A.
The terms used in this chapter shall be defined to
include those meanings specifically set forth in the Vehicle and Traffic
Law of the State of New York.
B.
CONGESTED DISTRICT
The following additional definitions shall have the
meanings respectively ascribed to them in this section:
That part of the City within the following boundaries:
|
Main Street from Stone Street to the Penn-Central
Railroad Tracks; all of Phelps Street; all of Madison Street; all
of Vanderbilt Avenue; James Street from Phelps Street to Elm Street;
Central Avenue from Main Street to the west side of West Street; West
Street with Lenox Avenue to Central Avenue; Lenox Avenue from Main
Street to the west side of West Street; Washington Avenue from Main
Street to Broad Street; Stone Street from Broad Street to Elizabeth
Street; all of Cedar Street; William Street from Madison Street to
Sherman Street; Sconondoa Street from Lake Street to the Ontario and
Western Railroad; North Main Street from the Penn-Central Railroad
Tracks north to Monahan Street.
|
A.
The provisions of this chapter applicable to the drivers
of vehicles upon the highways shall apply to drivers of all vehicles
owned or operated by the United States, this state or any county,
city, town, district or any other political subdivision of the state,
except as provided in this section and subject to such specific exceptions
as are set forth in the Vehicle and Traffic Law with reference to
authorized emergency vehicles.
B.
Unless specifically made applicable, the provisions
of this chapter shall not apply to persons, teams, motor vehicles
and other equipment while actually engaged in work on a highway.
C.
The provisions of this section shall not relieve any
person or team or any operator of a motor vehicle or other equipment
while actually engaged in work on a highway from the duty to proceed
at all times during all phases of such work with due regard for the
safety of all persons nor shall this section protect such persons
or teams or such operators of motor vehicles or other equipment from
the consequences of their reckless disregard for the safety of others.
A.
The driver of an authorized emergency vehicle, when
involved in an emergency operation, may exercise the privileges set
forth in this section, but subject to the conditions herein stated.
B.
The driver of an authorized emergency vehicle may:
(1)
Stop, stand or park irrespective of the provisions
of this chapter.
(2)
Proceed past a steady red signal, a flashing red signal
or a stop sign, but only after slowing down as may be necessary for
safe operation.
(3)
Exceed the maximum speed limits so long as he does
not endanger life or property.
(4)
Disregard regulations governing directions of movement
or turning in specified directions.
C.
Except for an authorized emergency vehicle operated
as a police vehicle, the exemptions herein granted to an authorized
emergency vehicle shall apply only when audible signals are sounded
from any said vehicle while in motion by bell, horn, siren, electronic
device or exhaust whistle as may be reasonably necessary, and when
the vehicle is equipped with at least one light lamp so that from
any direction, under normal atmospheric conditions from a distance
of 500 feet from such vehicle, at least one red light will be displayed
and visible.
D.
An authorized emergency vehicle operated as a police,
sheriff or deputy sheriff vehicle may exceed the maximum speed limits
for the purpose of calibrating such vehicle's speedometer.
E.
The foregoing provisions shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions protect
the driver from the consequences of his reckless disregard for the
safety of others.
Every person riding an animal or driving an
animal-drawn vehicle upon a roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver
of a vehicle by this chapter, except those provisions of this chapter
which by their very nature can have no application.
The Commissioner of Public Safety is authorized
to mark lanes for traffic on street pavements at such places as he
may deem advisable, consistent with the provisions of this chapter.
The Commissioner of Public Safety is hereby
authorized to establish and to designate and shall hereafter maintain
or cause to be maintained, by appropriate devices, marks or lines
upon the surface of the roadway, crosswalks at all intersections where,
in his opinion, there is particular danger to pedestrians crossing
the roadway and at such other places as he deems necessary.
A.
The Commissioner of Public Safety shall make, promulgate
and enforce, in the interests of public safety and convenience, rules
and regulations, not inconsistent with the provisions of this chapter,
governing and designating parking, parking spaces, loading zones,
safety zones, one-way traffic streets and through traffic streets.
Any such rules and regulations shall be indicated on signs conspicuously
placed or posted in or along the streets, highways and public squares
or parts thereof to which the same are applicable.
B.
