Town of Williston. Motor Vehicle and Traffic Ordinance

Transcription

1 Town of Williston Motor Vehicle and Traffic Ordinance Adopted July 21, 2014, Effective September 19, 2014 This Ordinance replaced in entirety the following: Winter Parking Ordinance (1997) Snow and Manure Deposit Ordinance (1971) Traffic Ordinance (1976)

2 Article I. Article II. Article III. Article IV. Article V. Article VI. Article VII Williston Motor Vehicle and Traffic Ordinance Table of Contentss Adoption Authority Purpose... 1 Definitions... 1 Special Regulations Speed Regulations... 2 Stop/Yield Intersections... 2 Turning/Intersectionn Control Authority to Establish Locations... 2 Article VIII. Motor Vehicle Operational Rules... 3 Article IX. Weight Regulations Article X. Parking Regulations General Parking Rules Winter Parking... 4 Article XI. Miscellaneous Provisions... 4 Driving on Sidewalks or Recreation/Shared Use Paths Towing and Storage Fees... 4 Depositing of Snow and Ice... 5 Tampering with Traffic Control Devices... 5 Loaded Vehicles... 5 Article XII. Enforcement of Traffic Related Offenses Authority... 5 Penalties... 5 Article XIII. Parking Related Offenses... 5 Authority... 5 Civil Penalties... 5 Waiver Fee... 6 Civil Penalty for Violations... 6 Article XIV. General Provisions... 6 Severability... 6 Separate Offenses... 6 Penalties... 6 Designation... 6 Article XV. Repeal of Prior Ordinances... 7

3 Motor Vehicle Traffic and Parking Ordinance Town of Williston, VT Article I. Adoption Authority Pursuant to the provisions of Title 23, Vermont Statutes Annotated, 1007 and 1008, and Title 24, Vermont Statutes Annotated, s 1971 andd 2291 (1), (4), and (5), and the Charter of the Town of Williston, it is hereby ordained by the Selectboard of the Town of Williston that the following Motor Vehicle and Traffic Ordinance is adopted for the Town of Williston, VT. This ORDINANCE is adopted pursuant to the authority of Titlee 24, VSA, Chapter 59 and the Charter of the Town of Williston and it is designated as a Civil Ordinance. Article II. Purpose In the interest of public health, safety, and welfare of the Town of Williston, this ORDINANCE is adopted to establish special traffic, and parking regulations on the public highways within the Town of Williston, Vermont, hereinafter referred to as the TOWN. Article III. Definitions (a) Words and/or phrases when used in this ORDINANCE shall, for the purpose of this ordinance, have the meanings respectively ascribed to them in this article, except when the context otherwise requires. (b) Whenever any words and/or phrases used herein are not defined, but are defined in the state statute regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires. (c) The definitions of 23 V.S.A. 4 are incorporated by reference. Article IV. Special Regulations The TOWN Police are hereby authorized: (a) In conjunction with the Department of Publicc Works, to designate and maintain, by appropriate devices, mark or lines upon the surface of the roadway, crosswalks at intersections wheree there is particular danger to pedestrians crossing the roadway and at such other places as may be deemed necessary; (b) To establish safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians. (c) The driver or operator of any vehicle shall at all times comply with any direction by voice, hand, or sign of any member of the police department as to stopping, starting or slowing down the vehicle, approaching or departing from any place and the manner of taking up or setting down passengers or loading or unloading goods in any place, and Williston Motor Vehicle and Traffic ORDINANCE 1 P age

