Oversized Vehicle Traffic

ORDINANCE RE:  OVERSIZED VEHICLE TRAFFIC AN ORDINANCE OF THE TOWN OF STONINGTON, CONNECTICUT, REGULATING OVERSIZED VEHICLE TRAFFIC WITHIN THE TOWN.

WHEREAS, the Town of Stonington (hereinafter “Town”) has an existing ordinance which regulates Through Truck Traffic within the Town; and

WHEREAS, the wording of said ordinance is in conflict with General Statute §14-298, which provides that Through Truck Traffic in Connecticut is within the control of the State Traffic Commission; and

WHEREAS, pursuant to General Statute §7-148(c)(7)(B)(i) and General Statute §7-148(c)(7)(H)(xii), the Town has the power and authority to regulate traffic, and the operation of vehicles, in addition to regulating the use of streets, highways, and public places; and

WHEREAS, the Town wishes to ensure the public health, safety and welfare of the residents of the Town of Stonington by regulating oversized vehicle traffic in and around the Town; and

WHEREAS, the Town wishes to amend its ordinance so that it may carry out its powers and authorities pursuant to General Statute §7-148(c)(7)(B)(i) and General Statute §7-148(c)(7)(H)(xii), without being in conflict with the powers of the State Traffic Commission which preempt the powers of the Town.

NOW THEREFORE, BE IT ORDAINED BY THE LEGAL VOTERS OF THE TOWN OF STONINGTON IN LAWFUL TOWN MEETING DULY ASSEMBLED.  THAT THE FOLLOWING ORDINANCE BE ESTABLSIHED BY THE TOWN OF STONINGTON:

Section 1.

1.1     The Board of Police Commissioners shall have the power to prohibit oversized vehicle traffic on any Town-owned street or any portion of any Town-owned street or any publicly owned parking lot, which street or parking lot is located wholly within the Town of Stonington, where such oversized vehicle traffic would endanger or impede vehicle or pedestrian traffic.  The Board of Police Commissioners shall consider the following:

  1. Width, horzontal, and vertical alignment of the street in question;
  2. Pavement, construction and ability of the street to withstand heavy vehicles;
  3. The availability of alternate routes for oversized vehicle traffic other than the street being considered;
  4. Land use on the street in question;
  5. Neighborhood stability; and
  6. Such other standards as are recognized and accepted by professional traffic engineers.

1.2     Before designating any such Town-owned street or portion thereof or any publicly owned parking lot for no oversized vehicle traffic, the Board of Police Commissioners shall conduct a public hearing.  Testimony at this hearing shall be considered in addition to the criteria listed in Paragraph 1.1 above.  Notice of the hearing date, time and location shall be published in a newspaper having circulation within the Town of Stonington at least fifteen (15) days, but not more than thirty (30) days in advance of the hearing.  The Board of Police Commissioners shall cause such street, portion of street, or parking lot to be posted with “No Oversized Vehicles or Truck Traffic” signs or such signs that comply with the manual on uniform traffic control devices.

1.3     As used in this Ordinance, “oversized vehicle” shall include, but not be limited to, a commercially operated or licensed vehicle having a gross weight of 18,000 lbs. or more.  “Oversized vehicle” shall not include public safety, educational or municipal vehicles.

1.4     Emergency – Nothing in this Ordinance shall prevent the use of any said street, portion of street, or parking lot on a temporary basis in a declared emergency.  The Chief of Police and/or Board of Police Commissioners for the Town of Stonington shall have the power to act in an emergency to reroute oversized vehicle traffic on any of the posted roads on a temporary basis not to exceed five (5) days.

1.5     Nothing in this Ordinance in intended to usurp the state and/or federal laws regarding transportation requirements, or to usurp the State’s power to regulate through truck traffic pursuant to General Statute §14-298.

1.6     Nothing in this Ordinance shall prevent the use of any such restricted street or portion thereof by such oversized vehicle having a destination on such street for purposes of the delivery of goods or services to such destination.

1.7     Penalty – Any person violating the terms of this Ordinance shall be fined One Hundred Dollars ($100.00) for each offense.

Section 2.      All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section 3.      Ifany provision of this ordinance or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this ordinance that can be given affect without the invalid provisions or applications; and to this end, the provisions of this ordinance and the various applications thereof are declared to be severable.

Section 4.      This Ordinance shall become effective fifteen (15) days after publication in a newspaper having a substantial circulation within the Town.

Adopted July 16, 2009
Effective August 2, 2009