The Commissioner of Public Safety is authorized to
promulgate rules and regulations governing the movement of traffic
at intersections and requiring vehicles to stop, slow down or yield
right-of-way and shall cause to be erected appropriate signs or traffic
signals evidencing such rules and regulations. Such rules and regulations
hereafter made by the Commissioner shall become effective upon his
filing the same with the City Clerk and the erection of the aforesaid
signs.
C.
The Commissioner of Public Safety is hereby empowered
to make and enforce regulations necessary to make effective the provisions
of this chapter and to make temporary regulations, effective for not
to exceed 48 hours, to cover emergencies or special conditions provided
any such regulations are not inconsistent with the provisions of the
law or this chapter.
D.
All rules and regulations promulgated pursuant to
this section shall be effective upon filing with the City Clerk and
the posting of appropriate signs.
[As last amended amended 12-1-1992 by Ord. No.
92-06]
A.
No vehicle, except an authorized emergency vehicle,
shall be driven at a rate of speed greater than 55 miles per hour
on the public highways in the city.
B.
No vehicle, except an authorized emergency vehicle,
shall be driven at a rate of speed greater than 30 miles per hour
within the inside district, except those streets listed below:
(1)
Lenox Avenue, from a point 684 feet west of Sayles
Street to corporation tax district, 55 miles per hour.
(2)
New York State Route No. 5 from the easterly City
line west to a point 1,300 feet east of the intersection of said Route
5 and Sayles Street, 35 miles per hour; and from a point 1,300 feet
east of the intersection of Route 5 and Sayles Street to a point 200
feet west of said intersection, 45 miles per hour, from a point 200
feet west of the intersection of Sayles and Route 5 to the corporation
line, 55 miles per hour.
(3)
Cobb Street, from the intersection of North Main Street
westerly to the corporation line, 55 miles per hour.
(4)
Sturm Road, 55 miles per hour.
(5)
North Lake Street, from a point 700 feet north of
Gladwell Avenue to the corporation line, 45 miles per hour.
(6)
North Main Street, from a point 100 feet north of
Conrail to the corporation line, 55 miles per hour.
(7)
Williams Street, from the dead end at the Thruway
to the corporation line, 55 miles per hour.
(8)
Glenwood Avenue, also known as "Route 46," from the
southerly side of New York State Route 5 to the corporation tax district
line, 35 miles per hour.
(9)
Allen Park Place, from Broad Street to Broadway, 25
miles per hour.
[Added 6-21-2001]
(10)
Broadway, from Allen Park Place to Summit Avenue,
25 miles per hour.
[Added 6-21-2001]
(11)
Summit Avenue, from Broadway to Seneca Street, 25
miles per hour.
[Added 6-21-2001]
C.
The following streets in the outside district are
hereby designated for lower speed limits as follows:
(1)
Fitch Street, from the corporation line to its intersection
with West Elm Street, 30 miles per hour.
(2)
Grand Street, from the corporation line to its dead
end at the railroad tracks, 30 miles per hour.
(3)
Sweatman Avenue, 30 miles per hour.
(4)
Lake Road, from the intersection with North Main Street
westerly to a point 1800 feet north of the Erie Canal crossing, 40
miles per hour.
(5)
Doran Road, 30 miles per hour.
[Amended 8-7-2012 by Ord.
No. 12-04]
(6)
Tanner Road, 30 miles per hour.
[Amended 8-7-2012 by Ord.
No. 12-04]
(7)
Old North Main Street, 30 miles per hour.
[Amended 8-7-2012 by Ord.
No. 12-04]
(8)
Palmer Drive and Oatman Circle, 30 miles per hour.
(9)
Glenwood Avenue, also known as "Route 46," from the
corporation tax district line to a point 0.2 mile south of the intersection
of Fairview Avenue, 45 miles per hour.
(10)
Hubbard Place, between Route 5 and West Elm Street,
30 miles per hour.
(11)
Lake Street, between the corporation tax district
line and the intersection of Route 46, 30 miles per hour.
(12)
Upper Lenox Avenue (Merrillsville Road), between Route
5 and a point 0.6 mile south of Route 5, 30 miles per hour.
