[HISTORY: Adopted by the Town Board of the
Town of Harrison 8-6-1997 by L.L. No. 8-1997. Amendments noted where
applicable.]
A.
Except as expressly permitted by the United States
or the New York State Department of Transportation, and except where
the requirement for local delivery will permit no alternate legal
route, no person shall operate or move or cause or knowingly permit
to be operated or moved on any public street in the Town of Harrison
any vehicle or combination of vehicles of a size or weight exceeding
the limitations provided for in this section.
B.
(1) The width of a vehicle, inclusive of load, shall
be not more than 96 inches plus safety devices on any town highway
in the Town of Harrison.
(1)
The provisions of Subsection B(1) of this section shall not apply to vehicles and implements or combinations thereof not over 13 feet in width used solely for farm purposes during the period from sunrise to sunset, provided at least two red flags not smaller than 18 inches square be displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet. However, no such vehicles, implements or combinations thereof shall be operated on any highway after 10:00 a.m. on any Saturday, Sunday or legal holiday, except for trips of two miles or less.
[Amended 6-3-1998 by L.L. No. 4-1998]
(2)
The provisions of Subsection B(1) of this section shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed 98 inches.
(3)
Notwithstanding the provisions of Subsection B(1) of this section, racks for carrying hay, straw or unthreshed grain may have a width of 10 feet at the top of the rack. In no case shall the width at the base of the rack exceed 102 inches, nor shall the width of a rack exceed 102 inches at any portion thereof while on any town highway.
C.
The height of a vehicle from underside of tire to
top of vehicle, inclusive of load, shall be not more than 13 1/2
feet. Any damage to highways, bridges or highway structures resulting
from the use of a vehicle exceeding 13 feet in height where such excess
height is the proximate cause of the accident shall be compensated
for by the owner and operator of such vehicle.
D.
(1) The length of a single vehicle, inclusive of load
and bumpers, shall not be more than 40 feet unless otherwise provided
in this section.
[Amended 6-3-1998 by L.L. No. 4-1998]
(1)
The length of a semitrailer or trailer shall not exceed 48 feet except as provided in Subsection D(1) of this section; provided, however, that the length of any trailer or semitrailer being operated in combination with another trailer or semitrailer shall not exceed 28 1/2 feet.
[Amended 6-3-1998 by L.L. No. 4-1998]
(2)
The length of buses having a carrying capacity of
more than seven passengers shall not exceed 45 feet, except that the
length of articulated buses shall not exceed 62 feet.
[Amended 6-3-1998 by L.L. No. 4-1998]
(3)
The provisions of this subsection shall not apply
to fire vehicles.
(4)
Any semitrailer with a length not to exceed 48 feet
may be operated on any town highway, provided that the total length
of a combination of vehicles including such a semitrailer does not
exceed 55 feet.
[Amended 6-3-1998 by L.L. No. 4-1998]
E.
(1) The total length of a combination of vehicles,
inclusive of load and bumpers, shall not be more than 65 feet.
[Amended 6-3-1998 by L.L. No. 4-1998]
(1)
The provisions of Subsection E(1) of this section shall not apply to:
(a)
Vehicles of a corporation which is subject to
the jurisdiction of the Public Service Commission or other regulatory
body and which are used in the construction, reconstruction, repair
or maintenance of its property or facilities, provided that any such
vehicle complies with the safety requirements of the laws and regulations
of the United States and of New York State pertaining to over-length
vehicles;
(b)
Vehicles hauling poles, girders, columns or
other similar objects of excess length, provided that any such vehicle
complies with the safety requirements of the laws and regulations
of the United States and of New York State pertaining to such over-length
vehicles;
(c)
Fire vehicles;
(d)
Any vehicle or combination of vehicles which
is disabled and unable to proceed under its own power and is being
towed for a distance not in excess of 10 miles for the purpose of
repairs or removal from the highway; and
(e)
Stinger-steered automobile transporters, while
operating on qualifying and access highways. Such vehicles shall not,
however, exceed 75 feet exclusive of an overhang of not more than
three feet on the front and four feet on the rear of the vehicle.