4 shall comply with the instructions and directions of all official traffic signs, unless directed otherwise by a member of the police department. (d) The provisions of this ORDINANCE governing the movement, parking and standing of vehicles, shall not apply to authorized emergency vehicless while the drivers of such vehicles are operating the same in an emergency (displaying red or red/white or blue or blue/white lights) in the necessary performance of duty. Said vehicles shall have the right of way in any street and through any procession when operated in such emergency, but shall approach all official traffic signs, signals, and intersections with due care. Operating a vehicle in an emergency does not relieve the operator of said vehiclee from driving with due care and regardd for the general public. Article V. Speed Regulations (a) The Selectboard is authorized, by vote of a majority of its members, to designate the speed limit of certain TOWN roads and streets. Such designation shall be based upon the procedure and standards outlined in the Manual on Uniform Traffic Control Devices (MUTCD) in effect when so designated. (b) The speed limit on all Town roads is set at 255 miles per hour unless otherwise approved by the Selectboard. All roads with speed limits set by the Selectboard above 25 miles per hour shall be recorded in APPENDIX A of this ordinance. (c) When signs are in place upon TOWN roads or State Highways, it shall be unlawful for any person to operate a motor vehicle in excess of the posted speed limit. (d) Operators of motor vehicles must drive with regard to current road conditions when operating a motor vehicle. No vehicle will bee driven at speeds that a reasonable person would believe to be too fast for existing roadd conditions. Article VI. Stop/ /Yield Intersections (a) The Selectboard has the authority, by vote off a majority of its members, to designate intersections as Stop or Yield, consistent with the MUTCD, and such designations shall be recorded in APPENDIX B of this ordinance. APPENDIX B of this ORDINANCE may be changed or updated on a periodic basis. (b) It shall be unlawful for any person to intentionally remove, injure, obstruct, deface, alter or tamper with any traffic control device. Article VII. Turning/Intersection Control 7.01 Authority to Establish Locations The Selectboard may approve by a majority vote of its members, the placement of traffic lights or signss at locations when required for the control of traffic, consistent with the MUTCD. Any such locations will be recorded in APPENDIX C of this ordinance. Williston Motor Vehicle and Traffic ORDINANCE 2 P age

5 Article VIII. Motor Vehicle Operational Rules (a) When a traffic signal or sign is present on a through streett or at an intersection, vehicles must be operated in a manner consistent with state law and regulations. (b) The Selectboard is authorized to approve thee placement of signs restricting a U" turn or other turns and shall erect appropriate signs giving notice thereof. Operators must comply with all applicable signs. Article IX. Weight Regulations (a) When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified herein at any time so declared. (b) 24,0000 pound limit is in effect for all Town roads and bridges unless otherwise posted or a special permit has been issued. Article X. Parking Regulations General Parking Rules (a) No person shall park a motor vehicle or other vehicle on any street within thirty feet of the improved portion of an intersecting roadway or street. (b) No operator or driver of any vehicle shall stop, stand or park the same in front of a private driveway, lane or alley, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or official traffic sign. (c) Parking of any vehicle within an intersection,, on a crosswalk, within 15 feet of a fire hydrant, in front of a private driveway, on a bridge, viaduct or the approach hereto, on a sidewalk, within any area wherein parking is prohibited is hereby declared to be public nuisance, and the Chief of Police may removee any vehicle so parked, or cause it to be removed, at the sole expense of the owner of such vehicle, to any public garage or other place designated by the Chief within the TOWN, by towing or otherwise. (d) No person shall park any vehiclee at any time in any space herein or hereafter specified as reserved for a bus stop. (e) Parking of any vehicle in a private driveway without permission is prohibited and the removal of such vehicle is permissible by towing at the sole discretion of the landowner. Towing and storage fees shall be borne by the owner of such vehicle. (f) Whenever a motor vehicle is parked on the highways of the TOWN contrary to an ORDINANCE of the TOWN or so as to interfere with the policing, construction or maintenance of the highways, ncluding but not limited to the removal of snow, the police department of the TOWN may cause the motor vehicle to be towed away at the expense of the owner in an amount not to exceed the towing fees established pursuant to of this ORDINANCE. (g) The Selectboard may approve by a majority vote, recommended No Parking areas and may from time to time modify No Parking areas. No Parking areas will be described Williston Motor Vehicle and Traffic ORDINANCE 3 P age

