Plowing of Snow
As defined in the above section "littering", snow is one of the injurious materials.
It is illegal to plow or blow snow onto the highway suface or shoulder of the road. Snow should be removed entirely off the right of way. The pushing of snow around or against mailboxes, telephone poles, fences or just leaving huge piles on the roadway assuming the highway department vehicles will remove the snow causing many dangerous situations and additional man hours to rectify the problem.
Did you know? Highway Department snowplow/equipment are not classified as an emergency vehicle, only emergency vehicles can run flashing lights. This is one of the reasons, a snow plow does not have flashing red lights.
As described below we are considered a hazard vehicle prescribed by law with no more authority than everybody with a yellow light on top of their pickup truck!
Every vehicle owned and operated or leased by a utility, whether public or private, used in the construction, maintenance and repair of its facilities, every vehicle specially equipped or designed for the towing or pushing of disabled vehicles, every vehicle engaged in highway maintenance, or in ice and snow removal whether such operation involves the use of a public highway and vehicles driven by a rural letter carriers while in the performance of their official duties.
The operation of parking, of a vehicle on or immediately adjacent to a public highway while such vehicle is actually engaged in an operation which would restrict, impede or interfere with the normal flow of traffic.
- A motor vehicle, other than a motorcycle, equipped with any device such as, but not limited to, a snow plow blade, which blocks or impairs the projection of light from the headlamps of such vehicle, shall be equipped with at least two additional headlamps on the front.
Declaration of Emergency
Whenever road conditions in the Town of Frankfort shall become hazardous or such that the free movement of fire, health, police emergency, snow removal equipment or other vehicular traffic may be impeded by reason of snow, freezing rain, sleet, ice, water, debris, fire or other natural or artificial causes, the superintendent of the Town of Frankfort, or such other person designated by him, may be authorized to declare the existence of an emergency.
Highways Deemed Emergency Routes
- Whenever during the period between Nov. 1st each year and May 1st the following year there shall be an accumulation of two (2) inches or more of snowfall on any highway in the Town of Frankfort, such highway shall be deemed an emergency route.
- All such highways shall continue to be emergency routes until the superintendent of highways of the Town of Frankfort shall have caused the same to be plowed free of such snowfall or to be sanded.
Notice of Other Than Snow Emergencies
The declaration of an emergency other than as set forth in above may be conveyed to the public by radio, television or newspaper. Notice may also be transmitted to the general public by distribution of notices, leaflets, handbills or other printed notices distributed to the general public or affixed to vehicles parked on the highway within the Town of Frankfort. If the emergency is obvious, such as fire or other visible causes, which to a reasonably prudent person would indicate the extent of an emergency, no additional notice shall be required.
Emergency Route Parking
No person shall leave or permit to remain parked unattended any vehicle on any highway or right-of-way in the Town of Frankfort which has been deemed an emergency route under above. Where the driver of such vehicle cannot be located, the violation of this provision shall be presumed to be that of the registered owner of the vehicle.
Removal of Unattended or Disabled Vehicles
Any vehicle left unattended as set forth in above paragraph herein or which shall be stalled or otherwise unable to be moved on any emergency highway during an emergency may be towed or removed or cause to be removed under the direction of the highway department.
Notice of Removal
It shall be the duty of the highway department to ascertain, to the extent possible, the owner of the vehicle and to notify said owner of the removal and disposition of such vehicle and of the amount which will be required to redeem the same.
Indemnification of Town
Any removal of any vehicle by the town shall be done without incurring any liability for damages to the vehicle, provided that reasonable care has been taken in its removal.
Right of Way
The right of a person to pass over other persons land.
Right of way includes all portion of the highway owned by the Town of Frankfort and the county of Herkimer, within the boundaries of the Town of Frankfort and maintained by the town for use for public travel, including but not limited to shoulders, ditch, culverts and bridges.
Property owners having road frontage relative to highway law right of way. A properties owner deed may reflect him owning and paying taxes that border on the curb or edge of pavement but as defined in highway law, right of way, the Town of Frankfort (Highway Department) has the authority to maintain for whatever purpose, from the center of the road, 24.6 feet into your property. A simple definition described in the term right of way, the superintendent of highways and the Town of Frankfort actually has the authority to clear or remove any obstacles (stones, fences, trees, mailboxes, etc.), being in that designated 24.6 feet area.
Rods are the definition used in highway construction for the width of a dedicated road including road surface, shoulders, and ditches or culverts. Rods measures 16.5 feet, most roads are dedicated minimum (3) rods 49.5 feet.