This chapter is intended to facilitate the access
to, understanding of, application of and amendment of the vehicle
and traffic regulations of the Town of Tonawanda, New York, exclusive
of the Village of Kenmore. In order to accomplish this purpose, this
chapter compiles and consolidates all the ordinances, local laws and
resolutions which regulate or otherwise affect traffic and the parking,
standing and stopping of vehicles within the Town of Tonawanda, exclusive
of the Village of Kenmore. Furthermore, wherever appropriate, this
chapter reorganizes, clarifies and/or revises the existing regulations
but does not intend to enact any substantive changes thereto except
to provide for the removal and storage of vehicles in the event of
a public emergency. Such added provision is intended to promote the
safety and welfare of the citizens of the Town of Tonawanda. This
chapter is intended to be consistent with the Vehicle and Traffic
Law of the State of New York and the Model Traffic Ordinance promulgated
by the Traffic and Safety Division of the New York State Department
of Transportation.
A.Â
Definitions of words and phrases.
(1)Â
The words and phrases used in this chapter shall,
for the purposes of this chapter, have the meanings respectively ascribed
to them by Article I of the Vehicle and Traffic Law of the State of
New York.
B.Â
Interpretation.
(1)Â
Official time standard. Whenever certain hours are
named herein or on traffic control devices, they shall mean the time
standard which is in current use in this state.
(2)Â
Measurements. Any linear measurements specified for
various orders, rules and/or regulations contained in or adopted and/or
issued pursuant to this chapter shall be deemed to be approximate,
and such measurements, and the order, rule and/or regulation to which
they pertain, shall not be affected or altered in any way by the widening
of a street, by the construction of curbs, gutters or sidewalks or
by any other action which might tend to obliterate the point from
which such measurements were originally made. Unless otherwise indicated,
measurements shall be made from the nearest curbline of the street(s)
referred to in a location description or, if there is no curbline,
from the nearest pavement edge.
The Traffic Bureau of the Police Department
of the Town shall be responsible for the installation and maintenance
of traffic control devices when and as required under the provisions
of this chapter and may install and maintain such additional traffic
control devices as the Town Board may deem necessary to regulate,
warn or guide traffic under the Vehicle and Traffic Law of the State
of New York, subject to the provisions of §§ 1682 and
1684 of that law.
The system of traffic markings upon the New
York State highways are hereby made applicable to the Town roads in
the Town of Tonawanda. Said markings, when placed upon Town roads,
shall have the same meanings and effects as similar markings upon
state roads in this Town, and violations of such markings upon said
Town roads shall be subject to the same penalties as for violations
of such markings on state roads.
A.Â
Every person convicted of a traffic infraction for
a violation of any provision of this chapter which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of not more than $50 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment; for a second such conviction
within 18 months thereafter, such person shall be punished by a fine
of not more than $100 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of not more than $250 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
B.Â
Every person convicted of a traffic infraction for
a violation of any provision of this chapter which is a violation
of a provision of the Vehicle and Traffic Law of the State of New
York shall be penalized in accordance with the appropriate provision
of said state law.
The provisions of this chapter shall not apply
to vehicles owned by the Town and operated by officials or employees
of the Town during the conduct of their official duties.