[HISTORY: Adopted by the Town Board of the Town of Ossining 9-11-1979
as Ord. No. 99. Amendments noted where applicable.]
It is hereby found and determined by the Town Board of the Town of Ossining,
New York, that the unrestricted use of limited-use vehicles upon public and
private property within the unincorporated area of the Town of Ossining constitutes
a nuisance and a menace to the health, safety, welfare and reasonable security
of the residents of the unincorporated area of the Town of Ossining.
It is the intention of the Town Board of the Town of Ossining in adopting
this chapter to preserve, protect and secure the public health, safety and
welfare of the residents of the unincorporated area of the Town of Ossining
by exercising the police power of the Town of Ossining.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Every vehicle which is propelled by any power other than muscular
power, other than one registered or capable of being registered pursuant to
§ 401 or 410 of the Vehicle and Traffic Law of the State of New
York, which has a maximum performance speed of not more than 40 miles per
hour, as defined in § 122-b of the Vehicle and Traffic Law of the
State of New York, and snowmobiles. A "limited-use vehicle" shall not include
any vehicle or device used for the purpose of cutting or trimming grass, while
such vehicle or device is used on private property with the consent of the
owner of such property.
All real property located within the unincorporated area of the Town
of Ossining, State of New York, and owned by the Town of Ossining, the County
of Westchester or the State of New York.
All public streets, sidewalks, alleys, highways, parks, playgrounds,
parking lots, avenues, rights-of-way, easements, paved areas and other open
public ground within the unincorporated area of the Town of Ossining, State
of New York.
It shall be unlawful for any person to operate a limited-use vehicle
upon any public property or municipally owned property within the unincorporated
area of the Town of Ossining, State of New York.
The operation of a limited-use vehicle is prohibited upon private property unless the operator thereof has the express permission of the owner of said private property to operate said vehicle on said property. Even with such permission, the prohibitions as enumerated in § § 192-6 and 192-7 shall be applicable.
It shall be unlawful to operate any limited-use vehicle in such a manner
as to create loud, unnecessary or unusual noise which disturbs, endangers
or interferes with the comfort, repose, health, safety or peace and quiet
of other persons.
It shall be unlawful to operate any limited-use vehicle in a careless,
negligent or reckless manner so as to endanger the safety and welfare of any
person or the property of any person.
It shall be lawful for any employee of the Town of Ossining, the County
of Westchester or the State of New York to operate a limited-use vehicle for
the purpose of maintaining, repairing or doing any public work within the
scope of his employment.
A.
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 a limited-use vehicle in
violation of the terms of this chapter.
B.
Whenever any child under the age of 16 years is alleged
to have violated the provisions of this chapter, his parent, guardian or any
person having care, custody or control of said child shall be notified by
the Chief of Police or any person designated by him to give such notice.
The Police Department of the Town of Ossining shall immediately confiscate
any limited-use vehicle operated in violation of this chapter. The limited-use
vehicle shall be returned only upon the direction of the court.
Any person operating a limited-use vehicle, or any parent as defined in § 192-9, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be guilty of an offense and shall be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of limited-use vehicles, then, in that instance, said laws of the
State of New York shall prevail.
