TRAFFIC ORDINANCE
Town of Newfane, Vermont
Pursuant to the provisions of Title 23, Vermont Statutes Annotated,
Section 1007 and 1008, and Title 24, Vermont Statutes Annotated, Sections
1971 and 2291(1)(4)(5), and such other general enactments as may be
material hereto, it is hereby ordained by the Board of Selectmen of
the Town of Newfane that the following amended Traffic Ordinance be
adopted for the Town of Newfane, Vermont.
ARTICLE I
DEFINITIONS
As used in the Town Traffic Ordinance the following terms have the
respective meanings here assigned to them. Other definitions may appear
in Title 23, Vermont Statutes Annotated, Section 4 as incorporated
by reference.
(1) Authorized emergency vehicle: means vehicle
of a fire department, police vehicle, public and private ambulance
and a vehicle to which a permit has been issued pursuant to Section
1252(a)(1) or Section 1252(a)(2) of Title 23.
(2) Crosswalks:
(A) That portion of a road which is designated by the Town Traffic
Committee for pedestrian use in crossing from one side of the road
to the other.
(B) Any portion of a roadway distinctly indicated for pedestrian crossing
by lines or other markings on the surface.
(3) Edge of the roadway: is the extreme right-hand
limit of any improved area within the right of way of the highway.
(4) Emergency warning signal: is a bell, siren, or
light on an authorized emergency vehicle.
(5) Enforcement officers: shall include sheriffs,
deputy sheriffs, constables, police officers, state's attorneys, motor
vehicle inspectors, state game wardens, state police and town fire
chiefs, the latter only when at the scene of a fire or other emergency,
and, for enforcement of offenses relating to parking of motor vehicles,
meter checkers and other duly authorized employees of a municipality
employed to assist in the enforcement of parking regulations.
(6) Highway, Road, Public Highway or Public Road:
shall include all parts of any bridge, culvert, roadway, street, square,
fairground or other place open temporarily or permanently to public
or general circulation of vehicles, and shall include a way laid out
under authority of law.
(7) Intersecting highway: shall mean any highway
which joins another at an angle, whether or not it crosses the other
for the general circulation of vehicles.
(8) Motor vehicle: shall include all vehicles propelled
or drawn by power other than muscular power, except tractors used
entirely for work on the farm, vehicles running only upon stationary
rails or tracks, motorized highway building equipment, road making
appliances or snowmobiles, or implements of husbandry.
(9) Parking: is the stopping or standing on a road
of any vehicle whether occupied or unoccupied.
(10) Roadway: is that travel portion of a highway
improved, designed or ordinarily used for vehicular traffic, exclusive
of shoulder.
(11) Sidewalk: that portion of a street between
the curb lines or the lateral lines of a roadway, and the adjacent
property lines, intended for use by pedestrians.
(12) Town Traffic Committee: is the Board of Selectmen
of the Town of Newfane.
(13) Traffic control device: is any traffic light,
blinker, sign, signal, or marking placed and authorized by the Town
Traffic Committee for the regulation of vehicular or pedestrian traffic
or of parking.
ARTICLE II
AUTHORITY OF ENFORCEMENT OFFICERS
Section 1. Directing Traffic
Any Enforcement Officer shall have authority to direct vehicular and
pedestrian traffic in a manner consistent with or contrary to the
direction of any sign.
Section 2. Disobeying a Law Enforcement Officer
It shall be unlawful for any person to disobey a direction of a law
enforcement officer made under this ordinance.
Section 3. Any enforcement officer shall have authority
to direct vehicular and pedestrian traffic in a manner consistent
with or contrary to the direction of any official sign, including
any bona fide fireman acting for the fire chief at the scene of an
emergency or fire.
ARTICLE III
SCOPE
The ordinance establishes special traffic regulations on public highways
within the Town of Newfane, Vermont.
ARTICLE IV
PEDESTRIANS RIGHTS AND DUTIES
Section 1. Notwithstanding the provisions of this
ordinance every driver of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon any roadway, shall give warning
by sounding the horn when necessary, and shall exercise proper precaution
upon observing any child or any obviously confused or incapacitated
person upon a roadway.
Section 2. Pedestrians on roadways:
(a) Where public sidewalks are provided no person may walk along or
upon an adjacent roadway.
(b) Where public sidewalks are not provided any pedestrian walking
along and upon a highway shall, when practicable, walk only on the
left side of the roadway or its shoulder facing the direction of possible
oncoming traffic.
Section 3. Duties of pedestrians - All pedestrians
shall obey the instructions of all traffic control devices which are
applicable to them, and all instructions of enforcement officers relating
to control of traffic.
