The Town Board recognizes the potential adverse consequences
to persons and property within the Town of Poestenkill attributable
to the use of unregistered motor-driven vehicles and, therefore, deems
it appropriate to control the use of said vehicles. Accordingly, the
purpose and intent of this chapter is to preserve and protect the
public health, welfare, safety, peace and tranquility by controlling
the use of said vehicles within the Town of Poestenkill.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
PUBLIC PROPERTY
All streets, sidewalks, easements or any other areas dedicated
or commonly used for vehicular or pedestrian traffic.
TOWN-OWNED LAND
All parks, recreation areas, ballparks, lake and river areas,
storage facilities, garage areas, parking areas and any and all other
Town-owned land and premises.
UNREGISTERED MOTOR-DRIVEN VEHICLE
Any type of unregistered motor-driven vehicle or conveyance,
including but not necessarily limited to snowmobiles, two-wheeled
motor vehicles known as "trail bikes" and "motor scooters" and four-wheeled
or three-wheeled motor vehicles commonly known as "go-carts," "all-terrain
vehicles" or "off-road recreational vehicles," but not including mopeds
or any vehicle used for agricultural, landscaping or lawn maintenance
purposes when used for that purpose. A motor-driven vehicle shall
be considered unregistered unless such vehicle possesses a valid New
York State registration and possesses the minimum liability insurance
required for operation under New York State Law.
It shall be unlawful for any person to operate any unregistered or uninsured motor-driven vehicle upon any public property or Town-owned land in the Town of Poestenkill, except as provided in §
215-7 hereof.
It shall be unlawful to operate any unregistered motor-driven
vehicle in a careless, reckless or negligent manner so as to endanger
the safety of any person or property within the Town of Poestenkill.
It shall be unlawful and a violation of this chapter for the
parent, guardian or any person having the care, custody and control
of any child under the age of 16 years knowingly to permit such child
to operate an unregistered motor-driven vehicle in violation of the
terms of this chapter.
Whenever any child under the age of 16 years is alleged to have
violated this chapter, his parent, guardian or any person having the
care, custody or control of the child shall be notified.
The police shall immediately impound any unregistered motor-driven
vehicle operated in violation of this chapter. The unregistered motor-driven
vehicle shall be returned upon payment of the fine or upon direction
of the court.
Any operator or parent, as defined in §
215-8, who shall violate any of the provisions of this chapter, except for a violation solely of §
215-5 hereof, shall, upon conviction thereof, be sentenced to a fine as follows:
A. For a first conviction, a fine of not less than $50 nor more than
$250.
B. For a second such conviction within 18 months thereafter, a fine
of not less than $100 nor more than $250.
C. Upon a third or subsequent conviction within a span of 18 months,
a mandatory fine of $250.
In addition to the penalties provided for herein, if the operation
of an unregistered motor-driven vehicle in violation of this chapter
results in damage to or destruction of real or personal property owned
or maintained by another, the operator and, if such operator is an
infant, his parent or legal guardian shall be liable for such damage
or destruction, either in restitution ordered in conjunction with
a conviction of a violation of this chapter or in a separate civil
action brought in any court of competent jurisdiction. The foregoing
notwithstanding, the liability of a parent or guardian as provided
in this section shall be governed and limited by the provisions of
§ 3-112 of the General Obligations Law of the State of New
York now in effect, and any subsequent amendments thereto. Such statutory
responsibility shall not operate to deprive any person damaged or
aggrieved by conduct constituting a violation of this chapter of any
other remedy or recourse such person might have in law or in equity.
It is intended that this chapter and the penalties provided
for herein be additional to and not in lieu of any other penalty,
sanction or obligation, whether of a civil or criminal nature, provided
by the laws of the State of New York. The foregoing notwithstanding,
should any section or portion of this chapter be in conflict with
the laws of the State of New York applicable to the operation, registration,
ownership or control of unregistered motor-driven vehicles, then,
in such instance, such laws of the State of New York shall prevail.