[HISTORY: Adopted by the Town Board of the Town of Somers 8-9-1984
by L.L. No. 2-1984.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Operation of vehicles in parks — See Ch. 128.
Vehicle and traffic regulations — See Ch. 158.
[1]
Editor's Note: This local law also superseded former Ch. 160, Vehicles,
Unlicensed, adopted 12-9-1982 by resolution.
The purpose of this chapter is to protect the public health, welfare.
safety, peace and tranquility by regulating the operation of motorcycles,
limited-use motorcycles, snowmobiles and limited-use off-road vehicles within
the Town of Somers. It is also the purpose of this chapter to prevent those
who wish to operate and use motorcycles, limited-use motorcycles, snowmobiles
and limited-use off-road vehicles from trespassing on public or private property
in the Town of Somers, from annoying any person or persons and from creating
a public nuisance.
As used herein, the following words shall have the meanings set forth
below:
An unenclosed limited-use vehicle having two, three or four wheels
(a quad) with a seat or saddle for the operator. A "limited-use motorcycle"
having the maximum performance speed of more than 20 miles per hour but not
more than 30 miles per hour shall be a Class B limited-use motorcycle. A "limited-use
motorcycle" having a maximum performance speed of not more than 20 miles per
hour shall be a Class C limited-use motorcycle.
A vehicle other than one currently licensed to be operated or driven
upon a public highway, which is propelled by any power other than human power.
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,
but excluding a tractor.
A self-propelled vehicle designed to travel on snow or ice, steered
by skis or runners and supported in whole or in part by one or more skis,
belts or cleats.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle on private lands of another person within the Town of Somers without
written permission of the owners or occupants of said property. The written
permission must be in the possession of the persons operating the motorcycle,
limited-use motorcycle, snowmobile or limited-use off-road vehicle and must
be presented upon demand to any peace officer or police officer so demanding.
B.
The following are prohibited within the Town of Somers
at all times:
(1)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or off-road limited-use vehicle in such a manner as to disturb
or interfere with the peace and tranquility of persons by creating loud, unnecessary
or unusual noise.
(2)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle in a careless, reckless or negligent
manner so as to endanger or be likely to endanger the safety or property of
any persons, including the operator of the vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle at a rate of speed greater than
reasonable or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle, with or without written permission,
within 1,000 feet of any dwelling other than the dwelling house of the operator.
(5)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle on any lands leased, owned or controlled
by the Town of Somers, except as provided by local law. This shall not be
construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
A.
Section 160-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle is entering the public highway from a private driveway.
B.
This chapter shall not apply to police and emergency
vehicles.
A failure to comply with the provisions of this chapter shall be deemed
a violation, and the violator shall be subject to a fine not exceeding $250
or imprisonment not exceeding 15 days, or both.
A.
Notwithstanding § 160-5, any enforcement officer of the Town of Somers Police Department or New York State Police who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the officer in command for the day. The owner or duly designated agent of the owner of such vehicle may regain the same payment of expenses and charges necessarily and actually incurred by the removal of said vehicle, with the minimum fee being an amount set by resolution of the Town Board.[1]
[Amended 10-17-1991 by L.L.
No. 7-1991]
[1]
Editor's Note: The current fee is set forth in the fee schedule, which
is on file in the office of the Town Clerk.
B.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicles in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this section will be sold at
public auction according to the appropriate procedures and law affecting public
auctions by municipalities. (Minimum bid should reflect cost and penalties
to date.)
The Town of Somers Police Department and the New York State Police shall
enforce the provisions of this chapter.
