[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
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 Woodbury, any vehicle or combination of vehicles of a size or weight
exceeding the limitations provided for in this chapter.
A.
The width of a vehicle, inclusive of load, shall be
not more than 102 inches on qualified highways and 96 inches on Village
roads and nonqualified roads plus safety devices, on any Village highway
in the Village of Woodbury.
B.
The provisions of § 120-1 of this chapter shall not apply to vehicles and implements or combinations thereof not over 13 feet in width, used solely for farm purposes, during the period from sunrise to sunset, provided that at least two red flags not smaller than 24 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 in the morning on any Saturday, Sunday or legal holiday, except for trips of two miles or less.
C.
The provisions of § 120-1 of this chapter shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed 98 inches.
D.
Notwithstanding the provisions of Subsection A of this section, racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no case shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches at any portion thereof while on any Village highway.
The height of a vehicle from the underside of
tire to top of vehicle, inclusive of load, shall be not more than
13 1/2 feet. Any damages to highways, bridges or highway structures
resulting from the use of a vehicle exceeding 13 feet in height, where
such excess height is the proximate cause of the accident, shall be
compensated for by the owner and operator of such vehicle.
A.
The length of a single vehicle, inclusive of load
and bumpers, shall be not more than 40 feet unless otherwise provided
in this chapter.
B.
The length of a semitrailer or trailer shall not exceed 48 feet except as provided in Subsection E of this section; provided, however, that the length of any trailer or semitrailer being operated in combination with another trailer or semitrailer shall not exceed 28 1/2 feet. However, a fifty-three-foot trailer shall be permitted on qualified access highways.
C.
The length of buses having a carrying capacity of
more than seven passengers shall not exceed 45 feet, except that the
length of articulated buses shall not exceed 62 feet.
D.
The provisions of this section shall not apply for
fire vehicles.
E.
Any semitrailer with a length not to exceed 48 feet
may be operated on any Village highway, 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 § 120-5A 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.
(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.
(3)
Fire vehicles.
(4)
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 highway.
(5)
State and/or municipally owned vehicles engaged in
snowplowing, ice clearing or other emergency-type operations.
C.
Notwithstanding the provisions of § 120-5A 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.
In determining the number of wheels and axles on any
vehicle or combination of vehicles within the meaning of this section,
only two wheels shall be counted for each axle, and axles which are
less than 46 inches apart from center to center shall be counted as
one axle. However, in the case of multiple tires or multiple wheels,
the sum of the widths of all the tires on a wheel or combination of
wheels shall be taken in determining tire width.
E.
Subject to the provisions of this chapter governing
maximum vehicle gross weights, the weight per inch of width of tire
on any one wheel of a single vehicle or a combination of vehicles
equipped with pneumatic tires, when loaded, shall be not more than
800 pounds.
F.
Subject to the provisions of this chapter governing
maximum gross weights, the weight on any one wheel of a single vehicle
or a combination of vehicles, equipped with pneumatic tires, when
loaded, shall be not more than 11,200 pounds.
G.
Subject to the provisions of this chapter governing
maximum vehicle gross weights, the weight of any one axle of a single
vehicle equipped with pneumatic tires, when loaded, shall be not more
than 22,400 pounds.
H.
Subject to the provisions of this chapter governing maximum vehicle gross weights, the weight on any two consecutive axles of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than 36,000 pounds, except that where axles were spaced eight feet or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by § 120-5I(1)(b) of this chapter and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in § 120-5D of this chapter.
I.
Subject to the provisions of this chapter governing maximum vehicle gross weights, a single vehicle or a combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center of the rearmost axle. Axles are to be counted as provided in § 120-5D of this chapter. In no case, however, shall the total weight exceed 80,000 pounds.
(1)
For any vehicles or combination of vehicles having
a total gross weight less than 71,000 pounds, the higher of the following
shall apply:
(a)
The total weight on all axles shall not exceed
34,000 pounds, plus 1,000 pounds for each foot and major fraction
of a foot of the distance from the center of the foremost axle to
the center of the rearmost axle; or
(b)
The overall gross weight on a group of two or
more consecutive axles shall not exceed the weight produced by application
of the following formula:
|
W = 500 ((L XN)/(N-1) + (12XN) + 36)
| ||||
|
Where:
| ||||
|
W
|
=
|
Overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds
| ||
|
L
|
=
|
Distance in feet from the center of the foremost
axle to the center of the rearmost axle
| ||
|
N
|
=
|
The number of axles in the group under consideration
| ||
[1]
Exception: Two consecutive sets of tandem axles
may carry a gross load not to exceed 34,000 pounds, provided that
the overall distance between the first and last axles of such consecutive
sets of tandem axles is 36 feet or more.
