[HISTORY: Adopted by the Town Board of the Town of Southold as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-15-1983 by L.L. No. 12-1983]
This article shall be known as the "Unlicensed Motor-Driven Vehicle
Law of the Town of Southold."
The Town Board of the Town of Southold recognizes the potential adverse
impact on the health, safety and general welfare of the residents of Southold
and to property within the Town by the use of unlicensed motor-driven vehicles
and, therefore, deems it appropriate to control the use of said vehicles.
For the purposes of this article, the following terms shall have the
meanings indicated:
All streets, sidewalks, easements or any other areas dedicated or
commonly used by the public.
Any type of unlicensed motor-driven vehicle or conveyance, including
but not necessarily limited to snowmobiles, two-wheeled motor vehicles known
as "trail bikes" and "motor scooters" and four-wheeled motor vehicles commonly
known as "go-carts" or "all-terrain vehicles."
It shall be unlawful for any person to operate any unlicensed motor-driven
vehicle upon any property owned or leased by the Town of Southold.
The operation of an unlicensed motor-driven vehicle is prohibited upon
private property unless the operator of said unlicensed motor-driven vehicle
has with him and presents written permission of the owner of said private
property to operate said vehicle on said property.
The provisions of this article shall not affect or prohibit the following:
A.
The operation of any unlicensed motor-driven vehicle
by an officer or employee of the Town of Southold or any school district,
park district or other public improvement districts within the Town of Southold,
while being operated by such officer or employee within the scope of his employment.
B.
The use and operation of golf carts.
C.
The use and operation of motor-driven wheelchairs.
It shall be unlawful for the parent, guardian or any person having the
care, custody and control of any child under the age of 16 years knowingly
to permit such child to operate an unlicensed motor-driven vehicle in violation
of the terms of this article.
Whenever any child under the age of 16 years is alleged to have violated
this article, his parent, guardian or any person having the care, custody
or control of the child shall be notified by the Chief of Police or any person
designated by him to give such notice.
The police shall immediately impound any unlicensed motor-driven vehicle
operated in violation of this article. The unlicensed motor-driven vehicle
shall be returned upon payment of the fine or upon direction of the court.
Any operator or parent, as defined in § 264-7, who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to a fine not exceeding $250.
Should any section or portion of this article be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of unlicensed motor vehicles, then, in that instance, said laws
of the State of New York shall prevail.
The provisions of this article are declared to be severable, and if
any section, subsection, sentence, clause or phrase hereof shall, for any
reason, be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, subsections, sentences, clauses
and phrases of this article, but they shall remain in effect, it being the
legislative intent that this article shall stand notwithstanding the invalidity
of any part thereof.
This article shall take effect immediately.
[Adopted 9-12-2000 by L.L. No. 19-2000]
It is the purpose of this article to preserve and promote the health,
safety and general welfare of those inhabitants of the Town of Southold who
wish to use and operate motor-driven vehicles on private property or municipal
property. It is also the purpose of this article to prevent those inhabitants
of the Town of Southold who wish to use and operate motor-driven vehicles
from trespassing on public or private property in the Town of Southold, from
annoying inhabitants and from creating a public nuisance.
It shall be unlawful to operate or for the owner to permit the operation
of any type of motor-driven vehicles or conveyances, including but not limited
to two-wheeled vehicles known as "minibikes," "trailbikes" and "motorcycles,"
three-wheeled vehicles known as "ATV's" or "ATC's" or the like and four-wheeled
motor vehicles known as "go-carts" and "no-wheeled vehicles," such as but
not limited to snowmobiles and limited-use vehicles as defined in Article
1 of the Vehicle and Traffic Law, under the following circumstances:
A.
On the private property of another person without the
written permission of the owner or occupant of said property. Said written
permission must be in the possession of the person operating the motor-driven
vehicle and must be presented upon demand to any peace officer or police officer
so demanding.
B.
On any property owned, leased or controlled by the Town
of Southold, except on trails duly designated by the Town for the use of such
vehicles at the times and in the manner so designated.
C.
On property owned by the Town of Southold and on privately
owned property as follows:
(1)
In such a manner as to create loud, unnecessary or unusual
noises or so as to disturb or interfere with the peace and quiet of other
persons.
(2)
In a careless, reckless, negligent or defiant manner
so as to endanger or be likely to endanger the safety and property of any
person, including the operator of said vehicle.
(3)
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(4)
While in an intoxicated condition or under the influence
of narcotics or drugs as defined by § 1192 of the Vehicle and Traffic
Law.
(5)
Between sunset and sunrise or when lights are required
for safety without displaying at least one headlight and taillight.
The failure of the operator of an off-road vehicle to produce or display
written consent of the owner of the private property on which he is operating
shall be presumptive evidence that the operator does not have the consent
of the owner to operate said vehicle on said private property. This presumption
shall be rebuttable.
The Southold Police Department, through the Chief of Police of the Town
of Southold, any other police officer and any other peace officer shall enforce
the provisions of this article.
This article shall not apply to police and emergency vehicles.
Any member of the Southold Police Department (or any other enforcement
officer who shall encounter any person operating a motor-driven vehicle or
conveyance in violation of this article) shall immediately remove said vehicle
or conveyance to a place designated by the Chief of Police. The owner or duly
designated agent of the owner of such vehicle or conveyance may regain the
same upon payment of all expenses and charges necessarily and actually incurred
by the removal and/or storage of said vehicle or conveyance. Any vehicle not
redeemed within 30 days shall be considered an abandoned vehicle under the
provisions of § 1224 of the New York State Vehicle and Traffic Law.
A.
Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50 nor more than $500 or to imprisonment not to exceed 15 days, or both such fine and imprisonment. Any second or subsequent conviction of such person, firm or corporation shall be subject to a fine not less than $250 nor more than $750 and the vehicle or conveyance shall be subject to confiscation pursuant to § 264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored by the Town in excess of 30 days may, upon conviction under this chapter, be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities.
[Amended 11-21-2006 by L.L. No. 15-2006]
B.
In addition, any and all persons, firms or corporations
violating or permitting a violation of any of the provisions of this article
or omitting or refusing to do any act required by this article shall severally,
for each and every violation and noncompliance respectively, be liable for
a civil penalty of $50. The imposition of all penalties for any violation
of this article shall not excuse the violation or permit it to continue. The
application of the above penalties or the provisions of this article shall
not be held to prevent the enforcement of this article by other action.
C.
In addition, any and all persons, firms or corporations
violating or permitting a violation of any of the provisions of this article
shall be subject to such order or orders of the court as may be imposed so
as to assure restoration of any public or private property damages, restitution
or reimbursement to the Town or private citizens for property damage or crop
loss and/or an order directing community service in addition to or substitution
for the foregoing.
If any clause, sentence, paragraph, subdivision, section or other part
of this article shall for any reason be adjudged by any court of competent
jurisdiction to be unconstitutional or otherwise invalid, such judgment shall
not affect, impair or invalidate the remainder of this article, and it shall
be construed to have been the legislative intent to enact this article without
such unconstitutional or invalid parts therein.
This article shall take effect immediately upon filing in the office
of the Secretary of State of New York.
