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HomeMy WebLinkAboutLL 07 of 2022 Amend Chapter 250 V&T Vehicle Weight Limits Penalties & ExclusionsSTATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA '99 WASHINGTQk AVENUE ALeANY, NY 1223N001 KI1n://DM.NY.GOV April 19, 2022 Paulette Rosa Town of Ithaca Clerk 215 N Tioga St. Ithaca NY 14850 KAViy HoCHUL GOVERNOR RoeERT J. RODRIGUEZ SECRETARY OF STATE RE: Town of Ithaca, Local Law 5, 6, 7 2022, filed on April 14 2022 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny,gov. Sincerely, State Records and Law Bureau (518) 473-2492 O'P 1Department 0fState TOWN OF ITHACA LOCAL LAW NO. 7 OF THE YEAR 2022 A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED "VEHICLES AND TRAFFIC," BY REVISING PENALTIES AND EXCLUSIONS IN THE VEHICLE WEIGHT LIMITS ARTICLE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Pursuant to New York Vehicle and Traffic Law § 1660, New York Town Law § 130, and New York Municipal Home Rule Law § 10, Chapter 250 (Vehicles and Traffic), Article II (Vehicle Weight Limits) of the Town of Ithaca Code is hereby amended as follows: A. Section 250-10 (Penalties for offenses) is deleted and replaced by new Section 250-10 (Penalties for offenses) reading as follows: "A. All provisions of New York State law generally and procedurally applicable to misdemeanors shall apply to any criminal proceeding brought under this article, and any misdemeanors shall be deemed unclassified misdemeanors. For purposes of this article the Town of Ithaca's justice court is hereby vested and imbued with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and administrative codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal violation of this article, and to thereafter, if appropriate, impose any fine, penalty, sentence, or sanction. B. First offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article shall be guilty of a criminal violation and subject to a fine of not less than $100 and not more than $300, or by imprisonment for not more than 15 days, or both such fine and imprisonment. C. Second offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article within 18 months of any prior judicial finding or conviction under this article shall be guilty of a second offense. Any person or entity that commits any second offense shall be guilty of a criminal violation and subject to a fine of not less than $200 and not more than $500, or by imprisonment for not more than 15 days, or both such fine and imprisonment. D. Third offense. Any person or entity that violates, or fails to comply with, any of the provisions of this article within 18 months of any prior judicial finding or conviction under this article of a second offense, shall be guilty of a third offense. Any person or entity that commits any third offense shall be guilty of an unclassified misdemeanor and subject to a fine of not less than $500 and not more than $2,500, or by imprisonment for not more than 120 days, or both such fine and imprisonment. E. The application or pursuit of any civil or criminal fine, sanction, or penalty shall not preclude the pursuit of any other lawful remedy by the Town of Ithaca, including, but not limited to, the right to seek equitable relief. Whenever the Town of Ithaca shall believe from evidence satisfactory to it that there is any violation of, or non-compliance with, this article, the Town of Ithaca may bring an action to enjoin and restrain the continuation of such violation. In any such action: (a) preliminary relief may be granted under Article 63 of the Civil Practice Law and Rules; and (b) the Town of Ithaca shall not be required to post any bond or undertaking, prove that there is or will likely be irreparable harm, or prove that the Town of Ithaca has no adequate remedy at law. In any such action, the court may also award any damages or other relief requested, including declaring the rights and interests of any parties and imposing restitution or damages. The remedies provided by this article shall not be in lieu of, and shall be in addition to, any other right or remedy available to the Town of Ithaca, whether sounding in law, equity, enforcement or otherwise." B. Section 250-11 (Exclusions) is deleted and replaced by new Section 250-11 (Exclusions) reading as follows: "This article shall not apply to: (i) local deliveries and pickups to and from properties located on the aforementioned Town of Ithaca highways by vehicles otherwise prohibited from using said highways by the provisions of this article; (ii) vehicles associated with a farm operation (as defined by New York State Agriculture and Markets Law §301(11)), when a vehicle weight limit applies within a NYS-certified agricultural district; (iii) school buses, related educational transportation vehicles, and municipally owned or sponsored mass transit, including TCAT buses; (iv) law enforcement vehicles; (v) ambulances and fire trucks, and vehicles owned and operated by municipalities or fire companies on emergency or official municipal or fire -fighting business; (vi) military vehicles; (vii) maintenance, repair, and service vehicles owned and operated by a utility company or public authority while on official business, but excluding any pipeline transportation companies and similar entities that are not engaged in providing services to nearby residential, business or institutional structures; and (viii) municipal and other governmental vehicles engaging in maintenance, repairs, or the provision or performance of any municipal service, together with those vehicles contracted for such services by any municipality or governmental unit." Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 2 Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State.