Terms Used In Vermont Statutes Title 23 Sec. 1007

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
  • Pedestrian: means any person afoot and shall also include any person 16 years of age or older operating an electric personal assistive mobility device. See
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
  • Village: shall mean an incorporated village. See

§ 1007. Local speed limits

(a)(1) The legislative body of a municipality may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any city, town, or village highway within its jurisdiction, which:

(A) is not more than 50 miles per hour; however, after considering neighborhood character, abutting land use, bicycle and pedestrian use, and physical characteristics of the highways, the legislative body of a municipality may vote to set the maximum speed limit, without an engineering and traffic investigation, at not more than 50 miles per hour nor less than 35 miles per hour, on all or a portion of unpaved town highways within its boundaries, unless otherwise posted in accordance with the provisions of this section; or

(B) is not less than 25 miles per hour.

(2) If the legislative body of a municipality votes to set the speed limit on all unpaved town highways in its boundaries at no more than 50 miles per hour nor less than 35 miles per hour as provided for in subdivision (a)(1) of this section, signs shall be located at points of change from one speed limit to another.

(b) The legislative body of a city may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any State highway, other than a limited access highway, within its jurisdiction, which:

(1) is not more than 50 miles per hour; or

(2) is not less than 25 miles per hour.

(c) Any altered limit is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the street or highway.

(d) The special regulations have the full force and effect of law and are in the case of regulations adopted under subsections (a) and (b) of this section subject to review by the Traffic Committee, whose decision is final.

(e) Lack of evidence of a traffic and engineering study will not invalidate a local speed limit ordinance as adopted or amended under this section after five years following the day on which the speed limit ordinance took effect.

(f) Notwithstanding the procedure outlined in this section for enacting a local speed limit, a town or village may adopt a local speed ordinance on a State highway, other than on limited access highways, provided the ordinance duplicates the speed limit established under section 1003 of this title.

(g) Notwithstanding any requirements of section 1025 of this title, downtown development districts designated under 24 Vt. Stat. Ann. chapter 76A may have posted speed limits of less than 25 miles per hour. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 239 (Adj. Sess.), § 2; 1975, No. 232 (Adj. Sess.), § 9, eff. April 7, 1976; 1989, No. 261 (Adj. Sess.), § 1, eff. June 16, 1990; 1995, No. 133 (Adj. Sess.), § 2; 1997, No. 120 (Adj. Sess.), § 7; 1999, No. 32, § 1.)