Traffic Ordinance

CHAPTER 90. GENERAL TRAFFIC

Sec. 90-1. Statement of purpose

(a) It is declared to be the intent of the town to promote an environment of safety for both vehicle and pedestrian travel and adherence to traffic regulations. The purpose of this article is to establish standards for the control of vehicle and pedestrian traffic in the town.

(b) In accordance with the statement of intent in subsection (a) of this section, it shall be unlawful for any person to violate any of the provisions set forth herein within the town limits.

Sec. 90-12. Definitions

Terms used in this chapter relating to traffic shall be construed in accordance with the definitions found in state law unless a different meaning is clearly apparent from the language or context or is otherwise inconsistent with the manifest intent of this chapter. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commercial Motor Vehicle means any motor vehicle of greater than 12,000 pounds gross vehicle weight intended, designed, or constructed for the transportation of freight or merchandise, or any motor vehicle equipped with other than pneumatic tires, or any other motor vehicle that is used, signed, or otherwise placarded for use in the furtherance of private industry or commerce.

Deviating Truck means a commercial motor vehicle with a gross weight of 12,000 pounds or more which leaves and departs from a truck route while traveling inside the town.

Parking Lot means any public parking lot owned and/or operated and maintained by the town.

Registered Owner. For purposes of this section, any commercial motor vehicle, as defined in this section, operated within the town shall be presumed to be operated or caused to be operated by the registered owner thereof, unless the actual operator is known. Such presumption shall be prima facie evidence of the identity of the operator of the vehicle in a prosecution regarding an alleged violation of this section.

Restricted Street means that part of any public street, avenue, road, boulevard, highway, parking lot, or other public place established for the use of vehicles within the town and restricting parking to a limited period only.

Shall is always mandatory and not merely directory.

Truck Route means a way over certain streets, as designated in this chapter, over and along which trucks coming into and going out of the town must operate.

Vehicle means any device, in, upon, or by which any person or property is or may be transported upon a highway or any other designated way, other than a Commercial Motor Vehicle as afore described.

Sec. 90-13. Police control

The police department shall control all traffic in or upon the streets or highways. Police officers may divert vehicular or pedestrian traffic when necessary to avoid congestion or to promote safety and convenience, and no person having charge of a vehicle shall refuse or neglect to stop or place the vehicle as directed by a police officer. During special events, such as parades, mass gatherings, events, etc., or in times of emergency, the police chief may issue special regulations banning or otherwise regulating parking and diverting or otherwise regulating the flow of traffic on certain streets, such regulations to be in effect during the period of emergency or special event. The police chief may also issue special regulations banning or otherwise regulating parking or diverting or otherwise regulating the flow of traffic for periods not to exceed 90 days when, in his judgment, conditions exist that warrant such action or which make a trial period advisable to determine whether or not the enactment of such a regulation as an ordinance should be recommended. In specific instances and when, in his judgment, the police chief finds that there is no other reasonable solution, he may permit parking for loading or unloading or for other purposes which would otherwise violate this chapter. Such special regulations shall have the force and effect of an ordinance and shall be subject to all sections of this chapter.

Sec. 90-14. Obstruction of streets

No person shall stop a vehicle in such a way as to obstruct any street or crosswalk except in an accident or when directed to do so by a police officer. Vehicles may stop as long as reasonably necessary in a lane of traffic to load or unload passengers or freight, provided other vehicles may reasonably pass around them, except as provided in this chapter. No such vehicle may be left unattended for more than five minutes.

Sec. 90-15. Obstruction of sidewalks

(Reserved for future use)

Sec. 90-16. Removal of vehicles

Vehicles may be removed from public ways in the town, pursuant to RSA 262:31.

DIVISION 1. TRAFFIC CONTROL DEVICES*

Sec. 90-31. Authority to install

The public works department shall install and shall maintain traffic control signs, signals, and devices when and as required under this article to make effective the provisions of this chapter and may place and maintain such additional traffic control devices as the police department may deem necessary by reason of traffic conditions or applicable ordinances or statutes or to guide or warn traffic. All traffic control devices shall be installed in accordance with state department of transportation standards.

*State law references: Traffic control signal legend, RSA 265:10.

Sec. 90-32. Obedience

The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this article and applicable state statutes, unless directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in state statutes.

Sec. 90-33. Traffic control legend

The provisions of RSA 265:10 shall be applicable relative to the meaning of any mechanical traffic control device installed in the town.

