[Adopted 10-5-2004 by L.L. No. 5-2004]
This article shall be known and may be cited as the "Town of Guilderland
Traffic Ordinance."
The Town Board of the Town of Guilderland (the "Town"), being established
as a Suburban Town effective January 1, 1967, governed pursuant to Article
3-A of the New York State Town Law by resolution of the Town Board dated June
20, 1966, hereby enacts the following traffic ordinance to establish maximum
speed limits within the Town.
This article is enacted pursuant to the authority granted by § 1662-a
of the New York State Vehicle and Traffic Law.
As used in this article, the following terms shall have the meanings
indicated:
Any highway, road, street, avenue, alley, drive, public place or
public right-of-way, as shown on the Official Map of the Town; all private
roads and parking lots open to public motor vehicle traffic; and all drives,
rights-of-way and access roadways located on property owned by the Town.
A.
The Town speed limit shall be 30 miles per hour and shall
be applicable upon all streets except where the Town Board, upon recommendation
of the Town Traffic Safety Committee, the Town Police or the Superintendent
of Highways, determines that other speed limits shall be applicable, and except
on New York State highways maintained by New York State that are within the
Town, and except all streets within the Village of Altamont that are maintained
by the Village of Altamont.
B.
Speed limit signs shall be posted on all major streets
entering the Town and also on all streets where the rate of speed changes.
C.
The Superintendent of Highways is authorized to regulate
the timing of traffic signals so as to permit the movement of traffic in an
orderly and safe manner at speeds slightly at variance from speeds otherwise
applicable on Town streets and shall erect appropriate signs giving notice
thereof.
D.
The Town Board, upon recommendation of the Town Traffic
Safety Committee, the Town Police or the Superintendent of Highways, may set
school zone speed limits on streets adjacent to a school, as authorized by
the New York State Vehicle and Traffic Law. The Superintendent of Highways
shall post necessary signs and other traffic-control devices setting the school
zone speed limit, and no person shall drive in excess of said posted speed
during the school noon hour, school recess, or while children are going to
or leaving school during opening or closing hours.
A.
Violations deemed traffic infraction. It is a traffic
infraction for any person to violate any of the provisions of this article.
B.
General penalty. Unless another penalty is expressly
provided by law, every person convicted of a violation of any provision of
this article shall be punished by a fine of not more than $200 for each violation.
C.
Fines credited to general fund. All fines, penalties
and forfeitures collected upon conviction or upon forfeiture of bail by any
person charged with a violation of this article shall be paid to the Town
and credited to its general fund.
A.
The provisions of this traffic ordinance relating to
the operation of vehicles refer exclusively to the operation of vehicles upon
streets other than New York State highways maintained by New York State that
are within the Town but outside of the Village of Altamont, except where a
different place is specifically referred to in a given section.
B.
This article shall not have a retroactive effect and
shall not apply to any traffic accident, to any cause of action arising out
of a traffic accident or judgment arising therefrom, or to any violation of
the traffic ordinance of the Town occurring prior to the effective date of
this article.
C.
If any provisions of this article are held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions shall remain in effect.
D.
All ordinances, local laws and parts thereof inconsistent
with this article are hereby repealed.
E.
This article shall take effect immediately upon filing
in the office of the New York State Secretary of State.