6 in APPENDIX D of this ordinance. Vehicles found parking in areas clearly posted or marked as No Parking may be towed away at the owner s expense. In addition, temporary No Parking areas may be established from time to time by the Police Chief, Fire Chief or Public Works Director for emergency situations, special events, repairs, construction or other similar events for the duration of the event. Where practical, the temporarily designated No Parking area shall be identified as such with signs conspicuously placed. (h) If the owner of a vehicle summarily removedd under this SECTION does not claim such vehiclee and pay all towing and storage expenses within 30 days of the date of such removal, the title to such vehiclee shall escheat to the TOWN and the vehicle may be sold or otherwise disposed of in accordance with Title 27, Vermont Statutes Annotated, 11. (i) The parking or storage of equipment or unregistered vehicles within the Town right of to the direction of a law enforcement officer or for causess beyond the control of the operator Winter Parking (a) There will be no parking on Williston TOWN Streets and TOWN Highways between the way is prohibited. (j) Nothing in this Article shall be construed to make unlawful vehicular stops in obedience hours of 11:00 PM and 7:00 AM from December 1 through April 1. Vehicles in violation of this ORDINANCE may be towed away at owner s expense in the event of a snow storm or in the event of past violations. (b) The presence of any motor vehicle in or uponn any TOWN street or highway in violation of this SECTION shall be prima facie evidencee that the person in whose name such vehiclee is registered on the records of the Commissioner of Motor Vehicles of the State of Vermont, committed or authorized such violation. (c) Each day a motor vehicle is parked on a TOWN street or highway, in violation of this SECTION shall constitute a separate offense. Article XI. Miscellaneous Provisionss Driving on Sidewalks or Recreation/ /Shared Use Paths No vehicles shall be driven along or upon any sidewalk or any paved surface commonly used as a recreation path other than those vehicles that are there to perform maintenance or those used for a public safety purpose, within the Town Towing and Storage Fees The Selectboard, by a majority vote, shall adopt reasonable towing fees applicable to all towing situations where the police department has initiated thee towing of a vehicle in violation of any SECTION of this ordinance. Williston Motor Vehicle and Traffic ORDINANCE 4 P age

7 11.03 Depositing of Snow and Ice No person, by their own act, or through their agents or employees, shall throw, put, place, push or otherwise deposit snow or ice on the paved or travelled portion of any public street, on any TOWN sidewalk, or in such a manner so as to cover or hinder the use of a TOWN fire hydrant Tampering with Traffic Control Devices (a) It shall be unlawful for any person to intentionally remove, injure, obstruct, deface, alter or tamper with any traffic control device. (b) It shall be unlawful for any person to install any sign or device that may resemble or be mistaken for an official traffic control device,, without prior approval of the Town Loaded Vehicles No vehicle shall be driven or moved on any street unlesss such vehiclee is so constructed or loaded so as to prevent its contents from dropping, sitting, leakingg of otherwisee escaping therefrom. Article XII. Enforcement of Traffic Related Offenses Authority Pursuant to Title 24 VSA 1931, 1935, 1974, and 1977, Title 24 APP (d), and Title 23 VSA 1007 and 1008, certified Vermont police officers appointed byy the Town off Williston are authorized to enforce motor vehicle and parking ordinances promulgated by the TOWN or have otherwise become effective in accordance with Vermont Statute. Offenses in this ordinance, unless otherwise noted, shall be considered and enforced as traffic violations according to Title 23 VSA Chapter 24. Officers will utilize approved Traffic Complaints according to Title 4 VSA Chapter Penalties Traffic violations fall under the jurisdiction of the Vermont Judicial Bureau and have penalties assessed according to the Judicial Bureau Waiver Penaltyy Schedule in effect at the time of violation. Article XIII. Parking Related Offensess Authority Offenses relating to winter ban parking ( 10.02) shall be considered parking violations and not a traffic violation or offense and officers enforcing this SECTION will utilize Town of Williston Warning/Parking notices Civil Penalties Any person who is in violation of (Article X ) this ordinance shall be subject to a civil penalty of up to $50 for each violation. Any law enforcement officer mayy act as an Issuing Municipal Official and issue and pursue before the Traffic and Municipal Ordinance Bureau a municipal complaint. Williston Motor Vehicle and Traffic ORDINANCE 5 P age

8 13.03 Waiver Fee An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $ Second Offense $ Third Offense and $50.00 subsequent offense Civil Penalty for Violations An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation of this ordinance: First offense Second Offense Third Offense and subsequent offense $ $ $60.00 Article XIV. General Provisions Severability If any portion of this ORDINANCE and any amendments made hereto are held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ORDINANCE and amendments made hereto shall not be affected and shalll remain in full force and effect. If any statute referred to in this ORDINANCE shall be amended, this ORDINANCE shall be deemed to refer to such amended statute Separate Offenses Each violation of a provision of this ORDINANCE shall be deemed a separate offense Penalties The provisions of this ORDINANCE shall be cumulative too the fullest extent permitted by law with respect to all other statutes or ordinances now or hereafter adopted regardless of their order of passage or enactment Designation This ORDINANCE may be referred to as the Williston Traffic Ordinance and in a prosecution hereunder a copy of such ordinance, certified by the Town Clerk shall be prima facie evidence Williston Motor Vehicle and Traffic ORDINANCE 6 P age

