[Adopted 4-24-1978 by Ord. No. 1-1978]
The following words when used in this article shall have the following meanings:
- Includes a corporation, association, organization, firm and partnership as well as an individual.
- STREET or HIGHWAY
- Any and all parts of the public road, street or highway used for traveling purposes by the public and maintained as such by the Town of Mount Hope.
- The Town of Mount Hope, New York, and the area within the intent of this article shall be the lands within the Town of Mount Hope, but without the Corporate Village of Otisville.
Whenever in this article, any word importing the singular number or masculine gender is used in referring to any person, party, matter or thing, the same shall include and apply to several persons or parties as well as to one person or party, to females as well as males, and to several matters or things as well as one matter or thing.
It shall be unlawful for any person to hereafter operate upon any part or portion of the streets herein set forth any vehicle in excess of 18,000 pounds, except for local deliveries to persons, firms or corporations on said streets.
The Town streets to which this article shall apply and upon which traffic in excess of 18,000 pounds is prohibited are as follows:
[Added 4-11-2005 by L.L. No. 1-2005]
No person shall operate a truck, commercial vehicle, tractor, tractor-trailer combination or any other vehicle weighing in excess of five tons upon and over that portion of Mapes Road, also known as "Town Road No. 15," located within the Town of Mount Hope, Orange County, New York.
Gross weight shall be defined as the weight of any vehicle without load, plus the weight of any load thereon.
Exclusions. The weight limitations set forth hereinabove shall not be deemed or construed to prevent local pickup and/or delivery by vehicles to premises located on Mapes Road (Town Road No. 15) nor shall said limitation apply to school buses or emergency vehicles.
The Town Board hereby delegates to the Superintendent of Highways the authority on written application and filing of the same with the Town Clerk, the right to permit traffic in excess of 18,000 pounds over those roads; furnishing by the applicant of a bond or cash to be delivered to the Town Supervisor in 1 1/2 times the sum of any estimated damages computed by the Highway Superintendent, both said written estimate and permit to be filed with the Town Clerk prior to permitting such use in contravention of the terms of this article.
Any person violating any of the provisions of this article shall upon conviction thereof be guilty of an offense and shall be subject to the payment of a fine not exceeding $200 or to imprisonment for a period not exceeding 90 days or both. Each day's violation shall constitute a separate and additional violation; notwithstanding the penalty hereinbefore provided, the Town of Mount Hope may enforce obedience of this article or any part thereof by injunction to restrain such violation. Notwithstanding the penalty hereinbefore provided, the Town of Mount Hope may also prosecute in a civil action any person violating this article for damages incurred by the actions of such person.