Sec. 90-34. Red, amber, green traffic signals

Traffic may be regulated by means of mechanical traffic devices with legends in accordance with section 90-33 at the following intersections:

(Reserved for future use)

Sec. 90-35. Flashing amber or red signals

Traffic may be regulated by means of mechanical control devices with legends in accordance with section 90-33 at the following intersections:

An amber flashing signal regulating traffic along Rte. 103 at Sutton Road.
A Red flashing signal regulating traffic along Sutton Road at Rte. 103.

Sec. 90-36. Right turns on red signal prohibited

In accordance with state law and standard mechanical traffic devices with legends in accordance with section 90-33, a right turn at the following intersections on a red signal shall be prohibited for any vehicle:

(Reserved for future use)

Sec. 90-37. Temporary signs in place of signals

The police chief is hereby authorized to order the placement of stop signs at the appropriate sides of intersections as designated by him, which stop signs shall have full force and effect whenever the traffic signals at those intersections are not operating on the normal red, amber, and green cycle for any reason. When the traffic signals are restored to operation, such stop signs shall be removed.

DIVISION 2. TRAFFIC REGULATIONS

SECTION 90-40. PARKING

Sec. 90-41. Prohibited areas

It shall be unlawful for any person to stop, stand or park a motor vehicle at any time contrary to any of the following unless otherwise directed by a police officer:

On a public sidewalk.
On a public crosswalk.
Within an intersection.
In front of or close to a public or private driveway, whether on the same side of the street as the driveway entrance or on the opposite side, if it inhibits use of the driveway.
Within 15 feet of a fire hydrant or sprinkler head.
Within 30 feet of an intersecting street unless otherwise posted and authorized in this Code.
Within 75 feet of a fire station entrance.
Alongside or opposite any street excavation or obstruction when such parking will obstruct traffic.
Upon any bridge or elevated structure upon a highway.
At any place where official signs prohibit or regulate parking, standing or stopping.
Within any designated fire lane.
On the road side of any vehicle stopped or parked at the edge or curb of any street.
On a roadway lined or designated for two-way traffic, where the vehicle is parallel parked, closest to and facing the opposite direction of designated travel.
On a roadway designated as one-way traffic, where the vehicle is parked facing opposite the designated direction of travel.
On the travel portion of any roadway so as to obstruct the movement of traffic in the travel lane.
On a public way when any wheel of a parked vehicle is beyond the painted lines in the roadway.
In any place on town property where official signs prohibit or regulate parking, standing or stopping.
Upon any public way when the principal purpose is displaying the vehicle for sale.
Within 20 feet of a crosswalk.
In a designated loading or unloading zone.
In zones designated for handicapped parking, unless such vehicle displays a valid permit for such parking issued from a recognized government authority.

Sec. 90-42. Winter Parking

(a) No vehicle or obstruction shall be parked or placed in any manner upon or along any street, alley, or way located within the municipal limits of and maintained for the public good by the Town of Newbury, NH from 12:00 AM midnight on October 31, through and including 12:00 AM midnight on April 30 of any year.

(b) Not withstanding the provisions of paragraph 1 above, residential areas within the municipal boundaries of the Town of Newbury that have been specifically marked and / or posted for regulated parking shall be subject to the posted provisions for parking in such designated areas.

*State law references: Stopping, standing or parking, RSA 265:69.

SECTION 90-140. ONE-WAY STREETS

Sec. 90-141. Established

Upon the following ways and parts of ways, vehicular traffic shall move only in the indicated direction:

Pine Street in a northerly direction
Washington Street in a northerly direction
Lake Avenue from Sunlight Lane to Blodgetts Landing Road in a southerly direction
Sunlight Lane in a westerly direction

Sec. 90-142. Rotary and cul-de-sac traffic

Upon the approach to a rotary or cul-de-sac, traffic shall keep to the right and travel in a counterclockwise movement.

Sec. 90-143. Closed streets

(Reserved for future use)

SECTION 90-240. TURNS

Sec. 90-241. Limitations

When so posted at intersections and entrances to public ways, the direction of movement of motor vehicles is limited as indicated by such posting. Restrictions on movements shall be indicated by signs or traffic control signals as described in sections 90-31 and 90-32:

Sec. 90-242. No U-turns

When so posted at the end of any median or island in the town, U-turns shall be prohibited.

Sec. 90-243. Medians and islands

(a)Wherever a traffic island divides the street intersection for the purpose of channeling traffic, vehicles shall travel and pass on the right side of such islands at all times and shall not cross any island unless authorized access is so posted, or as lawfully directed by a police officer.

