[HISTORY: Adopted by the Town Board of the Town of Sullivan 6-5-1985 by L.L. No. 6-1985. Amendments noted where applicable.]
Snowmobiles — See Ch. 213.
It is the purpose of this chapter to promote the public health, safety, and general welfare, and to protect the public by control over the disorderly operation of vehicles, snowmobiles and motor vehicles. The provisions of this chapter are designed:
To protect human life and health;
To prevent conditions that destroy the aesthetic qualities of the Town;
To prevent conditions which tend to depreciate not only the property on which such conditions are located, but also the property of other persons in the neighborhood and Town generally; and
To prevent conditions that cause the Town to be less safe and less pleasant a place in which to live and to do business.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and in the Vehicle and Traffic Law of the State of New York so as to give this chapter its most reasonable application.
- LIMITED USE VEHICLE
- A motor vehicle as is defined in the Vehicle and Traffic Law of the State of New York at § 121-C.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except:
- Any individual, firm, company, association, society, corporation or group having title to real or personal property.
- PARKING AREA OF A SHOPPING CENTER
- An area or areas of private property totaling at least one acre, near or contiguous to and provided in connection with premises having one or more stores or business establishments, and used by the public as a means of access to and egress from such stores and business establishments and for the free parking of motor vehicles of customers and patrons of such stores and business establishments.
- Any individual, firm, company, association, society, corporation or group.
- PRIVATE ROAD
- Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
- PUBLIC HIGHWAY
- Any highway, road, street, avenue, alley, public place, public driveway or any other public way.
- Is mandatory, "may" is permissive.
- Any self-propelled vehicle designed for travel on snow or ice, steered by skis on runner and supported in whole or in part by one or more skis, belts or cleats.
- SPECIALTY MOTOR VEHICLE
- A motor vehicle, the principal use for which is dictated by a purpose other than transportation of people, such as racing motor vehicles.
- The Town of Sullivan, New York.
- TOWN BOARD
- The duly elected Town Board of the Town of Sullivan or their authorized deputy, agent or representative.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
Any term not hereinabove defined shall have the same meaning as it is defined in any other local law of the Town.
This chapter shall apply to all areas within the jurisdiction of the Town of Sullivan, outside the Village of Chittenango.
No person shall operate a vehicle, snowmobile, or motor vehicle, including a limited use vehicle and specialty motor vehicle, upon any public highway, or upon any private road, or upon any driveway, parking lot or place over which a vehicle, snowmobile or motor vehicle is operated, public or private, or upon a parking area of a shopping center, in such a manner as to cause or create a disturbance, or to cause alarm or fear for the safety of person or property, or to disturb the peace and quiet of any person or persons in the Town.
No owner of a vehicle, snowmobile or motor vehicle, including a limited use vehicle and specialty motor vehicle, or person to whom exclusive possession of same has been given by the owner, shall permit or acquiesce in the disorderly operation of same, as herein prohibited, and no owner of any private road, driveway, parking lot or place over which a vehicle, snowmobile or motor vehicle is operated, or parking area of a shopping center, or person to whom exclusive possession of same has been demised by the owner, shall permit or acquiesce in the disorderly operation of a vehicle, snowmobile, or motor vehicle, as herein prohibited.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, or the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted laws, rules, regulations or ordinances, the most restrictive or that imposing the higher standards, shall govern.
It shall be unlawful to violate any provision of this chapter.
Penalties for violation of the provisions of this chapter by failure to comply with any of its requirements are as follows:
Any person found to be violating any provision of this chapter shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who fails to comply with the provisions of this chapter shall, upon conviction, be guilty of a violation as defined in § 10.00 of the Penal Law of the State of New York and shall be subject to a fine not exceeding $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continued violation of any provision of any section of this chapter shall constitute a separate offense for each and every day such violation of any provision hereof shall continue.
As an alternative, upon violation of this chapter, the proper authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding, including an injunction, to prevent such unlawful acts.
Any person violating any of the provisions of this chapter shall become liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation, and the Town may initiate an action in a court of competent jurisdiction to recover such damages.
This chapter shall be enforced by the Town, through its duly appointed representatives, as the Town Board may, by resolution, from time to time designate.