ARTICLE V
TRAFFIC CONTROL DEVICES
Section 1. It shall be unlawful for any person to
disobey the direction of a traffic control device except in response
to the direction of a law enforcement officer.
Section 2. It shall be unlawful for any person to
intentionally remove, injure, obstruct, deface, alter or tamper with
any traffic control device.
Section 3. It shall be unlawful for any person to
install any sign or device which may resemble or be mistaken for an
official traffic control device, without prior approval for the Town
of Newfane Board of Selectmen.
Section 4. Warning Signs: Advisory and cautionary
traffic control signs may be placed by the Town Traffic Committee
to assist motorists with road conditions that may be potentially hazardous.
Warning signs to be installed according to the Manual on Uniform Traffic
Control Devices. (MUTCD)
Section 5. Full Stop Locations: All vehicles shall
come to a full stop at the locations listed below:
Section 6: Traffic Yield Locations. All vehicles
eastbound on the Dover Road (TH#2) shall yield to traffic approaching
on the Arch Bridge (BR#12)
ARTICLE VI
SPEED REGULATIONS
On the basis of engineering and traffic surveys, the following speed
limits are hereby established.
CLASS 3
Section 1. A maximum speed of 30 mph shall be posted
on all Class 3 gravel roads unless otherwise posted by the Town Traffic
Committee.
Section 2. A maximum speed of 30 mph shall be posted
on the Class 3 paved roads of Back Street (TH#18) and from Vermont
Route 30 to the intersection of Bruce Brook (TH#45) and Steep Way
(TH#21).
Section 3. The maximum speed of 25 mph shall be
posted on Wild Wood Acres (TH#75), Loop Road (TH#76), White Pine Lane
(TH#82), Duke Road (TH#66) and Wiswall Hill Road (TH#11).
Section 4. The maximum speed of 35 mph shall be
posted on Old Vermont Route 30 (TH#83) from the intersection of the
New Vermont Route 30 to the intersection of School Street (TH#70).
Section 5. The maximum speed of 15 mph shall be
posted on School Street (TH#70) from the intersection with Vermont
Route 30 to the school, during the time school is in session. Otherwise
the maximum speed limit shall be posted at 25 mph.
Section 6. The maximum speed of 25 mph for trucks
shall be posted on Parish Hill Road (TH#26).
Section 7. The maximum speed of 25 mph for trucks
shall be posted on Beetlestone Hill Road (TH#47).
Section 8. The maximum speed of 25 mph for trucks
shall be posted on Baker Brook Road (TH#19) between the intersections
with Dover Road (TH#2) and Beetlestone Hill Road (TH#47).
Section 9. Engine (AJake@)Brakes. The use of engine
brakes shall be restricted from the intersection of Baker Brook Road
(TH#19) and Dover Road (TH#2) along the flats of Baker Brook Road
(TH#19) to the intersection with Parish Hill Road (TH#26) at Bridge
#41.
CLASS 2
Section 10. The maximum speed of 35 mph shall be
posted on the South Wardsboro Road (TH#1) from the Wardsboro/Newfane
town line to one-tenth of a mile west of intersection with Vic Benjamin
Road (TH#64).
Section 11. The maximum speed of 30 mph shall be
posted on the South Wardsboro Road (TH#1) from one-tenth of a mile
west of the intersection with Vic Benjamin Road (TH#64) to the intersection
with Kenny Pond Road (TH#19).
Section 12. The maximum speed of 35 mph shall be
posted on the South Wardsboro Road (TH#1) from the intersection with
Kenny Pond Road (TH#19) to Bridge #11.
Section 13. The maximum speed of 35 mph shall be
posted on Radway Hill (TH#4) from the Brookline Bridge (BR#19) to
the intersection with Vermont Route 30.
Section 14. The maximum speed of 35 mph shall be
posted on Grimes Hill Road (TH#5) from the intersection with Vermont
Route 30 to one-tenth of a mile before the intersection with Dover
Road (TH#2).
Section 15. The maximum speed of 40 mph shall be
posted on Depot Road (TH#2) from the Dummerston/Newfane town line
to one-tenth of a mile east of the intersection with Sunset Lake Road
(TH#42).
Section 16. The maximum speed of 35 mph shall be
posted one-tenth of a mile west of the Covered Bridge (CB#17) on Dover
Road (TH#2) to one-tenth of a mile east of the Green Iron Bridge (BR#49).
Section 17. The maximum speed of 45 mph shall be
posted on Dover Road (TH#2) from four-tenths of a mile west of the
east side of Bridge #14 to three-tenths of a mile east of the intersection
with Hunter Brook Road (TH#32).