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10 Appendix A Speed Limits Appendix B Stop/Yield Intersections Appendix C Traffic Control Signals Appendix D No Parking Areas Appendices Williston Motor Vehicle and Traffic ORDINANCE 8 P age

11 Appendix A Speed Limits STREET NAME POINT OF BEGINNING ENDING POINT MPH Authorized Boyer Circle Marshall Avenue Marshall Avenue 30 June 21, 2014 Fay Lane North Williston Road end of road 30 June 21, 2014 Harvest Lane Vermont Route 2 Marshall Avenue 30 June 21, 2014 Industrial Avenue Williston Road Essex Road 30 June 21, 2014 Lincoln Road St. George Road Dead End 30 June 21, 2014 Marshall Avenue St. George Road Shunpike Road 30 June 21, 2014 North Brownell Road Williston Road Industrial Ave 30 June 21, 2014 South Brownell Road I 89 overpass U.S. Route 2 30 June 21, 2014 Williston Road 1.8 miles west of Richmond T/L 2.8 miles west of Richmond T/L 30 June 21, 2014 Butternut Rd Oak Hill Road St. George Road 35 June 21, 2014 Christmas Hill Road South Road Dead end 35 June 21, 2014 East Hill Road South Road Richmond Town Line 35 June 21, 2014 Hurricane Lane Vermont Route 2A Dead end 25 September 22, 2014 North Williston Road Bridge Essex Line Williston Road 35 June 21, 2014 Old Creamery Road St. George Road Oak Hill Road 35 June 21, 2014 Old Stage Road Williston Road Dead end 35 June 21, 2014 Redmond Road Mountain View Road Town Landfill 35 June 21, 2014 Shunpike Road So. Brownell Road Marshall Ave 35 June 21, 2014 South Road Intersection of Oak Hill Rd Intersection of Oak Hill Rd 35 June 21, 2014 St. George Road 3.4 miles from St George town line 3.8 miles from St George town line 35 June 21, 2014 Sunset Hill Road Old Creamery Oak Hill Road 35 June 21, 2014 Van Sicklen Road South Brownell Road Town Bridge 35 June 21, 2014 Walker Hill Road St. George Road South Brownell Road 35 June 21, 2014 Williston Road 2.8 miles west Richmond town line 5.2 miles west Richmond town line 35 June 21, 2014 Essex Road 2.1 miles from Essex town line Essex town line 40 June 21, 2014 Mountain View Road Essex Road Intersection of North Williston Rd 40 June 21, 2014 Oak Hill Road Williston Road St. Hilaire Farm (MM 2.4) 40 June 21, 2014 South Brownell Road I 89 Overpass St George Town line 40 June 21, 2014 St. George Road 2.7 miles from St George town line St. George town line 40 June 21, 2014 Williston Road 0.5 miles west Richmond Town line 1.8 miles west Richmond town line 40 June 21, 2014 Williston Road 5.2 miles west Richmond T/L South Burlington town line 40 June 21, 2014 Oak Hill Road St. Hilaire Farm (MM 2.4) St. George town line 45 June 21, 2014 Williston Road Richmond Town line 0.5 miles west Richmond town line 50 June 21, 2014 Appendix A Williston Motor Vehicle and Traffic Ordinance

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18 Appendix C Traffic Control Signals STREET NAME INTERSECTION AUTHORIZED Blair Park Road Williston Road June 21, 2014 Harvest Lane Marshall Ave (South) June 21, 2014 Harvest Lane Marshall Ave (North) June 21, 2014 Harvest Lane Marshall Ave (West) June 21, 2014 Harvest Lane Williston Road June 21, 2014 Marshall Avenue South Brownell (West) June 21, 2014 Marshall Avenue South Brownell (East) June 21, 2014 Maple Tree Place Road Williston Road June 21, 2014 Maple Tree Place Road Essex Road(RT 2A) June 21, 2014 North Brownell Road Williston Road June 21, 2014 Paul Street Essex Road(RT 2A) June 21, 2014 South Brownell Road Williston Road June 21, 2014 South Brownell Road Marshall Avenue June 21, 2014 Trader Lane Marshall Avenue June 21, 2014 Zephyr Road Essex Road(Route 2A) June 21, 2014 Williston Motor Vehicle and Traffic Ordinance Appendix C

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