[HISTORY: Adopted by the Town Board of the
Town of Clinton 9-8-1987 by L.L. No. 2-1987. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as "Local Law No. 2 of the Year 1987, Regulating the Use of Motor-Driven
Vehicles on Property of the Town of Clinton and Privately Owned Property."
It is the purpose of this chapter to preserve
and promote the health, safety and general welfare of the inhabitants
of the Town of Clinton and of those persons who wish to use and operate
motor-driven vehicles on private property or municipal property. It
is also the purpose of this chapter to prevent those persons who wish
to use and operate motor-driven vehicles from trespassing on public
or private property in the Town of Clinton, 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 conveyance,
including, but not limited to, two-wheel, three-wheel and four-wheel
vehicles known as “minibikes,” “trailbikes,”
“motorcycles,” all-terrain vehicles, four-wheel motor
vehicles known as “go-carts” and snowmobiles under the
following circumstances:
A.
On private property of another person without 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.
Any property owned, leased or controlled by the Town
of Clinton, except on trails duly designated by the Town for the use
of such vehicles at the times and in the manner so designated; however,
this shall not be construed to prohibit the lawful operation of licensed
vehicles on public streets or thoroughfares.
C.
On property owned by the Town of Clinton and on privately
owned property within the Town as follows:
(1)
In such a manner as to create loud, unnecessary or
unusual noise so as to disturb or interfere with the peace and quiet
of other persons;
(2)
In a careless, reckless or negligent manner so as
to endanger, or be likely to endanger, the safety or 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)
Within 500 feet of any dwelling or residence other
than the dwelling or residence of the owner or operator of such vehicle;
(5)
While in an impaired or intoxicated condition or under
the influence of narcotics or drugs as defined by § 1192
of the Vehicle and Traffic Law;
(6)
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight.
The Dutchess County Sheriff's Department and/or
the New York State Police or any other police officer and any other
peace officer shall enforce the provisions of this chapter.
This chapter shall not apply to police and emergency
vehicles and farm vehicles actually being used in farming.
A.
Any member of the Dutchess County Sheriff's Department
and/or New York State Police or any other enforcement officer, who
shall encounter any person operating a motor-driven vehicle or conveyance
in violation of this chapter, shall remove said vehicle or conveyance
to a place designated by the officer's department. The owner or duly
designated agent of the owner of such vehicle or conveyance may regain
same upon payment of all expenses and charges necessarily and actually
incurred by the removal and/or storage of said vehicle or conveyance.
B.
Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a Violation B, punishable as set forth in Chapter 137, Fines and Penalties. In the case of a second or subsequent violation, the court may order confiscation of said vehicle or conveyance which, if confiscated pursuant to this section, will be sold at public auction according to appropriate procedures and laws affecting public auctions by municipalities. [1]
C.
In addition, any and all persons, firms or corporations
violating or permitting a violation of any of the provisions of this
chapter, or omitting or refusing to do any act required by this chapter,
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 chapter shall not excuse the violation or
permit it to continue. The application of the above penalties or the
provisions of this chapter shall not be held to prevent the enforcement
of this chapter by other action.
