Chapter 118
VEHICLES AND TRAFFIC
ARTICLE I
General Provisions
§ 118‑1. Word usage.
§ 118‑2. Installation and maintenance of traffic control devices.
§ 118‑3. Parking, standing and stopping.
§ 118‑4. Penalties for offenses.
ARTICLE II
Winter Parking on Town Roads
§ 118‑5. Findings; purpose.
§ 118‑6. Parking prohibited at certain times.
§ 118‑7. Penalties for offenses.
§ 118‑8. Notices of traffic infractions; response required.
§ 118‑9. Answering charges.
§ 118‑10. Separate offenses.
§ 118‑11. Applicability of minimum fines.
ARTICLE III
Parking on Tow Path Road
§ 118‑12. Parking prohibited.
§ 118‑13. Penalties for offenses.
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§ 118-1 BRUTUS CODE § 118-1
ARTICLE IV
Traffic and Parking Regulations; Signage
§ 118‑14. Regulatory signs approved.
ARTICLE V
Traffic and Noise Abatement
§ 118‑15. Purpose.
§ 118‑16. Title.
§ 118‑17. Definitions.
§ 118‑18. Speed control.
§ 118‑19. Compliance with traffic control devices.
§ 118‑20. Compliance with local traffic law.
§ 118‑21. Unnecessary Noice.
[HISTORY: Adopted by the Town Board of the Town of Brutus as indicated in article histories. Amendments noted where applicable.]
ARTICLE I
General Provisions
[Adopted 12‑29‑1965]
§ 118‑1. Word usage.
The words and phrases used in this article shall for the purpose of this article have the same meanings respectively ascribed to them by Title I, Article I of the Vehicle and Traffic Law of the State of New York.
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§ 118-2 VEHICLES AND TRAFFIC § 118-5
§ 118‑2. Installation and maintenance of traffic control devices.
The Superintendent of Highways of the Town of Brutus shall install and maintain traffic control devices when and as required under the provisions of this Article to make effective the provisions of said Article.
§ 118‑3. Parking, standing and stopping.
A. The provisions of this section shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
B. Stopping prohibited on designated road or highway. The stopping of vehicles is hereby prohibited on Schram Road or Highway.
§ 118‑4. Penalties for offenses.
Every person violating any of the provisions of this Article shall be guilty of a traffic infraction and, upon conviction thereof, shall be punished as provided by § 1800 of the Vehicle and Traffic Law of the State of New York.
ARTICLE II
Winter Parking on Town Roads
[Adopted 2‑2‑1972 as L.L No. 1‑1972]
§ 118‑5. Findings; purpose
It has come to the attention of the Town Board that certain dangerous situations exist with regard to parking on Town roads during the winter, and the purpose of this Article is to attempt to alleviate said dangerous situations.
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§ 118-6 BRUTUS CODE § 118-9
§ 118‑6. Parking prohibited at certain times.
Parking shall be prohibited upon all Town roads in the Town of Brutus, New York from December 1 to April 1 during the hours of from 12:00 midnight to 8:00 a.m. Appropriate signs shall be erected on roads providing access to the town giving notice of this provision. This Article shall not apply to county or state roads as they are defined in the statutes of New York State.
§ 118‑7. Penalties for offenses.
Violation of this parking law is hereby designated a traffic infraction, and punishment for any such violation shall, except as hereinafter provided, be governed by § 1800 of the New York State Vehicle and Traffic Law.
§ 118‑8. Notices of traffic infractions; response required.
When a peace officer determines that there is a violation of this Article, he shall serve a notice of traffic infraction upon the violator by either personal delivery to the owner or operator of the motor vehicle or by affixing said notice to said motor vehicle. If the violator does not appear in answer to the notice of traffic infraction, the Town Justice shall send to the owner of the motor vehicle to which the notice was affixed a letter informing him of the violation and warning him that he will be held responsible for the appearance of the offender. If the owner or violator does not respond to such letter of warning within three days, the Town Justice shall have the right to issue a summons to be served on the owner requiring him to appear in answer to the charges.
§ 118‑9. Answering charges.
A person who has received a notice of a traffic infraction as set forth above may, within the time specified in such notice, answer the charges set forth therein at the office of a Town Justice by paying the minimum fine as shall be prescribed by the Town Board from time to time and, in writing, waiving a
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§ 118-9 VEHICLES AND TRAFFIC § 118-13
hearing in court, pleading guilty to the charge. A person may also answer said notice by depositing cash bail equal to double the prescribed fine for appearance in court at a time specified by the Town Justice.
§ 118‑10. Separate offenses.
Parking in violation of this Article shall be considered a separate offense for each four‑hour period, and a peace officer may issue a notice of traffic infraction with regard to said violations every four hours.
§ 118‑11. Applicability of minimum fines.
If a person has been charged with more than five violations or if a summons or warrant has been issued because of failure to answer a notice of traffic infraction, the minimum fines as set by the Town Board shall no longer apply, and said persons shall be entirely under the jurisdiction of the court.
