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HomeMy WebLinkAboutLL 17 of 2022 Amend Chapter 250 to add vehicle lengthsSTATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, W 12231-0001 Krrps.//Dos.NY.Gov October 12, 2022 Becky Jordan -Ithaca Deputy Town Clerk Town Clerk's Office 215 N Tioga St Ithaca NY 14850 KATHY HOCHUL Govemort ROBERT J. RODRIGUEZ SECRETARY OF STATE % [)C 1' 1 2022 TOWN OF ITHACA TOWN CL.ERK RE: Town of Ithaca, Local Law 16,17 2022, filed on October 3 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 eE���N 11K IDepartment SOT Ty. of State QelW-1Lei t a /Wem, A LOCAL LAW ADDING A VEHICLE LENGTH LIMITS ARTICLE TO CHAPTER 250 (VEHICLES AND TRAFFIC) OF THE TOWN OF ITHACA CODE Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Town of Ithaca Code Chapter 250 (Vehicles and Traffic) is hereby amended by adding Article I, titled "Vehicle Length Limits," as follows: "Article I Vehicle Length Limits § 250-1. Legislative Authority and Purpose. A. This article is adopted pursuant to the authority of §§ 385 and 1660 of the Vehicle and Traffic Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York. B. This article is adopted to minimize the adverse impact of certain traffic upon certain roads and highways in the Town, including to promote the health, safety, and welfare of the community. § 250-2. Signage and Restricted Locations. A. This article shall be effective with respect to each named roadway, highway, or segment thereof as is listed in this section. The Town is authorized to post appropriate vehicle length limit signage in relation to such areas in any manner using the approved signage listed in the Manual on Uniform Traffic Control Devices (MUTCD). B. No commercial vehicles, recreational vehicles, tractors, tractor -trailer combinations, tractor -semitrailer combinations, or tractor -trailer -semitrailer combinations that exceed a maximum length of 30' shall be permitted or allowed to travel upon or over the following roads, highways, or segments thereof: 1. Sand Bank Road, from its intersection with State Route 13 and proceeding southerly uphill and all the way to the Town of Ithaca -Town of Danby corporate boundary, being approximately 2.32 miles in total distance. § 250-3. Definitions. A. MUTCD - Means the Manual of Uniform Traffic Control Devices, and the New York Supplement thereto, as currently exists and as hereafter amended. 1 B. Town means the Town of Ithaca, located in Tompkins County, New York. C. Vehicle - Refers to motor vehicles generally, and any specification of a vehicle type (e.g., truck, commercial vehicle, tractor, tractor -trailer combination, tractor - semitrailer combination, tractor -trailer -semitrailer combination, etc.) means that vehicle type as defined by and under the New York Vehicle and Traffic Law, and the regulations arising thereunder. D. Vehicle Length, or Length - Means the total length of a motor vehicle plus any trailers and overhangs, from its front bumper or edge to the rear thereof, including the full length of any one or more trailers and including all bumpers and loads (including the length of any load overhang). § 250-4. Exclusions. This article shall not apply to: (i) local deliveries and pickups to and from properties located on the aforementioned Town highways by vehicles otherwise prohibited from using said highways by the provisions of this article; (ii) sound agricultural operations and practices (as defined and construed in and by New York State Agricultural District Laws) and the related movement of agricultural products when this restriction 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 and business 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. § 250-5 Offenses and Penalties for Offenses. 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'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 ip 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 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, including, but not limited to, the right to seek equitable relief. Whenever the Town shall believe from evidence satisfactory to it that there is any violation of, or non-compliance with, this article, the Town 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 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 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, whether sounding in law, equity, enforcement or otherwise." 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. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. 3