[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:
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:
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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]
A.Â
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.
(1)Â
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:
(a)Â
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
(b)Â
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
(c)Â
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.
B.Â
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.