J.
No vehicle shall be operated on the public streets
of the Village of Woodbury other than on pneumatic tires.
K.
For the purpose of this section, the width of pneumatic
tires shall be ascertained by measuring the greatest width of the
tire casing when the tire is inflated.
L.
No person shall operate or move a vehicle or a combination
of vehicles over, on or through any bridge or structure on any highway
if the weight of such vehicle or combination of vehicles and load
is greater than the posted capacity of the structure or the vehicle
exceeds the height of the posted clearance as shown on any official
sign.
M.
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.
N.
In any case wherein the charge laid before the court
alleges a violation of this chapter, any plea of guilty thereafter
entered in satisfaction of such charge must include at least a plea
of guilty to a violation of one of the subsections of this chapter.
No other disposition by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, that if the prosecuting
attorney, upon reviewing the available evidence, determines that the
charge of a violation of this chapter is not warranted, he may consent,
and the court may allow, a disposition by plea of guilty to that or
another charge in satisfaction of such charge; provided, however,
that the court must impose at least the minimum fine as authorized
in this section for the offense.
A.
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.
B.
A violation of the provisions of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in either of such sections, or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule (in addition to the fines as prescribed in Subsection A of this section):
|
Excess Total Weight
(pounds)
| |||
|---|---|---|---|
|
Greater Than but Less Than or Equal to
|
Amount of Fine
| ||
|
Less than or equal to 2,000
|
$50
| ||
|
2,000 to 3,000
|
$75
| ||
|
3,000 to 4,000
|
$100
| ||
|
4,000 to 5,000
|
$200
| ||
|
5,000 to 6,000
|
$300
| ||
|
6,000 to 7,000
|
$400
| ||
|
7,000 to 8,000
|
$500
| ||
|
8,000 to 9,000
|
$600
| ||
|
9,000 to 10,000
|
$700
| ||
|
10,000 to 15,000
|
$1,200
| ||
|
15,000 to 20,000
|
$1,700
| ||
|
20,000 to 25,000
|
$2,200
| ||
|
25,000 to 30,000
|
$2,700
| ||
|
30,000 or greater
|
$2,700 plus $0.06 for each pound in excess of
30,000
| ||
|
[NOTE: Where the excess total weight is greater
than the limits specified by a United States or New York State Department
of Transportation excess weight permit, the permit shall, for the
purposes of computing the fine, be deemed void, and the amount of
fine shall be determined in accordance with the maximum weight which
would have been in effect for the operation of such vehicle if the
permit to exceed such maximum weight had not been issued.]
| |||
C.
A violation of the provisions of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitation as set forth in this chapter or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee, in accordance with the following schedule, in addition to fines as prescribed in Subsection A of this section:
|
Percentage of Excess Weight
|
| ||
|
Greater Than
|
But Less Than or Equal to
|
Amount of Fine
| |
|
0%
|
5%
|
$100
| |
|
5%
|
10%
|
$200
| |
|
10%
|
15%
|
$350
| |
|
15%
|
20%
|
$600
| |
|
20%
|
25%
|
$1,000
| |
|
25%
|
30%
|
$1,600
| |
|
30%
|
or greater
|
$2,450
| |
|
[NOTE: Where the excess axle or axles is greater
than the limits specified by a permit issued by the United States
or New York State Department of Transportation, the permit shall,
for the purposes of computing the fine, be deemed void, and the amount
of fine shall be determined in accordance with the maximum weight
which would have been in effect for the operation of such vehicle
if the permit to exceed such maximum weight had not been issued.]
| |||
D.
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of § 120-5I and also of § 120-5G or H or both § 120-5G and H, there shall be a single fine imposed, and the maximum amount of such fine shall not exceed the highest fine that could be imposed under Subsection A of this section.
E.
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.