(c)Upon approach to a median, whether raised or indicated by makings upon the roadway, vehicles shall travel and pass on the right side of such medians at all times and shall not cross any median unless authorized access is so posted, or as lawfully directed by a police officer.

SECTION 90-340. WEIGHT LIMITS

Sec. 90-341. Established

Pursuant to the authority conferred by RSA Chapter 41, Section 11:

(a) No person shall operate any vehicle on or over any bridge, town-regulated parking structure or elevated roadway in the town when such vehicle weighs more than the weight limits posted by the Town of Newbury Highway Administrator at the direction of the Board of Selectmen or by the authority of the commissioner of the state department of public works and highways.

SECTION 90-440. STOP STREETS

Sec. 90-441. Stop signs

In accordance with state law, a standard stop sign is hereby ordered erected and maintained at the intersection of the public ways set forth in this section. All traffic approaching the following named stop-signed intersections shall first come to a full stop, except when otherwise directed by a police or traffic officer or by any lawful traffic regulation sign, device, or signal, and shall yield the right-of-way to all other vehicles:

South Road at the approach to Village Road
Cheney Road at the approach to Old Post Road
Old Province Road at the approach to Old Post Road
Post Office Street at the approach to Washington Street
Post Office Street at the approach to Lake Avenue
Washington Street at the approach to Sunlite Lane
Bowles Road at the approach to Blodgetts Landing Road
Morse Lane at the approach to South Road
South Road at the approach to Newell Road
Newell Road at the approach to Pleasant View Road
Gillingham Drive at the approach to Sutton Road
Winding Brook Road at the approach to Moutainside Road

SECTION 90-540. YIELD STREETS

Sec. 90-541. Yield signs

In accordance with state law a yield right-of-way sign is hereby ordered erected and maintained at the intersection of the following public ways:

Richards Road at the approach to Cheney Road

SECTION 90-640. SPEED LIMITS

Sec. 90-641. Maximum speed established

It shall be unlawful for any person to operate any motor vehicle on a town-owned public way in the town at a speed greater than 30 miles per hour unless otherwise provided by sections of this chapter.

Sec. 90-642. Twenty-five miles per hour

It shall be unlawful for any person to operate any motor vehicle on the following public ways in the town at a speed greater than 25 miles per hour:

Blodgetts Landing Road
Bowles Road
Brats Cove
Lake Avenue
Mountainside Road
Pine Street
Post Office Street
Ramblewood Drive
Ramblewood Circle
Ramblewood Place
Sunlight Lane
Village Road
Washington Street
Winding Brook Road

SECTION 90-700. EXEMPTIONS

The provisions set forth in this chapter shall not apply to emergency vehicles, or other such vehicles or equipment summoned and authorized by competent government authority to perform in the interest of public safety.

SECTION 90-800. PENALTIES

(A) Sec. 90-801. Violations of Section 90-41(1-20)

(1) Whoever violates the provisions of Sec. 90-41(1-20) shall be assessed a fine in the amount of $25.00 for each offense. If such a violation continues for a period of greater than twenty-four (24) hours, a police officer is hereby authorized to provide for and cause its removal by impoundment with such expenses for said removal and subsequent storage to be incurred upon the owner of the vehicle removed.

(2) Whoever violates the provisions of Sec. 90-41(21) shall be assessed a fine in the amount of $250.00 for each offense. If such a violation continues for a period of greater than twenty-four (24) hours, a police officer is hereby authorized to provide for and cause its removal by impoundment with such expenses for said removal and subsequent storage to be incurred upon the owner of the vehicle removed.

(B) Sec. 90-802. Violations of Section 90-42.

A violation of this provision shall yield the removal of such vehicle or obstruction by any duly authorized police officer for the Town of Newbury or their designee, with such expenses for said removal and subsequent storage to be incurred upon the owner of the vehicle or property removed.

Whoever violates the provisions of these sections may be assessed a fine in the amount of $100.00 for each offense.

SECTION 90-900. PAYMENT OF FINES

Payment of fines imposed by these regulations shall be made to the Newbury Town Clerk in a manner prescribed by that authority within ten (10) business days of the violation.

SECTION 90-950. ENHANCED PENALTIES

(a) Any person who fails to comply with the provisions of Section 90-800 within ten (10) business days of the violation shall have the violation forwarded to a court of competent jurisdiction for prosecution of said offense.

(b) The penalty for offenses forwarded for prosecution in the District Court shall be assessed in accordance with the provisions of state law.

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