[HISTORY: Adopted by the Board of Trustees of the Village
of Maybrook 11-8-2010 by L.L. No. 5-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally adopted as
Ch. 86 but was renumbered to preserve the alphabetical sequence of
the Code.
A.
Except as expressly permitted by the United States or the New York State Department of Transportation, and except where the requirement for local delivery will permit no alternate legal route, no person shall operate or move, or cause or knowingly permit to be operated or moved, on any public street in the Village of Maybrook, any vehicle or combination of vehicles of a size exceeding the limitations provided for in this chapter, except for any truck route established in Chapter 189.
B.
The provisions of this chapter shall not apply to state and/or municipally
owned vehicles engaged in snowplowing, ice clearing or other fire
or emergency-type operations.
The height of a vehicle from the underside of the tire to the top of the vehicle, inclusive of load, shall be not more than 13 feet, exclusive of those vehicles traveling solely on any and all truck mutes established by Chapter 189 and where the requirement for local delivery will permit no alternate legal route.
A.
No single vehicle, inclusive of load and bumpers, greater than 33 feet in length shall be operated on any Village street, exclusive of those vehicles traveling solely on any and all truck routes established by Chapter 189 and where the requirement for local delivery will permit no alternate legal route.
B.
The length of a semitrailer or trailer shall not exceed 48 feet except as provided in Subsection D of this section, and except as authorized by Chapter 189; provided, however, that the length of any trailer or semitrailer being operated in combination with another trailer or semitrailer shall not exceed 60 feet.
C.
The length of buses having a carrying capacity of 56 passengers or
greater shall not exceed 45 feet.
D.
Any semitrailer with a length not to exceed 48 feet may be operated
on any Village street, provided that the total length of a combination
of vehicles, including such a semitrailer, does not exceed 60 feet.
A.
The total length of a combination of vehicles, inclusive of load
and bumpers, shall not be more than 60 feet.
B.
The provisions of § 183-5A of this chapter shall not apply to:
(1)
Vehicles of a corporation which is subject to the jurisdiction of
the Interstate Commerce Commission, the Public Service Commission
or other regulatory body and which are used in the construction, reconstruction,
repair or maintenance of its property or facilities, provided that
any such vehicle complies with the safety requirements of the laws
and regulations of the United States and of New York State pertaining
to over-length vehicles, and a police escort is arranged at the corporation's
expense to eliminate the consequences which this chapter is designed
to ameliorate.
(2)
Vehicles hauling poles, girders, columns or other similar objects
of excess length, provided that any such vehicle complies with the
safety requirements of the laws and regulations of the United States
and of New York State pertaining to such over-length vehicles, and
arranges for a police escort at their expense to eliminate the consequences
which this chapter is designed to ameliorate.
(3)
Any vehicle or combination of vehicles which is disabled and unable
to proceed under its own power and is being towed for a distance not
in excess of 10 miles for the purpose of repairs or removal from the
street.
C.
Notwithstanding the provisions of § 183-5A of this chapter, a bumper overhang of not more than a total of five feet, either front or rear or divided between the front and rear of a combination of vehicles used to transport other motor vehicles, shall be permitted.
D.
If a vehicle or combination of vehicles is operated in violation
of this chapter, an appearance ticket or summons may be issued to
the registrant of the vehicle or, if a combination of vehicles, to
the registrant of the hauling vehicle, rather than the operator. In
the event that the vehicle is operated by a person other than the
registrant, any appearance ticket or summons issued to the registrant
shall be served upon the operator, who shall be deemed the agent of
the registrant only for the purpose of receiving such appearance ticket
or summons. In addition, a notice containing all pertinent information
relating to the charge which is contained on the summons or appearance
ticket shall be mailed by or on behalf of the person who issued the
appearance ticket or summons to the registrant at the address given
on the registration certificate for the vehicle or, if no registration
certificate is produced at the time the appearance ticket or summons
is issued, to the address of the registrant on file with the department
within five days after the date of issuance of the appearance ticket
or summons, but at least five days before the return date specified
on the appearance ticket or summons. Proof of mailing to the registrant
under this section shall be filed with the court in which the appearance
ticket or summons is returnable on or before the return date. The
provisions of this section shall not apply to owner-operators of any
motor vehicles or to any motor vehicle or trailer which is registered
in the name of a person whose principal business is the lease or rental
of motor vehicles or trailers, unless the motor vehicle or trailer
is being operated by an employee of the registrant or for a community
of interest other than the lease or rental agreement between the parties
to the lease or rental agreement.
A.
Both the owner and operator of any vehicle exceeding the limitations
herein shall be responsible to compensate the Village for all damage
proximately caused by such vehicle to streets, telephone lines, signs,
bridges or street structures resulting from the use of such vehicle.
B.
The violation of the provisions of this chapter shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the first offense; and by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for a second or subsequent offense; plus, in both cases, the fine provided in Subsection B of this section.
C.
The Court may impose any sentence authorized by this chapter; provided,
however, that any such sentence must include a fine as provided in
this section.
