Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Bicycles, skates, skateboards and scooters — See Ch. 319.
Vehicles and traffic — See Ch. 818.
Off-road vehicles — See Ch. 822.
814a Uncod LL Pro
[Adopted 7-9-1985 by L.L. No. 25-1985 (Ch. 469, Art. II, of the 1985 Code)]

§ 814-1 Legislative intent.

A. 
This Legislature hereby finds that existing legislation and regulations are insufficient and inadequate to prevent the harm and avoid the danger associated with the use of so-called "off-street motorcycles." This Legislature further finds that the many accidents involving such motorcycles, caused by their misuse, highlight the need for more stringent regulation geared towards minors, the segment of our population which appears most vulnerable and susceptible to the misuse of such vehicles.
B. 
This Legislature finds that the unrestricted availability of such vehicles results in a high incidence of severely disabling personal injuries which extend beyond the person injured to the public at large, via the economic impact to the County of furnishing medical, rehabilitative or welfare aid and assistance.
C. 
Therefore, the purpose of this article is to enhance the public safety and general welfare of Suffolk County residents by prohibiting the sale of such motorcycles to individuals under the age of 18 years. The objective of this article is to thereby limit the access of minors to such vehicles without parental involvement.

§ 814-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including a minibike, motor scooters with motors that produce more than 10 horsepower and bicycles with motors that produce more than 10 horsepower, and also includes a vehicle commonly designated as a "quad." "Motorcycle" shall not include a tractor, any off-highway motorcycle registered under § 411-b of the New York Vehicle and Traffic Law nor any vehicle used for law enforcement, fire, emergency or military purposes.
PERSON
Any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint-stock association or other entity or business organization of any kind.

§ 814-3 Sale to minors prohibited.

No person shall sell or offer for sale any motorcycle within the County of Suffolk to any unemancipated individual actually or apparently under the age of 18 years.

§ 814-4 Penalties for offenses.

Any person who fails to comply with § 814-3 of this article shall be guilty of a violation and subject to a fine of $1,000 for each and every such violation.

§ 814-5 Disposition of fines.

Proceeds of the fines collected pursuant to this article shall be turned over to the County of Suffolk and shall be used by the County for the sole purpose of providing assistance to the victims of crime within the County of Suffolk.
[Adopted 9-20-2007 by L.L. No. 28-2007 (Ch. 466A, Art. I, of the 1985 Code)]

§ 814-6 Legislative intent.

A. 
This Legislature hereby finds and determines that under current law, automobile and motorcycle dealers are not required to check that a person purchasing a vehicle actually possesses a valid license to operate the vehicle in question.
B. 
This Legislature further finds that permitting a person to obtain and operate a vehicle he or she is not properly trained to handle is not only dangerous to that driver but also to others traveling on Suffolk County's roadways.
C. 
This Legislature also finds that in one recent incident, an eighteen-year-old Suffolk resident was allowed to purchase and drive a motorcycle from a dealer's establishment even though he did not have a license to operate the motorcycle. This young man was killed in an accident approximately one month later, having never obtained a license to operate the motorcycle.
D. 
This Legislature further determines that all reasonable steps must be taken to enhance the safety of the County's roadways, and requiring a person to produce a valid driver's license before he or she drives a vehicle from a dealer's business is a common-sense measure that will increase safety and prevent accidents.
E. 
Therefore, the purpose of this article is to prohibit registered automobile and motorcycle dealers from releasing vehicles to persons who cannot produce a valid operator's license.

§ 814-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DEALER
A person or entity engaged in the business of buying, selling or dealing in motor vehicles, motorcycles or trailers at wholesale or retail, who is registered with the New York State Department of Motor Vehicles pursuant to § 415 of the New York Vehicle and Traffic Law.
VALID LICENSE
A driver's license issued by the State of New York or other jurisdiction, authorizing operation of a motor vehicle or motorcycle. This term shall not be construed to include learner's permits.

§ 814-8 Valid operator's license required.

No dealer shall release a motor vehicle or motorcycle, which is being sold or offered for sale, to a person so that it may be driven from the dealer's premises, unless the person presents to the dealer a valid license to operate the subject motor vehicle or motorcycle. The license relied upon by a dealer to release a motor vehicle or motorcycle must appear on its face to be genuine.

§ 814-9 Recordkeeping.

A dealer shall maintain a copy of any license he or she relies upon for the release of a motor vehicle or motorcycle for one year following a sale.

§ 814-10 Penalties for offenses.

Any dealer who willfully violates any provision of this article shall be guilty of an unclassified misdemeanor, punishable by a fine of up to $1,000 for each violation.

§ 814-11 Applicability.

This article shall apply to all actions occurring on or after the effective date of this article.