[Added 6-3-1998 by L.L. No. 4-1998]
F.
In determining the number of wheels and axles on any
vehicle or combination of vehicles within the meaning of this section,
only two wheels shall be counted for each axle, and axles which are
less than 46 inches apart from center to center shall be counted as
one axle. However, in the case of multiple tires or multiple wheels,
the sum of the widths of all the tires on a wheel or combination of
wheels shall be taken in determining tire width.
G.
Subject to the provisions of § 222-1A of this chapter governing maximum vehicle gross weights, the weight per inch width of tire on any one wheel of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, shall be not more than 800 pounds.
H.
Subject to the provisions of § 222-1A of this chapter governing maximum vehicle gross weights, the weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall be not more than 11,200 pounds.
I.
Subject to the provisions of § 222-1A of this chapter governing maximum vehicle gross weights, the weight on any one axle of a single vehicle equipped with pneumatic tires, when loaded, shall be not more than 22,400 pounds.
J.
Subject to the provisions of § 222-1A of this chapter governing maximum vehicle gross weights, the weight on any two consecutive axles of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than 36,000 pounds; except, where axles are spaced eight feet or greater but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection of Subsection K of this section and, in addition, shall not exceed 40,000 pounds. Axles are to be counted as provided in Subsection F of this section.
K.
Subject to the provisions of § 222-1A of this chapter governing maximum vehicle gross weights, a single vehicle or a combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center of the rearmost axle. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicles or combination of vehicles having a total gross weight less than 71,000 pounds, the higher of the following shall apply:
(1)
The total weight on all axles shall not exceed 34,000
pounds, plus 1,000 pounds for each foot and major fraction of a foot
of the distance from the center of the foremost axle to the center
of the rearmost axle; or
(2)
The overall gross weight on a group of two or more
consecutive axles shall not exceed the weight produced by application
of the following formula:
|
W = 500 ((LxN)/(N-1) + (12xN) + 36)
|
|
Where
|
|
W = Overall gross weight on any group of two
or more consecutive axles to the nearest 500 pounds.
|
|
L = Distance in feet from the center of the
foremost axle to the center of the rearmost axle of any group of two
or more consecutive axles.
|
|
N = The number of axles in the group under consideration; except that two consecutive sets of tandem axles may carry a gross load not to exceed 34,000 pounds, providing the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more. For any vehicle or combination of vehicles having a total gross weight of 71,000 pounds or greater, Subsection (2) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of § 222-1A governing maximum vehicle gross weights.
|
L.
No vehicle shall be operated on the public streets
of the Town of Harrison other than on pneumatic tires.
M.
For the purpose of this section, the width of pneumatic
tires shall be ascertained by measuring the greatest width of the
tire casing when tire is inflated.
N.
No person shall operate or move a vehicle or a combination
of vehicles over, on or through any bridge or structure on any highway
if the weight of such vehicle or combination of vehicles, and load,
is greater than the posted capacity of the structure or exceeds the
height of the posted clearance as shown by an official sign.
O.
If a vehicle or combination of vehicles is operated
in violation of this section, an appearance ticket or summons may
be issued to the registrant of the vehicle or, if a combination of
vehicles, to the registrant of the hauling vehicle, rather than the
operator. In the event the vehicle is operated by a person other than
the registrant, any appearance ticket or summons issued to the registrant
shall be served upon the operator, who shall be deemed the agent of
the registrant only for the purpose of receiving such appearance ticket
or summons. In addition, a notice containing all pertinent information
relating to the charge which is contained on the summons or appearance
ticket shall be mailed by or on behalf of the person who issued the
appearance ticket or summons to the registrant at the address given
on the registration certificate for the vehicle or, if no registration
certificate is produced at the time the appearance ticket or summons
is issued, to the address of the registrant on file with the department
within five days after the date of issuance of the appearance ticket
or summons, but at least five days before the return date specified
on the appearance ticket or summons. Proof of mailing to the registrant
under this section shall be filed with the court in which the appearance
ticket or summons is returnable on or before the return date. The
provisions of this subsection shall not apply to owner-operators of
any motor vehicle or to any motor vehicle or trailer which is registered
in the name of a person whose principal business is the lease or rental
of motor vehicles or trailers unless the motor vehicle or trailer
is being operated by an employee of the registrant or for a community
of interest other than the lease or rental agreement between the parties
to the lease or rental agreement.
