A.
The words and phrases used in this chapter shall,
for the purposes of this chapter, have the meanings respectively ascribed
to them by Article I of the Vehicle and Traffic Law of the State of
New York.
B.
Interpretation.
(1)
Official time standard. Whenever certain hours are
named herein or on traffic control devices, they shall mean the time
standard which is in current use in the State of New York.
(2)
Measurements. Any linear measurements specified for
various orders, rules and/or regulations contained in or adopted and/or
issued pursuant to this chapter shall be deemed to be approximate,
and such measurements, and the order, rule and/or regulation to which
they pertain, shall not be affected or altered in any way by the widening
of a street, by the construction of curbs, gutters or sidewalks or
by any other action which might tend to obliterate the point from
which such measurements were originally made. Unless otherwise indicated,
measurements shall be made from the nearest curbline of the street(s)
referred to in a location description or, if there is no curbline,
from the nearest pavement edge.
(3)
Legal holidays. All New York State legal holidays
shall be considered legal holidays.
The Village Board of Trustees shall direct the
installation and maintenance of traffic control devices when and as
required under the provisions of this chapter to make effective the
provisions of this chapter and may install and maintain such additional
traffic control devices as the Board of Trustees may deem necessary
to regulate, warn or guide traffic under the Vehicle and Traffic Law
of the State of New York, subject to the provisions of §§ 1682
and 1684 of that law.
[Amended 5-15-1995 by L.L. No. 4-1995]
A.
Every person convicted of a violation of any of the provisions of §§ 217-17 through 217-25, inclusive, § 217-26B, §§ 217-27 through 217-35, inclusive, §§ 217-46 through 217-53, inclusive, or § 217-55 shall, for the first conviction thereof, be punished by a fine of not more than $25; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $35; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Notwithstanding the foregoing, the additional fine for a second or third conviction within the applicable eighteen-month period shall not be imposed if all previous convictions have been disposed of prior to the time that a penalty has been imposed. In the event that any fine which is imposed by this Subsection A of this § 217-3 is not paid within 10 days after the date that such fine is imposed, then, in addition to any such fine, a penalty shall be assessed against such person in an amount equal to the amount of the unpaid fine (i.e., with respect to a fine of $25, the penalty shall equal $25, resulting in the total amount owed of $50.) In addition, a warrant may be issued if the fine is not paid within said 10 days, unless a longer time to pay the fine is allowed by the court. For purposes of this subsection, a "fine" shall mean the amount due for the violation at the time of issue, a "penalty" shall mean the amount of the surcharge computed after the violation is more than 10 days' delinquent, and the "total amount owed" shall mean the total amount of the fine and penalty. For purposes of this subsection, a "conviction" shall include all of the following: a plea of guilty, a conviction after trial or the failure to respond to the notice of violation within 10 days after the notice of violation is issued.
[Amended 11-4-1996 by L.L. No. 8-1996]
B.
Except as provided for in § 217-3A of this chapter, every person convicted of a violation of any provision of this chapter which is not preempted by any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than $100 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $150 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 90 days, or by such fine and imprisonment. In addition, a warrant may be issued if any such fine is not paid within 30 days after the fine is imposed, unless a longer time to pay is allowed by the court.
All prior local laws, ordinances, orders, rules and/or regulations, or parts of such, of this village regulating traffic and parking are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any local law, ordinance, order, rule and/or regulation hereby repealed prior to the taking effect of this chapter. This § 217-4 shall not repeal any portions of Chapter 37, Traffic Violations Bureau, Chapter 196, Streets and Sidewalks, or Chapter 210, Taxicabs, of the Code of the Village of Ellenville.
If any Article, section, subsection, paragraph,
sentence, clause or provision of this chapter shall be adjudged by
any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the Article, section, subsection,
paragraph, sentence, clause or provision thereof directly involved
in the controversy in which such judgment shall have been rendered.
A.
Except for those parts, if any, which are subject
to approval under § 1684 of the Vehicle and Traffic Law
of the State of New York, this chapter and any orders, rules and/or
regulations issued hereunder shall take effect as provided by law.
B.
Any part or parts of this chapter and any orders,
rules and/or regulations adopted and/or issued hereunder which are
subject to approval under § 1684 of the Vehicle and Traffic
Law of the State of New York shall take effect from and after the
day on which approval in writing is received from the New York State
Department of Transportation.
