[HISTORY: Adopted by the Board of Trustees of the Village
of Waverly 7-12-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
It is the purpose of this chapter to preserve and promote the
health, safety and general welfare of those inhabitants of the Village
of Waverly who wish to use and operate motorized recreation vehicles
on private property or municipal property. It is also the purpose
of this chapter to prevent those inhabitants of the Village of Waverly
who wish to use and operate motor-driven vehicles from trespassing
on public or private property in the Village of Waverly, from annoying
inhabitants and from creating a public nuisance.
It shall be unlawful to operate or for the owner or lessee of
any property to permit the operation on any private property or public
property in the Village of Waverly, of any type of motorized recreation
vehicle or conveyance, including but not limited to two-wheeled vehicles
known as minibikes,''trail bikes," "dirt bikes" and unlicensed
motorcycles and four-wheeled motor vehicles known as "go-carts," "all
terrain vehicles (four- or three-wheeled)," snowmobiles and limited-use
vehicles as defined in Article 1 of the Vehicle and Traffic Law, except
under the following circumstances or uses:
A.Â
The use of an above described recreation vehicle for the purpose
of maintaining a property, such as for snow removal or lawn maintenance
and landscaping.
B.Â
The use of an above described motor vehicle in an emergency.
C.Â
The use of a motorized recreation vehicle for the limited purpose
of loading or unloading onto or off of a trailer or other vehicle.
The Waverly Police Department, through the Chief of Police of
the Village of Waverly, any other police officer or any other peace
officer, shall enforce this chapter.
This chapter shall not apply to police and emergency vehicles.
Any member of the Waverly Police Department 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 Chief of Police. 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.
A.Â
Every person violating any provisions of this chapter shall be guilty
of a violation upon conviction thereof, and shall be subject to a
fine not to exceed $50 for the first offense, and not more than $250
for each offense thereafter.
B.Â
Any person having been found guilty of a violation of this law shall
be subject to the court ordering that upon conviction that the vehicle
or conveyance used in the commission of the offense be impounded for
a period of 30 days after a first conviction and for a period of 60
days after a second and each subsequent conviction.
C.Â
In addition to any other remedies or penalties that may be imposed,
a violation of this chapter shall entitle the Board of Trustees to
undertake a remedy to repair any damage to public property caused
by the violation of any section or provision of this chapter, and
the actual disbursements and expenses therefor, shall be added to
the fine(s) set forth in this chapter. This provision shall be in
addition to any other provisions, penalties or powers available to
the Village for enforcement of this chapter.
A.Â
It is a violation for any person to do any act prohibited by or fail
to perform any act required by this chapter.
B.Â
It shall be unlawful and a violation of this chapter for a parent,
as defined herein, having legal custody of a minor, knowingly to permit
or by inefficient control to allow such minor or such child or ward
to violate any of the provisions of this chapter. The term "knowingly"
includes knowledge which a parent should reasonably be expected to
have concerning the location or whereabouts of a minor in that parent's
legal custody. It is intended to continue to keep neglectful or careless
parents or guardians up to a reasonable community standard of parental
or guardian responsibility through an objective test. It shall be
no defense that a parent or guardian was completely indifferent to
the activities or conduct or whereabouts of such minor.
C.Â
Any police officer or peace officer who issues an appearance ticket
and/or other accusatory instrument to any person alleged to be in
violation of this chapter shall be authorized to confiscate such recreational
vehicle as evidence pending prosecution hereunder.
D.Â
If a motorized recreation vehicle as defined in this chapter has
been confiscated by a peace officer or police officer as set forth
herein, the owner or parent of a minor child thereof may demand a
hearing for the return of such recreational vehicle by making a written
application to the Village court, provided such written application
is made within five days of the date such recreation vehicle is confiscated.
The court shall hold such hearing within five business days of the
date it receives the request thereof. The court can authorize the
retention of the recreational vehicle if it finds, by a preponderance
of the evidence, the following:
