[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 6-5-1979 by L.L. No. 13-1979 (Ch. 41 of the 1968 Compilation). Amendments noted where applicable.]
The regulation of recreational motor vehicle use within the Village of Sag Harbor is deemed necessary to preserve the public peace and good order; to prevent unreasonable loud or disturbing noises which the Village Board of the Village of Sag Harbor determines to be detrimental to the peace, welfare and good order of the people; and to promote the health, safety, morals and general welfare of the community including the protection and preservation of the property of the Village and of its inhabitants.
As used in this chapter, the following terms shall have the meanings indicated:
- RECREATIONAL MOTOR VEHICLE
- Includes but is not expressly limited to minibikes, motor scooters, motorcycles, trial bikes, motorbikes, go-carts, dune buggies and any other motorized two-, three- and four-wheeled vehicles and similar vehicles and contrivances that are normally used on land for recreation, entertainment or pleasure.
It shall be unlawful for any person to operate or permit and suffer to be operated a recreational motor vehicle, as defined in § 269-2, within the Village of Sag Harbor under any of the following circumstances:
On the private property of another without the express written consent of the owner and the occupant of said property. Such consent may be revoked at any time by the grantor thereof. Where such express prior written consent has been obtained, the operator or person at the site responsible for such operation shall keep said consent on his person and available for immediate display at all times during the period of such operation. Such express prior written consent shall not be deemed a consent hereunder as to any person whose name is not set forth therein. Failure to produce such express prior written consent upon demand therefor by any peace or police officer shall be presumptive evidence that such consent has not been given or received.
On any public grounds or property, including Village-owned land, which shall include but not be limited to parks; ball parks; recreation areas; beaches; Village-owned streets, easements and sidewalks or areas dedicated to or commonly used for vehicular or pedestrian traffic; Village storage facilities; garage areas; and Board of Education lands, unless specifically designated, set aside and reserved therefor by resolution of the Village Board.
In such manner as to create loud or unnecessary noise so as to unnecessarily disturb or interfere with persons in the peaceful and quiet enjoyment of their property. To this end, no person shall operate a recreational motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m. prevailing time or sunset, whichever shall first occur.
In a careless, reckless or negligent manner so as to endanger the safety or property of another person.
Nothing herein contained shall be construed to restrict the right of any person duly licensed under the provisions of the New York State Vehicle and Traffic Law to operate a recreational motor vehicle, provided that same has been duly licensed and registered pursuant to the provisions of such Vehicle and Traffic Law, upon any public highway within the Village of Sag Harbor where such vehicles may be operated or parked.
[Amended 8-8-2017 by L.L. No. 11-2017]
All persons, firms or corporations in violation of § 269-3B of this Chapter 269 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
Any person, firm or corporation violating any other provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.