(13)
Upper Lenox Avenue (Merrillsville Road), between a
point 0.6 mile south of Route 5 and the southerly City line, 40 miles
per hour.
(14)
Brewer Road, between Mount Hope Avenue and a point
4200 feet south of Mount Hope Avenue, 25 miles per hour.
(16)
Mount Hope Avenue, westerly to a point 0.7 mile from
its intersection with Route 46, 30 miles per hour.
[Amended 12-6-2000; 8-16-2011 by L.L. No. 6-2011]
(17)
Schoolheimer Road, 40 miles per hour.
(18)
Middle Road.
[Added 12-6-2000]
(a)
From the northern City line on Middle Road to
a point 5/10ths of a mile north of the intersection of Middle Road
and Chapel Street, 45 miles per hour; and
(b)
From a point 5/10ths of a mile north of the
intersection of Middle Road and Chapel Street to the southern City
line on Middle Road, 30 miles per hour.
D.
The following area in the outside district is hereby
declared to be an area speed zone of 30 miles per hour, bounded as
follows:
|
Starting at the intersection of Oneida Creek
with the southerly boundary line of the city; thence westerly along
the southerly boundary line of the City to the point at which it intersects
the northerly edge of Peterboro Road; thence along the northerly boundary
of Peterboro Road to the intersection of the westerly boundary of
Middle Road; thence northerly along the westerly boundary of Middle
Road to the intersection of the southerly boundary of Union Street;
thence westerly along the southerly boundary of Union Street a distance
of 3/4 of a mile to a point; thence northerly and crossing Union Street
at right angles to its center line to a point; thence northerly in
a straight line to a point in the westerly boundary of the Middle
Road located 6/10 of a mile north of Union Street; thence easterly
at a right angle to Oneida Creek; thence southerly along Oneida Creek
to the southerly boundary of the city.
|
E.
School speed zones. Notwithstanding any other provisions
of this article, no vehicle, except an authorized emergency vehicle,
shall be driven at a rate of speed greater than 20 miles per hour
along the following streets, which are hereby declared to be school
speed zones:
[Amended 12-6-2000]
(1)
Along a portion of Seneca Street from a point just
south of the southerly intersection of Maple Drive and Seneca Street
north to a point just south of the intersection of Summit Avenue and
Seneca Street.
(2)
Along a portion of Seneca Street, from a point at
the northerly boundary of Belmont Avenue (at the northwest corner
of its intersection with Seneca Street) to a point at the northerly
boundary of Bates Avenue.
(3)
Along a portion of Franklin Street at the northern
boundary of Belmont Avenue north to a point 1/10th of a mile south
of the intersection of Cleveland Avenue and Franklin Street.
(4)
All along East Avenue from the intersection of East
Avenue and Elizabeth Street east to the east end of East Avenue.
(5)
Along a portion of Elizabeth Street from the intersection
of Elizabeth Street and Walnut Street north to a point 1/10th of a
mile south of the intersection of the Main Street and Elizabeth Street
at the north end of Main and Elizabeth Streets.
(6)
Along a portion of East Walnut Street from a point
just east of the intersection of Main Street and East Walnut Street
east to a point on East Walnut Street 1/10th of a mile west of the
intersection of East Walnut Street and Wilbur Street.
(7)
Along a portion of North Broad Street just north of
the intersection of North Broad Street and West Elm Street north to
the intersection of North Broad Street and St. Joseph's Place.
Stop signs shall be erected so as to designate
the following streets as through streets:
|
Broad Street
|
|
Elm Street from James Street to Warner Street
|
|
Lenox Avenue from City limits to Broad Street
|
|
Main Street
|
|
Madison Street
|
|
Sconondoa Street
|
|
Seneca Turnpike from Broad Street to New York,
Ontario and Western Railroad tracks
|
|
Warner Street
|
|
Williams Street
|
No vehicle shall be operated in making a turn
in any street so as to obstruct or interfere with other vehicles.
No vehicles shall make a complete or U-turn on any street in the congested
district.[1]
[1]
Editor's Note: Original Sec. 4-16-11, Special
regulations for City hospital and related facilities, which immediately
followed this section, was deleted 12-19-2000 by L.L. No. 6-2000.
