[Adopted 8-24-2023 by L.L. No. 10-2023]
The purpose of this article is to establish weight limitations
on certain Town roads. The Town Board of the Town of Coeymans has
been advised, and from its own observation has ascertained, that certain
Town highways are caused to be rapidly deteriorating by the operation
of certain trucks and similar vehicles, and the Town Board of the
Town of Coeymans has determined that for the preservation of its limited
resources and the health, safety and welfare of the inhabitants of
the Town and the protection and security of its highways, that certain
trucks, commercial vehicles, and tractor trailer semi combinations
must be restricted from certain Town highways as set forth in this
article.
The Town Board of the Town of Coeymans as legislative body for
the Town of Coeymans hereby enacts this article pursuant to authority
conferred by New York State Municipal Home Rule Law § 10.
It is the intent of this article to establish weight limitations
on Town roads in the Town of Coeymans. The Town Board of the Town
of Coeymans received significant community input concerning the frequency
of heavy truck traffic on Town roads in the Town of Coeymans, New
York. Upon an investigation by the Town Supervisor and the Town Highway
Superintendent, it has been determined that it is necessary, desirable
and appropriate for the safety and general welfare of all residents
of the Town of Coeymans, and all persons using the sections of the
Town roads as well as the residences along the Town roads that certain
weight limitations be established, such that vehicular traffic over
the weights set forth herein shall be precluded from the use of such
Town roads during the period of January 1 through December 31 of each
year. Road damage from seasonable freeze and thaw due to vehicles
with heavy loads has been evident. The Town Board of the Town of Coeymans
is cognizant of the need to ensure reasonable vehicular movement through
the Town; it is determined that there are ample, adequate and safer
routes for traffic of weights in excess of those set forth herein,
which would amply provide for the free movement of such vehicular
traffic in and about the Town of Coeymans.
A.
Pursuant to New York State Vehicle and Traffic Law § 1660,
all trucks, commercial vehicles, tractors and tractor trailer combinations
in excess of a gross weight, as defined in Vehicle and Traffic Law
§ 117, over eight or more tons are excluded from the highways
or portions thereof as described herein on following Town roads within
the Town of Coeymans, not any portion of which is in a village, during
the period of January 1 in any year through December 31 in any year:
B.
All such Town roads shall be posted with signs giving notice of weight
limitation established in this article during the period. Exclusion
of vehicles over eight or more tons as provided for herein on the
roads designed shall take effect upon the erection of signs on the
said Town roads from which such vehicles are excluded. The Superintendent
of Highways for the Town of Coeymans is hereby directed, empowered
and authorized to erect any and all necessary signage upon said Town
roadways for posting the notice of such weight limits as provided
for herein.
Public notice of the weight limitations established herein shall
be published in the official Town newspaper upon passage hereof. The
Town Clerk of the Town of Coeymans is hereby directed, empowered and
authorized to cause such notice to be published in the official newspaper
forthwith.
Upon written application by any operator of a vehicle subject
to this article, the Town Superintendent of Highways, pursuant to
Vehicle and Traffic Law § 1603, Subdivision (e), may issue
a permit providing an appropriate exemption to any such excluded vehicle,
if it is deemed that said vehicle is performing essential local pickup
or delivery service and that a failure to grant such permit would
create hardship. Every such permit may designate the route to be traversed
and contain other reasonable restrictions or conditions deemed necessary.
Every such permit shall be open to inspection of any peace officer,
acting pursuant to his or her special duties, or police officer.