Section 18. The maximum speed of 35 mph shall be
posted on Dover Road (TH#2) from three-tenths of a mile east of the
intersection with Hunter Brook Road (TH#32) to the Newfane/Dover town
line.
Section 19. The maximum speed of 35 mph shall be
posted on Marlboro Branch Road (TH#3) from one-tenth of a mile south
of the intersection with Dover Road (TH#2) to the Newfane/Marlboro
town line.
VILLAGES
Newfane Village
Section 20. The maximum speed of 25 mph shall be
posted on West Street (TH#1) from Bridge #11 to Vermont Route 30.
Section 21. The maximum speed of 25 mph shall be
posted on Cross Street (TH#14), Court Street (TH#1), Church Street
(TH#55) and Jail Street (TH#56) for their entire length.
Section 22. The maximum speed of 25 mph shall be
posted on Mantel Road (TH#16) from the Old Railroad Station to Vermont
Route 30.
Williamsville Village
Section 23. The maximum speed of 25 mph shall be
posted on Grimes Hill Road (TH#5) from one-tenth of a mile east of
the intersection with Dover Road (TH#2).
Section 24. The maximum speed of 25 mph shall be
posted on Depot Road (TH#2) from one-tenth of a mile east of the intersection
with Sunset Lake Road (TH#42) to the intersection with Dover Road
(TH#2).
Section 25. The maximum speed of 25 mph shall be
posted on Sunset Lake Road (TH#42) from one-tenth of a mile before
Depot Road (TH#2) to the intersection with Depot Road (TH#2).
Section 26. The maximum speed of 25 mph shall be
posted on Timson Hill Road (TH#41) from one-tenth of a mile before
the intersection with Dover Road (TH#2).
Section 27. The maximum speed of 25 mph shall be
posted on Baker Brook Road (TH#19) from two-tenths of a mile before
the intersection with Dover Road (TH#2).
Section 28. The maximum speed of 25 mph shall be
posted on Dover Road (TH#2) from one-tenth of a mile west of the Covered
Bridge (CB#17) through the village to the intersection with Depot
Road (TH#2).
South Newfane Village
Section 29. The maximum speed of 25 mph shall be
posted on Dover Road (TH#2) from one-tenth of a mile east of the Green
Iron Bridge (BR#49) to four-tenths of a mile west of the east side
of Bridge #14.
Section 30. The maximum speed of 25 mph shall be
posted on Marlboro Branch Road (TH#3) from one-tenth of a mile before
the intersection with Dover Road (TH#2) to the Dover Road (TH#2).
Section 31. The State of Vermont Traffic Committee
shall post the speed zones on Vermont Route 30 passing through the
Town of Newfane.
Section 32. The restrictions set forth in Sections
1 through 32 of this Article shall not apply to emergency vehicles
while in use on emergency work and sounding and/or displaying their
emergency signals.
The above speed limits shall be posted in accordance with the standards
set forth in the Manual of Uniform Traffic Control Devices and shall
be in effect when so posted.
ARTICLE VII
PARKING REGULATIONS
Section 1. Parking on the Improved Portion of the Road
Except as otherwise provided in this Ordinance, it shall be unlawful
for any person to park a vehicle upon the traveled portion of any
road, so as to interfere with traffic or normal maintenance on such
road.
Section 2. General Parking Restrictions
At any time, it shall be unlawful to park a vehicle, other than police,
fire department or emergency vehicles at any time:
(a.) Within six feet (6') of a fire hydrant;
(b.) So as to block a private driveway without permission of the owner;
(c.) On a crosswalk;
(d.) On a sidewalk;
(e.) On a bridge;
(f.) In front of the South Newfane/Williamsville Volunteer Fire Department;
(g.) Within 30 feet from an intersection.
Section 3. Abandoned Vehicles or Vehicles
Parked so as to constitute a nuisance
It shall be unlawful to leave any vehicle on property owned, leased
or maintained by the Town for twelve (12) hours or more continuously.
Section 4. Any vehicle in violation of the provisions
of this Article may be summarily removed at the owners' expense, by
order of any law enforcement officer, road commissioner, or selectman.
Section 5. If the owner of a vehicle summarily removed
under section 4 hereof does not claim such vehicle and pay all towing
and storage expenses within thirty (30) days of the date of removal,
the title of such vehicle shall escheat to the Town and the vehicle
may be sold or otherwise disposed of in accordance with Title 27,
Vermont Statutes Annotated, Section 11.
Section 6. Nothing in this Article shall be construed
to make unlawful vehicular stops in obedience to the direction of
a law enforcement officer or for causes beyond the control of the
operator.