No person shall operate an automobile, motorcycle,
bus or vehicle so out of repair or so loaded or in any manner as to
create loud or unnecessary grating, grinding, rattling or other noise
in the city. Noise of such character, intensity or duration as to
endanger public comfort, peace or repose is declared to be a nuisance
and prohibited.
Repairs to vehicles shall not be made in any
street or public place, except in case of an emergency.
A.
It shall be unlawful for the directing officer or
the operator of any railroad locomotive train or car to direct the
operation at or to operate the same in such a manner as to prevent
the use of any street for purposes of travel for a period of time
longer than five minutes.
B.
Notwithstanding the provisions of Subsection A, no owner, officer or employee of a railroad corporation who obstructs, or causes to be obstructed, any highway crossing shall be subject to any penalty where such person has no control over the situation causing the obstruction or where the locomotive, train or car cannot be moved without endangering the safety of the passengers, the public or freight.
[Amended 11-8-1995 by Ord. No. 95-04]
A.
No person shall place, deposit, store or allow to
remain upon any private property or land in the City of Oneida any
abandoned motor vehicle or junked vehicle except when sheltered in
a garage or other similar enclosure away from public view. Anyone
who violates this section may be issued an appearance ticket with
a court date scheduled at least two weeks from the date of occurrence.
A verification of removal form will also be issued that allows the
violator to, within 10 days of receipt of the appearance ticket, remove
the vehicle(s) in violation and have the removal verified and the
verification of removal form signed and returned to the court prior
to their appearance date to have the charge dismissed and not have
to appear in court. The form can be returned via mail, but must be
postmarked four days prior to the court appearance date, otherwise
the form must be hand delivered to the Police Department.
[Amended 11-7-2001; 1-5-2005 by Ord. No. 05-01]
B.
The provisions of Subsection A shall not apply to commercial garages and new or used car dealers at their place of business. Any person wishing to display for sale, on their property, an unregistered motor vehicle will first obtain a permit from City Hall. The permit will allow a person to display for sale a vehicle, for up to 30 days, with no more than two sales per calendar year. The permit will be posted in the vehicle's front windshield. Any unregistered vehicle for sale without a permit or for longer than 30 days will be considered in violation of Subsection A above. Anyone wishing to store an unregistered seasonal use vehicle will also obtain a permit from City Hall. To store an unregistered seasonal use vehicle outside of a garage, the vehicle must be kept covered with a fitted cover, tarpaulin or similar opaque covering during the season or part of the year it is not licensed or intended for on-road operation The person having control of the vehicle must, upon request, show a valid registration for the vehicle showing the vehicle was registered within the previous 12 months. The vehicle must also be in operating condition.
[Amended 11-7-2001; 1-5-2005 by Ord. No. 05-01]
C.
It shall be conclusively presumed that the person
having control of the real property upon which the abandoned motor
vehicle or junked car is placed, located or stored, whether as owner,
occupant, lessee, agent or tenant, is the person who has permitted
such abandoned motor vehicle or junked car to remain upon the premises.
D.
Definitions.
(1)
ABANDONED MOTOR VEHICLE
JUNKED CAR
As used in this section, the following terms shall
have the meanings indicated:
Any motor vehicle which is not operable or which has been
abandoned, junked or discarded or stored in such a manner that the
vehicle is not readily operable.
Any remnant of a stripped motor vehicle which is not readily
operable.
(2)
Any motor vehicle which is older than seven model
years and unlicensed shall also be deemed to be an abandoned motor
vehicle or junked car.
E.
It is a violation for anyone to display license plates
on an unregistered vehicle when the vehicle is not registered and
meets the criteria of an abandoned or junked vehicle.
[Amended 12-19-2000 by L.L. No. 6-2000; 1-5-2005 by Ord. No. 05-01]
F.
Penalties for offenses. Failure to comply with this
section shall be deemed a violation, punishable by fine of not less
than $150 nor more than $250 for a first offense; for a second conviction
by a fine of not less than $250 nor more than $400; and for a third
conviction by a fine of not less than $400 nor more than $600 and/or
15 days imprisonment. Every day a violation of this section shall
continue shall constitute a separate and punishable offense.
[Amended 12-19-2000 by L.L. No. 6-2000; 11-7-2001]
G.
