TOWN OF WINDSOR  LOCALLAW. NO.  OF THE YEAR: 2018  ALOCALLAW ENTITLED WEIGHT LIMITS ON TOWN ROADS"  Be it enacted by the Town Board oft the Town Windsor as follows:  Section 1. Purpose. roads in the' Town of Windsor.  The purpose ofthis local law is to set weight limits on certain roads in order to preserve the  Section 2.  A Weight Exclusions. In accordance with the provisions oft this local law, all vehicles used for commercial purposes are excluded from the Town or parts ofTown described below:  Anne from John White to Honey Hollow  5 tons 5 tons 5 tons 5 tons 5 tons 30 tons 30 tons 40 tons 40 tons 40 tons 40 tons 40 tons 40 tons 40 tons 40 tons  Phillips Johns White E. Bosket Cascade Valley Barton Bennett Honey Hollow Hargrave Blatchley Williams Atwell Hill Vinegar Hill Ostrander  Anne from Trim Street to John White  B. Valid Permits. In accordance with the provisions of this local law, all heavy construction vehicles with weight in excess of the aforementioned tonnage, except those providing public services deemed necessary in preventing emergencies or in safeguarding the public health, safety and welfare (i.e., municipal maintenance vehicles, garbage/refuse trucks, school buses, and emergency vehicles) are excluded from the roads or parts ofroads except those with a valid permit issued as provided in paragraph C of this article This permit will describe what town roads each vehicle may travel and roads not listed are off limits for that vehicle. In issuing the permits, the amount of    travel, frequency of travel, time of year of travel, and the loaded weight of the vehicle, and road stability will all be considered to determine which roads are. used by each  vehicle.  C.F Permits and transfer of permits.  (1) Vehicles which require access to Town roads may bei issued as individual or fleet permits issued in the name oft the applicant and identifying covered vehicles by model year, manufacturer's: name, vehicle identification number and registration number (tag number). Said permits are subject to all terms and conditions oft this Article. (2) Vehicle indemnification. The applicant shall provide a hold harmless agreement and shall indemnify the Town for any damage caused to Town roads while  operating thereon. (3) Fees. A.  The following fee schedule shall apply to all permits issued under  this Article:  Permit Time Period: Upto1  1to3 Months $15.00  3to6 Months $25.00  6Months to1Year $50.00  Month $10.00  B.  Utility companies and authorities that are subject to a gross receipt  franchise tax, or similar purpose tax, are excepted from the permit fee: requirements  D. Damage.  (1) With the exception ofi normal wear and tear, the owner of any vehicle operated on Town roads, whether that vehicle has a valid permit or not, is responsible for all damages done to the roadways, ditches, curbs, sidewalks or other improvements and  toj public utilities in the roadway.  (2) Upon due notice being given to the owner and at its option, the Town may ask the vehicle owner to repair all damages or the Town may prefer to arrange the necessary repairs and charge the vehicle owner for all labor and materials at the prevailing rates. The highway shall be restored and the integrity oft the repair maintained for a period of one year from the date of any repairs. Particular attention is called to the necessity oft thoroughly compacting the back fill, which will be required by the Town. If the Town requests the Permittee to repair the damages, such repair will done to the specifications, time line and any and all other requirements oft the Town.  E. Maintenance Bond and Liability Insurance.  (1) No permit shall be issued unless the person to whom the permit is to be issued shall have filed with the application for such permit a liability insurance policy or    certificate thereofnaming the Town as an additional insured with the minimum limits of coverage for bodily injury equal to $1,000,000.00 for each person injured, $2,000,000.00 for aggregate bodily injury resulting from each occurrence, and $500,000.00 property the amount of $20,000.00, for each vehicle, in favor of the Town guaranteeing  damage, (coverage for each vehicle).  (2) The applicant shall also file a maintenance bond or bank letter of credit in  compliance with the provisions of the permit.  F. Stop Work Orders  The Highway Superintendent shall have the right and authority to issue stop work orders to those operating in violation of the terms of the local law, permit, or contrary to the permittee's application or conditions upon which its permit was issued.  G: Revocation of] Permit  Upon the violation of any provisions ofthis permit, the  Superintendent may suspend any permit issued hereunder for no more than thirty (30) days, and following a public hearing at which the permittee shall have the right to appear  and be heard, may revoke any permit on notice to the permittee.  H. Special Conditions and Exclusions consent ofthe Superintendent. ofits completion.  (1) The permit shall notl be assigned or transferred without the written (2) The Superintendent shall be given one day's notice by said permittee of (3) The permit shall remain valid only for SO long as the permittee (4) The permit shall not authorize the holder to exceed the maximum gross  the date when it intends to begin the activity authorized by the permit, and prompt notice continues to hold a valid New York State Hauling Permit, if one is necessary.  weight limit authorized for crossing an R-Posted bridge. I Violation ofLocal Law; Penalties Therefore  (1) Any person who shall operate or move a vehicle or a combination of  vehicles, the weights or dimensions of which exceed the limitations provided in Section 385 on town roads or highways without obtaining the permit required hereunder shall be guilty ofa Class A misdemeanor, which shall be punishable by a fine not exceeding One  Thousand ($1,000.00): Dollars..  (2) In addition to the above prescribed penalties, the Town Board may in its  discretion maintain an action or proceeding in the name ofthe Town in a court of competent jurisdiction to çompel compliance with this Local Law by injunction, abatement or otherwise compel cessation ofe each violation, and obtain restitution to the Town for costs incurred by the Town in remedying each violation, including but not  limited to reasonable attorney's fees..  (3) In addition to those penalties prescribed herein, any person who violates  any provision oft this chapter shalll be liable for a civil penalty in an amount not to exceed    $5,000.00 for each day or part therefore during which such violation continues. Thecivil penalties provide by this subsection shall be recoverable in an action instituted in the  name oft the Town.  (4) Ifthe violation is ofa continuing nature, each twenty-four hour period  during which it occurs shall constitute an additional, separate and distinct offense.  Section 3. Severability.  The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances. Itis hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and as if such person or circumstance, to which the local law. or part thereofis held inapplicable, had  been specifically exempt therefrom. Section 4. Repealer.  All Ordinances, Local Laws and parts thereofinconsistent with the Local Law are hereby  repealed.  Section 5. Effective Date.  This Local Law shall take effect immediately upon filing with the New York State Secretary of Staté in accordance with Section 27 oft the Municipal Home RuleLaw.