[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.]
[Adopted 1-10-1978]
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.
A.
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.
B.
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.
C.
Weight limits.
(1)
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.
(2)
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.
D.
Excavation.
(1)
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.
(2)
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.
(3)
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.
A.
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.
B.
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.
C.
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."
D.
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.
[Amended 6-14-2021 by L.L. No. 3-2021]
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 a violation punishable by a fine not to
exceed $250.
