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).