Article VII: Recreational Use of Certain Vehicles and Devices on Private Property

As used in this article, the following terms shall have the meanings indicated:

Any vehicle as defined in § 2281 of the Vehicle and Traffic Law of the State of New York subject to the exemptions therein stated.

MOTORCYCLE

Any vehicle defined in § 123 of the Vehicle and Traffic Law of the State of New York.

PRIVATE PROPERTY

Any parcel of real property not owned by a governmental agency or entity.

SNOWMOBILE

Any device defined in § 2221 of the Vehicle and Traffic Law of the State of New York.

SPECIALTY VEHICLE

Any device converted from any other internal-combustion-engine-powered device or vehicle for the purpose of increased power, speed, noise or alternate use.

§ 190-57.3 Prohibited acts.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

It shall be unlawful for any person to operate an all-terrain vehicle, a motorcycle, a snowmobile or a specialty vehicle on private property:

Between the hours of 9:00 p.m. and 8:00 a.m.;

Within 500 feet of any private dwelling;

In a repetitive or continuous manner that is disturbing or bothersome to other persons by reason of noise, dust, exhaust fumes or other conditions arising from the operation of such vehicle or device; or

Without a properly functioning muffler system which meets the muffler standards specified in § 2406, Subdivision 1(b), of the Vehicle and Traffic Law of the State of New York.

§ 190-57.4 Exemptions.

The following uses of any of the vehicles or devices specified in § 190-57.3 are exempt from the provisions of § 190-57.3:

The use thereof for emergency reasons of health of any person or severe weather conditions;

Property maintenance or improvements, including, but not limited to, lawn mowing and snow removal;

Direct ingress or egress to or from private property;

Maintenance or repair of such vehicle; however, such maintenance or repair shall not involve operation of the engine thereon for more than a total of 10 minutes in any sixty-minute period. This subsection shall not limit the application of the terms of Subsection F of this section;

Operation thereof by emergency responders, police officers or municipal employees in the course of their job responsibilities;

Operation thereof on the premises of a business which is permitted in the zoning district in which such business is located and such operation being necessitated by the nature of that business.

§ 190-57.5 Penalties for offenses.

Any person convicted of a violation of this article shall be liable as follows:

For a first offense, a fine of not less than $50 nor exceeding $500;

For a second violation committed within one year of the date of conviction and sentence for the first offense, a fine of not less than $100 nor exceeding $750;

For a third violation within one year of the date of conviction and sentence of the first offense, a fine of not less than $200 nor exceeding $1,000 and/or a sentence of incarceration not exceeding 15 days.

§ 190-57.6 Impoundment.

A law enforcement officer employed by the Penn Yan Police Department may impound any vehicle or device if subject to the provisions of this article if:

(1)

The operator is in violation of any provision of this article;

(2)

The vehicle or device is involved in an accident causing personal injury or property damage; or

(3)

The vehicle or device is required as evidence of infraction of any law.

The Chief of Police of the Village of Penn Yan may release such vehicle or device if deemed to have no further need of same for evidence or as part of an investigation, after payment of the impoundment fees as well as towing and storage fees.

Any vehicle or device impounded pursuant to this section shall be subject to an impoundment fee of $250 plus the actual towing and storage fees.