[HISTORY: Adopted by the Town Board of the
Town of Grand Island 9-2-1986 by L.L. No. 5-1986 (Ch.
48 of the 1963 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as "Local Law No. 5 of the Year 1986, Regulating the Use of Motor-Driven
Vehicles on Property of the Town of Grand Island and on Privately
Owned Property."
It is the purpose of this chapter to preserve
and promote the health, safety and general welfare of those inhabitants
of the Town of Grand Island 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 inhabitants of the Town of
Grand Island who wish to use and operate motor-driven vehicles from
trespassing on public or private property in the Town of Grand Island,
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 two-wheeled, three-wheeled,
four-wheeled, or treaded vehicles known as "minibikes," "trail bikes,"
"motorcycles," "go-carts," "snowmobile vehicles" and "all-terrain
vehicles," not including any vehicle used for agricultural, landscaping
or lawn maintenance purposes, 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 or vehicles and must be presented upon demand to any peace
officer or police officer so demanding the same.
B.
Any property owned, leased or controlled by the Town
of Grand Island, 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 Grand Island and
on privately owned property, as follows:
(1)
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 such vehicle.[2]
(2)
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(3)
While in an intoxicated condition or under the influence
of narcotics or drugs, as defined by § 1194-a of the Vehicle
and Traffic Law.
(4)
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight,
except as may be otherwise required by state law, rule or regulation.
This chapter shall not apply to police and emergency
vehicles, nor shall it be construed to prohibit lawful operation of
properly licensed vehicles on public streets or thoroughfares, nor
to the operation of unlicensed motor-driven vehicles for the purpose
of maintaining, repairing or doing any public or private work, nor
to the operation of snowmobiles.
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.
Notwithstanding § 386-5, any law enforcement officer with jurisdiction in the Town of Grand Island who shall encounter any person operating a motor-driven vehicle or conveyance in violation of this chapter may remove said vehicle or conveyance to a place designated by the Town Board. 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; provided, however, that the minimum fee for regaining possession of such vehicle or conveyance shall be in the sum of $50.
