Town of Somers, NY Parking of Trucks and Oversize Vehicles

Any truck, commercial vehicle, tractor, tractor-trailer combination, trailer, semitrailer or other vehicle not specifically designed for the transportation of persons, with a gross weight exceeding 10,500 pounds.

SEMITRAILER

Any trailer which is so designed that when operated the forward end of its body or chassis rests upon the body or chassis of the towing vehicle.

TRACTOR

A motor vehicle designed and used as the power unit in combination with a semitrailer or trailer, or two such trailers in tandem. Any such motor vehicle shall not carry cargo, except that a tractor and semitrailer engaged in the transportation of automobiles may transport motor vehicles on part of the power unit.

TRAILER

Any vehicle not propelled by its own power, drawn on the public highways by a motor vehicle, as defined in the Vehicle and Traffic Law, operated thereon, except motorcycle side cars, car and boat trailers, and vehicles being towed by a nonrigid support and vehicles designed and primarily used for other purposes and only occasionally drawn by such a motor vehicle.

TRUCK

Every motor vehicle designed, used, or maintained primarily for the transportation of property with a gross weight exceeding 10,500 pounds.

VEHICLE

Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

§ 158-33 Prohibition.

No truck or oversize vehicle shall be parked on a Town street, road or highway except as provided in §§ 158-34 and 158-35.

§ 158-34 Exceptions.

The provisions of § 158-33 shall not apply to the following:

(1)

Parking of a truck or oversize vehicle while actually engaged in the delivery or pickup of merchandise or other property, the making of a service call, the rendering of emergency service or assistance, or farming;

(2)

Parking of a truck or oversize vehicle owned or leased by the government, or a commercial vehicle of a government contractor, while acting under government direction and actually engaged in official business;

(3)

Parking of a truck or oversize vehicle of a utility company while actually engaged in the installation, maintenance, testing or repair of utility facilities; and

(4)

Parking of a truck or oversize vehicle for the purpose of addressing an emergency threatening the health, safety or welfare of any person or property.

§ 158-35 Temporary permit.

The Building Inspector is authorized to issue a temporary permit for parking of one or more trucks or oversize vehicles otherwise prohibited under this article, subject to conditions as determined by the Building Inspector, in the following circumstances:

(1)

Such parking shall be necessary to complete construction for which a building permit has been issued and no other reasonable alternative shall be available;

(2)

The temporary permit shall not exceed two months in duration, subject to a single two-month renewal, if the terms and conditions of the original permit have been complied with and any construction to which the permit relates has proceeded with due diligence. In exceptional circumstances, additional renewals may be granted by the Town Board on application, in the Town Board's discretion;

(3)

If required, a satisfactory bond for roadway and related damage is posted and satisfactory proof of general liability insurance has been provided naming the Town as an additional insured;

The temporary permit may be revoked by the Building Inspector if, in the Building Inspector's reasoned judgment, the construction for which the permit has been issued has not proceeded with due diligence, has been completed, for noncompliance with the conditions of the permit, or if the health, safety or welfare is threatened by continuing the permit;

The permittee shall pay the fee for a temporary permit in the amount set by resolution of the Town Board.

§ 158-36 Enforcement.

This article shall be enforced as provided in Chapter 4 of the Code of the Town of Somers, except that the Building Inspector shall enforce any violation of a condition of a temporary permit issued by the Building Inspector.

§ 158-37 Penalties for offenses.

A violation of any provision of this article, which shall include but shall not be limited to the conditions established in connection with a temporary permit, shall be punishable, upon conviction, as follows:

For a first offense: by a fine not exceeding $100.

For a second offense within a twelve-month period: by a fine not less than $100 and not exceeding $250.

For a third offense within a twelve-month period, by a fine not less than $250 and not exceeding $500 or imprisonment not exceeding 15 days, or by both a fine and imprisonment.