P.
In any case wherein the charge laid before the court
alleges a violation of this section, any plea of guilty thereafter
entered in satisfaction of such charge must include at least a plea
of guilty to a violation of one of the subsections of this section.
No other disposition by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, if the prosecuting
attorney, upon reviewing the available evidence, determines that the
charge of a violation of this section is not warranted, he may consent
and the court may allow a disposition by plea of guilty to that or
another charge in satisfaction of such charge; provided, however,
the court must impose at least the minimum fine as authorized in this
section for the offense.
A.
The violation of the provisions of § 222-1 of this chapter shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days or by both such fine and imprisonment, for the first offense; by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days or by both such fine and imprisonment, for the second or subsequent offense in both cases plus the fine provided in Subsection (1) of this subsection.
(1)
A violation of the provisions of Subsection K of § 222-1 of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in either of such sections, or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule in addition to the fines as prescribed in Subsection A of this section:
|
Excess Total Weight in Pounds
| ||
|---|---|---|
|
Greater Than
|
But Less Than or Equal to
|
Amount of Fine
(dollars)
|
|
0
|
2,000
|
$50.00
|
|
2,000
|
3,000
|
$75.00
|
|
3,000
|
4,000
|
$100.00
|
|
4,000
|
5,000
|
$200.00
|
|
5,000
|
6,000
|
$300.00
|
|
6,000
|
7,000
|
$400.00
|
|
7,000
|
8,000
|
$500.00
|
|
8,000
|
9,000
|
$600.00
|
|
9,000
|
10,000
|
$700.00
|
|
10,000
|
15,000
|
$1,200.00
|
|
15,000
|
20,000
|
$1,700.00
|
|
20,000
|
25,000
|
$2,200.00
|
|
25,000
|
30,000
|
$2,700.00
|
|
30,000
|
$0.06 for each pound in excess of 30,000
| |
|
Note: Where the excess total weight is greater
than 10,000 pounds in excess of the limits specified by a United States
or New York State Department of Transportation excess weight permit,
the permit shall, for the purposes of computing the fine, be deemed
void and the amount of fine shall be determined in accordance with
the maximum weight which would have been in effect for the operation
of such vehicle if the permit to exceed such maximum weight had not
been issued.
[Amended 6-3-1998 by L.L. No. 4-1998] |
(2)
A violation of the provisions of Subsections I and J of § 222-1 of this chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitation as set forth in such section or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle or vehicles were in the charge of the registered owner or his agent or lessee, in accordance with the following schedule, in addition to the fines as prescribed in Subsection A of this section:
|
Percentage of Excess Weight
| ||
|---|---|---|
|
Greater Than
|
But Less Than or Equal to
|
Amount of Fine
(dollars)
|
|
0%
|
5%
|
$100
|
|
5%
|
10%
|
$200
|
|
10%
|
15%
|
$350
|
|
15%
|
20%
|
$600
|
|
20%
|
25%
|
$1,000
|
|
25%
|
30%
|
$1,600
|
|
30%
|
$2,450
| |
|
Note: Where the excess axle or axles weight
is greater than 10% in excess of the limits specified by a permit
issued by the United States or New York State Department of Transportation,
the permit shall, for the purposes of computing the fine, be deemed
void and the amount of the fine shall be determined in accordance
with the maximum weight which would have been in effect for the operation
of such vehicle if the permit to exceed such maximum weight had not
been issued.
[Amended 6-3-1998 by L.L. No. 4-1998] |
(3)
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of § 222-1, Subsections I, J and/or K, there shall be a single fine imposed and the maximum amount of such fine shall not exceed the highest fine that could be imposed under Subsection A of this section.
B.
The court may impose any sentence authorized by this
chapter; provided, however, any such sentence must include a fine
as provided in this section.
