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.
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Section 3. This local law shall take effect immediately upon its filing with the
New York Secretary of State.