ARTICLE VIII
ONE-WAY STREETS
Section 1. Traveling Wrong Way on One-Way Street
It shall be unlawful to operate a vehicle on a one-way road except
in the legal indicated direction.
Section 2. Designated One-Way Roads
One-way roads are those so designated and posted by the Town Traffic
Committee.
ARTICLE IX
SNOWMOBILES AND ALL-TERRAIN VEHICLES
Section 1. Snowmobiles shall not be operated on
or within five-feet of a plowed public highway except when crossing
such highway. Crossings must be made at an angle of approximately
90 degrees to the direction of the highway and at a place where no
obstruction prevents a quick and safe crossing. The operator must
bring the snowmobile to a complete stop before entering the traveled
portion of the highway, and must yield the right-of-way to motor vehicles
and pedestrians using the highway.
Section 2. All-terrain vehicles may not be operated
on any public highway unless it is not being maintained during the
snow season except when crossing such highway. Crossings must be made
at an angle of approximately 90 degrees to the direction of the highway
and at a place where no obstruction prevents a quick and safe crossing.
The operator must bring the all-terrain vehicle to a complete stop
before entering the traveled portion of the highway and must yield
the right-of-way to motor vehicles and pedestrians using the highway.
ARTICLE X
LOADED VEHICLES
No vehicle shall be driven or moved on any street unless such vehicle
is so constructed or loaded as to prevent its contents from dropping,
shifting, leaking or otherwise escaping therefrom.
ARTICLE XI
ENFORCEMENT
Section 1. Enforcement:
A violation of any provision of this Ordinance shall be a civil matter
and may be enforced in accordance with 24 VSA ' 1974a. and ' 1977
et seq.
Section 2. Penalties:
A violation of this ordinance shall be a civil matter enforced in
accordance with the provisions of 24 VSA ' 1974a. Each day that the
violation continues shall constitute a separate violation of this
ordinance.
SPEEDING
1 to 10 mph over $ 5.00 per mph plus state mandated surcharge ($17.50)
11 to 20 mph over $ 6.00 per mph plus state mandated surcharge ($17.50)
21 to 30 mph over $ 7.00 per mph plus state mandated surcharge ($17.50)
31+ mph over $ 8.00 per mph plus state mandated surcharge ($17.50)
PARKING VIOLATION WAIVER FEE
1st Offense Warning
2nd Offense within 6 month period $ 20.00 $ 10.00
3rd Offense within 6 month period $ 40.00 $ 20.00
OTHER VIOLATIONS WAIVER FEE
1st Offense Warning
2nd Offense within 6 month period $ 50.00 $ 25.00
3rd Offense within 6 month period $100.00 $ 50.00
Waiver fees may be paid in lieu of a court appearance.
Section 3. The custodial official of the Town's
ticket books shall be the Administrative Assistant.
Section 4. The issuing officials shall be the town
constable, any sheriff of the Windham County Sheriff's Department,
police officer or State Police officer.
Section 5. The appearing officials shall be the
town constable, any sheriff of the Windham County Sheriff's Department,
police officer or State Police officer.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Severability:
The provisions of this ordinance are declared to be severable and
if any provision hereof be adjudged invalid such judgment shall not
affect the validity of any other provision.
Section 2. Designation:
This ordinance shall be referred to as the Newfane Traffic Ordinance
and in a prosecution hereunder a copy of such ordinance, certified
by the Town Clerk shall be prima facie evidence thereof. An allegation
that the act constituting the offense charged is contrary to the specified
provision of this ordinance shall be a sufficient reference hereto.
Section 3. Repeal of Prior Ordinances:
Any other traffic ordinance or regulation heretofore adopted by the
Town of Newfane is hereby repealed.
Section 4. Amendments:
All amendments to this ordinance shall be made in accordance with
Title 24 VSA, Chapter 59.
Section 5. Publication and Posting:
This ordinance shall be: (1) entered into the Selectmen's minutes,
(2) shall be posted in at least five (5) conspicuous places within
the Town of Newfane, and (3) the full text of the Ordinance or a concise
summary of it published in the Brattleboro Reformer not more that
fourteen (14) days following the date specified below when this ordinance
is adopted.
Section 6. Effective Date of this Ordinance:
This ordinance is hereby adopted by the Board of Selectmen of the
Town of Newfane on this first day of June, 2006 and shall, unless
a petition is filed as provided by law, become effective on July 31st,
2006, sixty (60) days after said date.
Citizens have the right to petition for a vote on this ordinance
at an annual or special town meeting as provided in 24 VSA ' 1973.
Signed and dated as adopted by the Newfane Selectboard, Town of Newfane
at its meeting held on the 1st day of June, 2006.
NEWFANE SELECTBOARD
