[HISTORY: Adopted by the Town Board of the
Town of Sullivan 6-5-1985 by L.L. No. 6-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 213.
It is the purpose of this chapter to promote
the public health, safety, and general welfare, and to protect the
public by control over the disorderly operation of vehicles, snowmobiles
and motor vehicles. The provisions of this chapter are designed:
A.
To protect human life and health;
B.
To prevent conditions that destroy the aesthetic qualities
of the Town;
C.
To prevent conditions which tend to depreciate not
only the property on which such conditions are located, but also the
property of other persons in the neighborhood and Town generally;
and
D.
To prevent conditions that cause the Town to be less
safe and less pleasant a place in which to live and to do business.
A.
LIMITED USE VEHICLE
MOTOR VEHICLE
OWNER
PARKING AREA OF A SHOPPING CENTER
PERSON
PRIVATE ROAD
PUBLIC HIGHWAY
SHALL
SNOWMOBILE
SPECIALTY MOTOR VEHICLE
TOWN
TOWN BOARD
VEHICLE
Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and in the Vehicle and Traffic Law of the
State of New York so as to give this chapter its most reasonable application.
A motor vehicle as is defined in the Vehicle and Traffic
Law of the State of New York at § 121-C.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
Any individual, firm, company, association, society, corporation
or group having title to real or personal property.
An area or areas of private property totaling at least one
acre, near or contiguous to and provided in connection with premises
having one or more stores or business establishments, and used by
the public as a means of access to and egress from such stores and
business establishments and for the free parking of motor vehicles
of customers and patrons of such stores and business establishments.
Any individual, firm, company, association, society, corporation
or group.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
Is mandatory, "may" is permissive.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis on runner and supported in whole or in part by
one or more skis, belts or cleats.
A motor vehicle, the principal use for which is dictated
by a purpose other than transportation of people, such as racing motor
vehicles.
The Town of Sullivan, New York.
The duly elected Town Board of the Town of Sullivan or their
authorized deputy, agent or representative.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
B.
Any term not hereinabove defined shall have the same
meaning as it is defined in any other local law of the Town.
This chapter shall apply to all areas within
the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
No person shall operate a vehicle, snowmobile,
or motor vehicle, including a limited use vehicle and specialty motor
vehicle, upon any public highway, or upon any private road, or upon
any driveway, parking lot or place over which a vehicle, snowmobile
or motor vehicle is operated, public or private, or upon a parking
area of a shopping center, in such a manner as to cause or create
a disturbance, or to cause alarm or fear for the safety of person
or property, or to disturb the peace and quiet of any person or persons
in the Town.
No owner of a vehicle, snowmobile or motor vehicle,
including a limited use vehicle and specialty motor vehicle, or person
to whom exclusive possession of same has been given by the owner,
shall permit or acquiesce in the disorderly operation of same, as
herein prohibited, and no owner of any private road, driveway, parking
lot or place over which a vehicle, snowmobile or motor vehicle is
operated, or parking area of a shopping center, or person to whom
exclusive possession of same has been demised by the owner, shall
permit or acquiesce in the disorderly operation of a vehicle, snowmobile,
or motor vehicle, as herein prohibited.
In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety, or
the general welfare. Whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted laws,
rules, regulations or ordinances, the most restrictive or that imposing
the higher standards, shall govern.
It shall be unlawful to violate any provision
of this chapter.
Penalties for violation of the provisions of
this chapter by failure to comply with any of its requirements are
as follows:
A.
Any person found to be violating any provision of
this chapter shall be served by the Town with written notice stating
the nature of the violation and providing a reasonable time limit
for the satisfactory correction thereof. The offender shall, within
the period of time stated in such notice, permanently cease all violations.
B.
Any person who fails to comply with the provisions
of this chapter shall, upon conviction, be guilty of a violation as
defined in § 10.00 of the Penal Law of the State of New
York and shall be subject to a fine not exceeding $250 for each offense
or by imprisonment not exceeding 15 days, or by both such fine and
imprisonment. The continued violation of any provision of any section
of this chapter shall constitute a separate offense for each and every
day such violation of any provision hereof shall continue.
C.
As an alternative, upon violation of this chapter,
the proper authorities of the Town, in addition to other remedies,
may institute any appropriate action or proceeding, including an injunction,
to prevent such unlawful acts.
D.
Any person violating any of the provisions of this
chapter shall become liable to the Town for any expense, loss or damage
occasioned the Town by reason of such violation, and the Town may
initiate an action in a court of competent jurisdiction to recover
such damages.
This chapter shall be enforced by the Town,
through its duly appointed representatives, as the Town Board may,
by resolution, from time to time designate.
