The Town Board of the Town of Cortlandt has
always deemed it in the public interest and necessary for the public
health, welfare and safety to adopt ordinances regulating traffic
control in the Town of Cortlandt. In this day and age when amendments
to the vehicles and traffic ordinance becomes necessary on a more
frequent basis, a more modern method of adopting such restrictions
is necessary. It is with this in mind that the Town Board does hereby
ordain and adopt this chapter.
The Town Board of the Town of Cortlandt, in
accordance with this chapter, may from time to time adopt traffic
control restrictions on all traffic within the Town of Cortlandt by
adopting rules and regulations as part of this chapter. Any rule or
regulation with respect to the movement of traffic in the Town of
Cortlandt or with respect to parking of automobiles in the Town of
Cortlandt shall be done at a meeting of the Town Board wherein a resolution
of the Board shall be adopted specifically setting forth the restriction
imposed by the Town Board on traffic in the Town of Cortlandt.
[Amended 6-11-2024 by L.L. No. 6-2024]
The Town Clerk, following the Board's adoption
of a resolution requiring the regulation of traffic in the Town of
Cortlandt, shall post said resolution on the official bulletin board
of the Town of Cortlandt as soon after the adoption of said resolution as
may be practicable. Upon the posting of said resolution on the official
bulletin board of the Town as aforementioned, the Town Clerk shall
cause a certified copy of said resolution to be forwarded to the New
York State Police Barracks in the Town of Cortlandt and the Westchester
County Department of Public Safety. Such regulations shall become
effective 10 days following the posting of said resolution on the
official bulletin board of the Town of Cortlandt and the erection
of the appropriate traffic control device.
All regulations existing in the ordinances,
local laws and regulations of the Town of Cortlandt at the time of
the adoption of this chapter shall be continued and shall be indexed
by the Town Clerk as if individually adopted by this Town Board by
resolutions pursuant to the procedure set forth herein.
Chapter 78 of the Town Code of the Town of Cortlandt be and hereby
is repealed in its entirety and Local Law No. 5-1989 be and is hereby
repealed.
[Amended 6-11-2024 by L.L. No. 6-2024]
Any person who shall violate any rule or regulation
as set forth and adopted in accordance with this chapter shall be
guilty of a traffic infraction and, should said violation be written
as a violation of the Vehicle and Traffic Law of the State of New
York, shall be punished in accordance with the penalties prescribed
by the State Legislature in said Vehicle and Traffic Law. Should no
penalty be prescribed in the Vehicle and Traffic Law of the State
of New York and a violation of this chapter shall take place, then
the civil penalty imposed thereon shall be a fine not to exceed the
sum of $150 for the first offense and a fine not to exceed the sum
of $300 for a second such offense. The Justice Court of the Town of
Cortlandt shall have full jurisdiction of any violation of this chapter,
and anyone issued a violation pursuant to this chapter shall have
an opportunity for a trial in the Town of Cortlandt Justice Court
upon request by the person who was issued the violation.