ARTICLE III
Parking on Tow Path Road
[Adopted 2‑2‑1972 as L.L. No. 2‑1972]
§ 118‑12. Parking prohibited. [Amended 7‑7‑1975 by L.L. No. 3-1975]
When appropriate signs are erected giving notice thereof, parking shall be prohibited at all times on the entire length of Tow Path Road on both sides of said road, which is located in the Town of Brutus, New York.
§ 118‑13. Penalties for offenses. [Amended 5‑11‑1992 by L.L. No. 2‑1992]
Violation of this parking law is hereby designated a traffic infraction, and punishment for any such violation shall, except
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§ 118-13 BRUTUS CODE § 118-17
as hereinafter provided, be governed by § 1800 of the New York State Vehicle and Traffic Law.
ARTICLE IV
Traffic and Parking Regulations; Signage
[Adopted 7-14-2003 by L.L. No. 1-2003]
§ 118‑14. Regulatory signs approved.
That the Town Board hereby approves all the highway signage on the local roads in said Town of Brutus as attached hereto and any regulatory signs authorized by Town Board by resolution and added to the sign inventory attached hereto.1
ARTICLE V
Traffic and Noise Abatement
[Adopted 4-10-2006 by L.L. No. 1-2006]
§ 118‑15. Purpose.
The purpose of this Local Law is to protect the public health, welfare, safety, peace and tranquility by regulating the use and operation of motor vehicles and noise within the Town of Brutus.
§ 118‑16. Title.
This article shall be known and cited as the "Town of Brutus Traffic and Noise Abatement Law."
§ 118‑17. Definitions.
As used in this article, the following terms shall have the meanings indicated:
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1Editor's Note: The sign inventory and additions thereto are on file in the office of the Town Clerk
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§ 118-17 VEHICLES AND TRAFFIC § 118-18
CONSTRUCTION ZONE- Any area in which construction or other road maintenance is being performed by or on behalf of the Village of Weedsport, the Town of Brutus, the County of Cayuga or the State of New York on any roadway within the boundaries of the Town of Brutus.
MUFFLER- A device consisting of a series of chambers or baffle plates, or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.
ROADWAY- Any roadway within the boundaries of the Town of Brutus, including roadways owned and maintained by any other jurisdiction, including but not limited to the Village of Weedsport, the County of Cayuga and the State of New York.
TRAFFIC CONTROL DEVICE- Any device or other implement erected for the purpose of regulating traffic as defined in §§ 153 and 154 of the New York State Vehicle and Traffic Law.
VEHICLE- Any motor vehicle operated on the roadways within the boundaries of the Town of Brutus.
§ 118‑18. Speed control.
A. It shall be a violation of this article for any person to drive or operate a vehicle on any roadway within the boundaries of the Town of Brutus in any manner that violates § 1180 of the New York State Vehicle and Traffic Law.
B. Any person convicted of violating this section of this article shall be sentenced to a fine and/or term of imprisonment as specified in § 1180 of the Vehicle and Traffic Law of the State of New York.
C. Upon a conviction for a violation of this section of this article, the court shall record the speed and circumstances surrounding said conviction on the certificate required to be filed with the New York State Commissioner of Motor
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§ 118-18 BRUTUS CODE § 118-21
Vehicles as required in § 514 of the New York State Vehicle and Traffic Law.
§ 118‑19. Compliance with traffic control devices.
A. It shall be a violation of this article for any person operating a vehicle on a roadway within the Town of Brutus to fail to obey or otherwise comply with a traffic control device as defined in § 118-17 of this article in violation of § 1110 of the New York State Vehicle and Traffic Law.
B. Any person convicted to violating this section of this article shall be sentenced to a fine and/or term of imprisonment as if convicted of violating § 1110 of the New York State Vehicle and Traffic Law.
§ 118‑20. Compliance with local traffic law.
A. It is unlawful and, unless otherwise declared in this article with respect to particular offenses, it is a violation of this article for any person to do any act forbidden or fail to perform any act required by this article.
B. Any person convicted of violating this section of this article shall be sentenced to a fine of not less than $50 and not more than $100.
§ 118‑21. Unnecessary noise
A. It shall be unlawful for any person to make, continue or cause to be continued, any unnecessary or unusual noise which either annoys, injures or endangers the comfort, repose, health or safety of others, whether in the operation of any machine device or motor vehicle.
B. Any violation of this law shall be punishable by a fine not to exceed $250 for any offense. In addition, a violation of this law shall constitute disorderly conduct, and a
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§ 118-21 VEHICLES AND TRAFFIC § 118-21
person violating the same shall be deemed to be a disorderly person.
C. It shall not be a violation of this section if the noise referenced herein is
(1) Created by farming equipment that is necessary in the operation of a farm, manufacturing facility or business and that said noise is deemed to be normal to the operation of the said business, or
(2) Created through the use of a motorized vehicle or equipment that is necessary to preserve public safety.
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