[Adopted 8-8-1988 by L.L. No. 8-1988 and 3-12-1990 by L.L. No. 2-1990; amended in its entirety 7-12-2004 by L.L. No. 7-2004]
This article is adopted pursuant to the authority
of § 1660 of the Vehicle and Traffic Law of the State of
New York and § 10 of the Municipal Home Rule Law of the
State of New York.
This article is adopted in order to minimize
the adverse impact of traffic upon certain communities in the Town
and certain of its streets and bridges, and in order to promote the
health, safety and welfare of the community.
No through traffic of trucks, commercial vehicles,
truck tractors, or tractor-trailer combinations, with a maximum registered
gross vehicle weight in excess of five tons shall be permitted on:
For purposes of this article:
Shall mean the maximum gross vehicle weight for which the
vehicle is registered with the New York State Department of Motor
Vehicles. If the vehicle is registered in a jurisdiction other than
the State of New York, the term shall mean the maximum gross vehicle
weight for which the vehicle is registered with the applicable motor
vehicle department or similar agency in the jurisdiction in which
the vehicle is registered and which weight is shown on the registration
for such vehicle. If the vehicle is registered in a governmental jurisdiction
that does not indicate a maximum gross vehicle weight on registrations,
the term shall mean the manufacturer's gross vehicle weight rating
(GVWR) as indicated on the vehicle safety certification label.
[Amended 4-11-2022 by L.L. No. 7-2022]
A.
All provisions of New York State law generally and procedurally applicable
to misdemeanors shall apply to any criminal proceeding brought under
this article, and any misdemeanors shall be deemed unclassified misdemeanors.
For purposes of this article the Town of Ithaca's Justice Court is
hereby vested and imbued with jurisdiction to issue administrative
and other warrants in compliance with the New York Criminal Procedure
Law and administrative codes of the State of New York, as well as
to hear and adjudicate allegations relating to the criminal violation
of this article, and to thereafter, if appropriate, impose any fine,
penalty, sentence, or sanction.
B.
First offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article shall be guilty of a criminal
violation and subject to a fine of not less than $100 and not more
than $300, or by imprisonment for not more than 15 days, or both such
fine and imprisonment.
C.
Second offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article within 18 months of any
prior judicial finding or conviction under this article shall be guilty
of a second offense. Any person or entity that commits any second
offense shall be guilty of a criminal violation and subject to a fine
of not less than $200 and not more than $500, or by imprisonment for
not more than 15 days, or both such fine and imprisonment.
D.
Third offense. Any person or entity that violates, or fails to comply
with, any of the provisions of this article within 18 months of any
prior judicial finding or conviction under this article of a second
offense, shall be guilty of a third offense. Any person or entity
that commits any third offense shall be guilty of an unclassified
misdemeanor and subject to a fine of not less than $500 and not more
than $2,500, or by imprisonment for not more than 120 days, or both
such fine and imprisonment.
E.
The application or pursuit of any civil or criminal fine, sanction,
or penalty shall not preclude the pursuit of any other lawful remedy
by the Town of Ithaca, including, but not limited to, the right to
seek equitable relief. Whenever the Town of Ithaca shall believe from
evidence satisfactory to it that there is any violation of, or noncompliance
with, this article, the Town of Ithaca may bring an action to enjoin
and restrain the continuation of such violation. In any such action:
a) preliminary relief may be granted under Article 63 of the Civil
Practice Law and Rules; and b) the Town of Ithaca shall not be required
to post any bond or undertaking, prove that there is or will likely
be irreparable harm, or prove that the Town of Ithaca has no adequate
remedy at law. In any such action, the court may also award any damages
or other relief requested, including declaring the rights and interests
of any parties and imposing restitution or damages. The remedies provided
by this article shall not be in lieu of, and shall be in addition
to, any other right or remedy available to the Town of Ithaca, whether
sounding in law, equity, enforcement or otherwise.
[Amended 4-11-2022 by L.L. No. 7-2022]
This article shall not apply to:
A.
Local deliveries and pickups to and from properties located on the
aforementioned Town of Ithaca highways by vehicles otherwise prohibited
from using said highways by the provisions of this article;
B.
Vehicles associated with a farm operation [as defined by New York
State Agriculture and Markets Law § 301(11)], when a vehicle
weight limit applies within a New York State-certified agricultural
district;
C.
School buses, related educational transportation vehicles, and municipally
owned or sponsored mass transit, including TCAT buses;
D.
Law enforcement vehicles;
E.
Ambulances and fire trucks, and vehicles owned and operated by municipalities
or fire companies on emergency or official municipal or firefighting
business;
F.
Military vehicles;
G.
Maintenance, repair, and service vehicles owned and operated by a
utility company or public authority while on official business, but
excluding any pipeline transportation companies and similar entities
that are not engaged in providing services to nearby residential,
business or institutional structures; and
H.
Municipal and other governmental vehicles engaging in maintenance,
repairs, or the provision or performance of any municipal service,
together with those vehicles contracted for such services by any municipality
or governmental unit.
This article shall be effective with respect
to each named street upon the erection or posting of modified signs
or markings giving notice of the restrictions contained herein and
that the maximum weight is determined by maximum registered gross
vehicle weight. Until such time the previous law which this article
supersedes shall remain in effect.