Any vehicle that is in violation of this section and
in which the responsible person has been ticketed, appeared in court,
a fine or penalty was assessed and the vehicle remains on the property,
or the person responsible for the violation cannot be located or identified,
the Chief of Police may send a certified letter to the property owner
where the vehicle is located, advising the property owner to have
the vehicle removed within 10 days or the vehicle may be towed at
the property owner's expense. Failure to pay for the tow bill may
result in the cost being added to the property owner's tax bill.
[Added 1-5-2005 by Ord. No. 05-01]
[Amended 1-5-2005 by Ord. No. 05-01]
It shall be unlawful for any person or corporation to permit or keep, pile or store any motor vehicles or vehicle, or part thereof, unregistered, upon any municipal parking lot, street or public place within the City without authorization. Any vehicle owner that violates this section will be considered to be in violation of the Junk Vehicle Ordinance and the procedure in § 180-15A will be followed with the exception on the time for removal allowed to avoid a court appearance and have the case dismissed. The vehicle in violation will need to be removed within 24 hours of receipt of an appearance ticket. In addition, after 24 hours the vehicle will be considered a nuisance, and the Chief of Police or an agent thereof, is authorized to abate any such nuisance.
[Added 8-5-1986 by Ord. No. 86-03]
A.
Through freight motor truck routes.
(1)
Those routes including streets and parts of streets
as may be periodically designated by regulation of the Commissioner
and filed with the City Clerk, are hereby declared to be through freight
motor truck routes.
(2)
No through freight motor truck having a gross weight
of vehicle plus load in excess of five tons or 10,000 pounds, said
weight to be ascertained by computing the entire weight of a vehicle
or truck plus load or, in the event that said vehicle is a tractor-trailer,
then by computing the entire weight of the tractor and trailer plus
load, shall be permitted, driven or operated on any public streets
of the inside corporate district of the City of Oneida other than
those established by ordinance as through freight motor truck routes;
provided, however, that adequate visible signs shall be posted at
intersections marking the street so designated. In the case of the
existing railroad bridges on South Main Street and Lenox Avenue, a
sign shall be placed on the respective bridges to indicate that trucks
over the allowed height shall find an alternative route around the
bridge. Such sign shall state "Trucks over (specified height) in height
use Alternate Route." This sign shall exist until such time as the
bridges are removed.
(3)
The provisions hereof shall not be construed to prevent
deliveries of merchandise or other property along any public street
from which such vehicles are excluded; provided, however, that freight
motor trucks (in excess of 10,000 pounds) must use the most direct
route to and from the through truck route nearest their destination
unless, in the interest of safety, a variation is approved by the
Public Safety Commission and the Chief of Police after cause is shown
for the variation. The provisions hereof shall not be construed to
prevent the normal operation of trash and garbage pickup, nor shall
it apply to emergency, fire, police, rescue or public utility vehicles.
[Amended 12-19-2000 by L.L. No. 6-2000]
B.
Motor trucks not to be parked. No motor truck or tractor-trailer
in excess of 35 feet in length shall be parked or left standing on
any street of the inside corporate district of this City for any purpose
except in case of emergency or when otherwise directed by a police
officer.
C.
Trailers not to be disconnected. No trailer section
of a tractor-trailer vehicle or any other trailer shall be parked
or left standing on any street or public place of the inside corporate
district of this City unless connected to a tractor section or towing
vehicle and in condition to be moved at any time.
D.
Through freight motor truck routes.
E.
Violations. Failure to comply with any of the provisions
of this article shall be deemed an offense, punishable as follows:
[Amended 12-19-2000 by L.L. No. 6-2000]
[Added 7-15-1988 by Ord. No. 88-07]
A.
It shall be unlawful for any person to park any truck
weighing in excess of 2 1/2 tons or 5,000 pounds, exclusive of
load, in any mapped, residential district of the City except when
sheltered in a garage or other similar closed building and the truck
is concealed from public view. Any such building shall conform to
all zoning requirements for that district. This provision shall not
apply to trucks otherwise lawfully and actually engaged in pickup,
delivery or provision of service, to on-duty or on-call towing, emergency,
fire, police or rescue vehicles or to recreational vehicles.
