[HISTORY: Adopted by the Town Board of the Town of South Bristol: Art. I, 1-10-1978; Art. II, 3-23-1993 as L.L. No. 1-1993. Amendments noted where applicable.]
As used in this Article, the following terms shall have the meanings indicated:
- Includes all portions of highways in the Town of South Bristol, Ontario County, New York, including, without limitation, shoulders, ditches, culverts and bridges.
- Includes every device upon or by which any person or property may be transported or drawn on a highway, whether licensed or unlicensed.
No person shall at any time leave a vehicle unattended on the right-of-way which would constitute an obstruction to traffic, including municipal vehicles engaged in snowplowing or maintenance operations, nor shall any person park or abandon a vehicle on the right-of-way during snowstorms, floods, fires or other public emergencies.
The Town of South Bristol Highway Superintendent shall have the power to cause the immediate removal of any vehicle found in violation of this Article.
Where a vehicle has been removed pursuant hereto, the owner or operator thereof shall be charged the cost of removal and storage.
Any violation of this Article shall be deemed a traffic infraction pursuant to the provisions of the New York State Vehicle and Traffic Law, and the violation shall be subject to a penalty of not less than two hundred fifty dollars ($250.) nor more than one thousand dollars ($1,000.).
[Adopted 3-23-1993 as L.L. No. 1-1993]
The words and phrases used in this Article shall have, for the purposes of this Article, the meanings respectively ascribed to them by the Vehicle and Traffic Law of the State of New York.
The provisions of this Article shall be held to be the minimum standards and requirements for the health, safety and general welfare. If any section, paragraph, subdivision or provisions of this Article shall be held invalid, such invalidity shall apply only to the section, paragraph, subdivision or provision adjudged invalid, and the rest of this Article shall remain valid and effective. This Article shall be strictly construed to promote the purposes of this Article.
Whenever the requirements of this Article are at variance with the requirements of any other lawfully adopted rule, regulation, ordinance or law, the most restrictive shall govern.
The Town Board may, on its own motion or on petition or on recommendation of the Planning Board, after public notice of hearing, amend, change or repeal this Article pursuant to the provisions of the law applicable thereto.
No person shall drive or move any truck or other vehicle within the Town of South Bristol unless such vehicle is so operated, constructed and loaded as to prevent any load, content or litter from being blown or deposited upon any street, alley or other public place, nor shall any person drive or move any vehicle or truck within the town the wheels or tires of which carry onto or deposit in any street, alley or other public place mud, dirt, sticky substances, litter or foreign matter of any kind.
The parking of vehicles is hereby prohibited on all highways, roadways and streets within the Town of South Bristol between the hours of 12:00 midnight and 8:00 a.m. during the months of December, January, February, March and April.
Vehicles with a gross weight of ten (10) tons or more may not pass over or upon any town highway if, pursuant to law, a sign has been erected on that highway so restricting its use. The exclusion of vehicles having a gross weight of ten (10) tons or more shall take effect upon the erection of signs on the section of the highway from which such vehicles are excluded, and a notice that such vehicles are excluded shall be published in the official newspaper of the town. This exclusion shall remain in effect until the removal of the signs has been directed by the Town Board and the signs have been removed. This restriction shall not be construed to prevent the delivery or pickup of merchandise or other property along the highways from which such vehicles are otherwise excluded unless the delivery or pickup relates to a sustained activity or endeavor such as the delivery of construction materials to a construction site, the delivery of equipment to a construction site or logging operation, the removal of logs pursuant to special permit issued by the Town Board of the Town of South Bristol or any other sustained activity where the passage of such vehicles over and upon the roads and highways of the Town of South Bristol may have the effect of damaging the surface or subsurface of such road or highway.
Upon written application by any operator of a vehicle subject to the provisions of this Article, the Town Board may issue a permit providing appropriate exemption to such vehicle if it is deemed that such vehicle is performing essential load, pickup or delivery services, that a failure to grant such permit would create undue hardship and upon the delivery to the Town Clerk of a certificate of insurance in such amounts as the Town Board shall deem appropriate, which insurance shall specifically provide for coverage for damage to roadways and culverts caused by the operation of such vehicle and over and upon the roads and highways of the town.
No person shall injure any pavement, sidewalk, crosswalk, culvert, creek, drainage ditch or other means of conveyance of natural or surface water or dig or excavate in any street or public place or move any earth or stone therefrom within the town without permission, in writing, from the Superintendent of Highways and under such conditions as such Superintendent may impose, and such Superintendent may order any excavation made contrary to the provisions of this section to be filled up or altered at the expense of the person making the same.
Whenever any public street within the town is in the process of construction or whenever any excavation is being made in such street, it shall be the duty of the person performing the work to place and maintain such sufficient guards, including lights in the nighttime, about such construction or excavation as to secure public safety until said street is ready for public use, and such guards and lights, in all respects, including kind, manner and location, shall be subject to the approval of the Superintendent of Highways.
Upon completion of such excavation, the lands shall be restored to a condition at least equal to the condition existing immediately prior to said excavation.
It is hereby determined that the public health, safety and welfare of the citizens of and visitors to the Town of South Bristol will be fostered and promoted by the regulation of parking at Bristol Mountain Ski Area, Route No. 64, Cumming Nature Center and Camp Warren Cutler (Gulick Road) and Ski Valley Ski Area, County Road No. 33 (West Hollow Road), Writers & Books and any other place that may have a large gathering in the Town of South Bristol.
The provisions of this Article shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
No parking shall be permitted in any area designated as a fire lane and so designated by an appropriate sign posted in accordance with law upon the property known as "Bristol Mountain Ski Area."
No parking shall be permitted in any area where appropriate NO PARKING signs have been erected on property at Bristol Mountain Ski Area, Route No. 64, Cumming Nature Center and Camp Warren Cutler (Gulick Road) and Ski Valley Ski Area, County Road No. 33 (West Hollow Road), Writers & Books and any other place that may have a large gathering in the Town of South Bristol.
Except where a violation of this Article shall have a penalty prescribed therefor by the Vehicle and Traffic Law of the State of New York, any person violating any provision of this Article shall be guilty of an offense punishable by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment for a period not to exceed six (6) months, or both.