may be agree ble to all of Its. Working together.I'm sure fibre' ' , can find aii`acceptaole solution to the problem, g ' ' Thank you for vout.tim }� re' ' 'Sincereiy Yours, '. ' . xr" •< • iGllrfel'1) bvson, , 1VI l` tk E; ,f1 • Il ' '' } . . : . '' ' t to a.r 1 e ' 'a-'r,• �`pr^."-1--7.'"7.+ _ *_ }� ' r :s' : � , , m L t ° i, t; rf •,0 ;a ` „v ' M ',.,,, _: a 11UV. d.LUUU ( U '11 BARNEY GROSSMAN DUBOW & MARCUS NO.426 P.2 Resolution No. RESOLUTION ADOPTING THE TRAFFIC ORDINANCE FOR THE TOWN OF DANBY WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on November 8, 2000, at 7:00 P.M. to hear all interested parties on a proposed Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Ordinance, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the N.Y.S. Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed Ordinance would not have a significant effect upon the environment and could be processed without further regard to SEQR,and WHEREAS,the Town Board is authorized to adopt such Ordinance pursuant to Town Law Section 130 and Vehicle and Traffic Law Section 1660; NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED,that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to (a) Enter such Ordinance into the minutes of the Town Board; (b) Publish such Ordinance or a summary thereof in the official newspaper of the Town and file the affidavit of such publication in the Town Clerk's Office; and (c) Enter a copy of such Ordinance into the Town's "Ordinance Book" maintained by the Town Clerk pursuant to Town Law Section 30 (1). MOVED: SECONDED: ROLL CALL VOTE: DATED: November , 2000 I, • a. TRAFFIC ORDINANCE FOR THE TOWN OF DANBY 4� '� Pursuant to Section 130 of the Town Law of the State of New York, and Sectiorf 1'6f Q.of the-;K: Vehicle and Traffic Law of the State of New York, the Town Board of the To N : by by;4 Tompkins County, New York, does ordain and enact as follows: Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer combination, or tractor-trailer-semitrailer combination,with a gross weight of five or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway; the deliver of building products or materials to a site that can only be reached over such highway;the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway(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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 5. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Traffic Ordinance;wp80;Danby;11/16/012.8PM Section 6. Injunctive Relief. The Town Board may,in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 7. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. 2 PROPOSED TRAFFIC ORDINANCE FOR THE TOWN OF DANBY Pursuant to Section 130 of the Town Law of the State of New York, and Section 1660 of the Vehicle and Traffic Law of the State of New York, the Town Board of the Town of Danby, Tompkins County,New York, does ordain and enact as follows: ' Section 1. Territory Affected. This ordinance shall be applicable to all territory within the Town of Danby. Section 2. Prohibition of Trucks Vehicles from Certain Highways. (a) Any truck,commercial vehicle,tractor,tractor-trailer combination,tractor-semitrailer combination, or tractor-trailer-semitrailer combination, with a gross weight of five or more tons shall be excluded from that portion of East Miller Road from its intersection with Coddington Road westward to N.Y.S. Route 96B. (b) The foregoing exclusion shall not prohibit the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded. Delivery or pickup shall include: regularly scheduled garbage, trash or rubbish removal from any residence along such highway, the deliver of building products or materials to a site that can only be reached over such highway; the pickup or delivery of school children; the use by farm machinery or equipment; the use by town employees operating town highway equipment for paving, reconstructing, rebuilding or maintaining such highway(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 highway between two or more other highways not subject to similar restrictions, regulations or limitations. Section 3. Prohibition of Heavy Vehicles from Certain Culverts. No vehicle with a gross weight of ten or more tons shall cross over the culvert on Gunderman Road located approximately 200 feet westerly on Gunderman Road from its intersection with N.Y.S. Route 96B. Section 4. Temporary Exclusion of Vehicles from Certain Highways. Pursuant to Vehicle and Traffic Law Section 1660(a)11, upon recommendation and report of the Town Highway Superintendent indicating it is in the public interest the Town Board may by order temporarily exclude from any portion of any Town highway any vehicle and a gross weight of over four 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 highway would be materially injured by the operation of any such vehicles thereon. Such exclusion shall take effect upon the erection of signs on the section of highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official town newspaper. The exclusion shall remain in effect until the removal of the signs as directed by the Town Board. Upon written application by any operator 2 Town of Danby Proposed Traffic Ordinance 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 to any police officer. Such permits shall be for the duration of restriction imposed under this section. Section 5. Penalties. Any person convicted of violating this ordinance on the first 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 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. Section 6. Owner of Vehicle. The owner of the vehicle shown on the most recent vehicle registration for any vehicle found violating any provision of this Ordinance, as well as the operator of any such vehicle, may be convicted of a violation of this Ordinance and punished as set forth herein. Section 7. Injunctive Relief. The Town Board may,in addition to any other remedy available to it in law or equity, 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 Ordinance or any rule, regulation or order promulgated by the Town Board notwithstanding that this Ordinance provides a penalty or other punishment for such violation. Section 8. Effective Date. This ordinance shall be effective upon the later of 10 days after publication and posting in accordance with Section 133 of the Town Law, provided that no person shall be found in violation of this Ordinance if the appropriate traffic control device related to the alleged infraction was not properly installed. PROPOSED RESOLUTION ADOPTING THE TRAFFIC ORDINANCE FOR THE TOWN OF DANBY WHEREAS,a resolution was duly adopted by the Town Board of the Town of Danby for a public hearing to be held by said Town on November 8, 2000, at 7:00 P.M. to hear all interested parties on a proposed Ordinance entitled"TRAFFIC ORDINANCE FOR THE TOWN OF DANBY"; and WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Ordinance, or any part thereof; and WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the N.Y.S. Environmental Conservation Law it has been determined by the Town Board that adoption of said proposed Ordinance would not have a significant effect upon the environment and could be processed without further regard to SEQR, and WHEREAS, the Town Board is authorized to adopt such Ordinance pursuant to Town Law Section 130 and Vehicle and Traffic Law Section 1660; now therefore, be it RESOLVED, that the Town Board of the Town of Danby hereby adopts said Ordinance entitled "TRAFFIC ORDINANCE FOR THE TOWN OF DANBY", a copy of which is attached hereto and made a part of this resolution; and it is further RESOLVED, that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to (a) Enter such Ordinance into the minutes of the Town Board; (b) Publish such Ordinance or a summary thereof in the official newspaper of the Town and file the affidavit of such publication in the Town Clerk's Office; and ( c) Enter a copy of such Ordinance into the Town's"Ordinance Book: maintained by the Town Clerk pursuant to Town Law Section 30 (1).