[HISTORY: Adopted by the Town Board of the Town of Schodack: Art.
I, 4-11-1996 as L.L. No. 3-1996. Amendments
noted where applicable.]
[Adopted 4-11-1996 as L.L. No. 3-1996]
The purpose of this Article is to adopt a weight limitation for vehicles
on certain town highways of the Town of Schodack in order to prevent such
highways from being materially injured by the operation of overweight vehicles
thereon and in order to maintain such highways properly for the benefit of
those local residents who reside thereon and/or who utilize such town highways
for travel to and from their residences.
The Town Board of the Town of Schodack does hereby enact and provide that it shall be unlawful for any vehicle (as defined by the Vehicle and Traffic Law) with a weight exceeding the tons specified herein to be operated over any portion of those town highways as are designated in § 210-3 below except for delivery or pickup for a location on said highways.
A.
The following town highway(s) or portions of town highway(s)
are those highways from which vehicles with an empty weight of over 10 or
more tons are excluded:
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Bunker Hill Road
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Lape Road
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McClellan Road
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Phillips Road
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Sand Road
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Schodack Drive
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Shufelt Road
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Waterbury Road
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Western Road
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Woodward Road
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B.
The weight or empty weight listed on the vehicle's
registration shall be used to determine whether a vehicle is over weight for
this Article.
A.
Upon written application by any operator of a vehicle
subject to this Article, the Town Clerk with approval of the Chief of Police
and Superintendent of Highways may issue a permit providing appropriate exemption
to an overweight vehicle for a single trip to be conducted within one week
of said permit's issuance.
B.
Upon written application by any operator of a vehicle
subject to this Article, the Town Board may also issue a permit providing
appropriate exemption to an overweight vehicle if it is deemed that the operator
of such vehicle resides on a town highway which is subject to this Article
and it is necessary for such applicant to utilize said town highway for travel
to and from his residence or for any public purpose deemed to be in the public
interest.
C.
Any such permits issued herein by the Town Board shall
be effective through December 31 of the year of issuance or for such other
period as determined by the Board; provided, however, that such permit will
no longer be effective if the facts and circumstances upon which the written
application was issued have changed; and in which case, the Town Board, after
hearing may revoke any permit so issued. Application for renewal of such permit
shall be made to the Town Board between December 1 and December 31 for the
following year.
D.
Every permit issued under this section by the Town Clerk
or the Town Board shall designate the route to be traversed and contain other
reasonable and necessary restrictions or conditions. Every such permit shall
be carried on the vehicle to which it refers and shall be open to inspection
by any peace officer acting pursuant to his special duties or any police officer.
E.
The Town Board shall set the appropriate fees for all
permits and renewals.
Any person who operates a vehicle with a weight in excess of the above-referenced
number of tons on any town highway designated herein in violation of this
Article shall be guilty of a violation and shall be subject to a fine of not
more than $250 or to imprisonment for not more than 15 days, or both.
This Article shall not apply to any fire or emergency vehicles, farm
vehicles, school buses owned by or under contract to a school district or
school approved by the State Department of Education and to local delivery
traffic.
This Article shall take effect upon the erection of weight limit signs
on the highways or sections of highways from which overweight vehicles are
excluded and the publication of notice in the town newspaper that such vehicles
are excluded.
