Village of South Glens Falls, NY Chapter 145 Vehicles, Unlicensed

[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 10-3-1984 by L.L. No. 9-1984.[1] Section 145-10 amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic — See Ch. 141.

Junked vehicles — See Ch. 143.

[1] Editor's Note: This local law previously appeared as Ch. 122 of the 1977 Code of the Village of South Glens Falls.

§ 145-1 Legislative intent.

The Board of Trustees recognizes the potential impact on the health, safety and general welfare of the residents of the Village of South Glens Falls and to property within the Village by the use of unlicensed motor-driven vehicles and, therefore, deems it appropriate to control the use of said vehicles.

§ 145-2 Definitions.

For the purposes 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.

UNLICENSED MOTOR-DRIVEN VEHICLE

Any type of unlicensed 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" or "all-terrain vehicles," but not including mopeds or any vehicle used for agricultural, landscaping or lawn maintenance purposes.

VILLAGE-OWNED LAND

All parks, recreation areas, ballparks, lake and river areas, storage facilities, garage areas, parking areas and any and all other village-owned land and premises.

§ 145-3 Operation on public property prohibited.

It shall be unlawful for any person to operate any unlicensed motor-driven vehicle upon any public property or village-owned land in the Village of South Glens Falls.

§ 145-4 Operation on private property restricted.

A. The operation of an unlicensed motor-driven vehicle is prohibited upon private property unless the operator of said unlicensed motor-driven vehicle has the express permission of the owner of said private property to operate said vehicle on said property.

B. Any driver or operator of an unlicensed motor-driven vehicle who enters or remains upon private property which is either fenced or otherwise enclosed in a manner designed to exclude intruders or where notice against trespassers is given by posting in a conspicuous manner or where notice against trespassing has been personally communicated to such person by the owner of such land or other authorized person shall be presumed to be operating without the permission of the owner of said property.

§ 145-5 Careless or negligent operation prohibited.

It shall be unlawful to operate any unlicensed motor-driven vehicle in a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any person.

§ 145-6 Exceptions.

A. It shall not be unlawful for any employee of the Village of South Glens Falls to operate unlicensed motor-driven vehicles for the purpose of maintaining, repairing or doing any public work within the scope of his employment.

B. Nothing herein shall prohibit the use or operation of unlicensed motor-driven vehicles on premises duly approved for such use by the appropriate officials or municipal regulatory bodies of the Village of South Glens Falls.

§ 145-7 Responsibility of parent or guardian.

It shall be unlawful 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 unlicensed motor-driven vehicle in violation of the terms of this chapter.

§ 145-8 Notice of violation to parent or guardian.

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 by the Chief of Police or any person designated by him to give such notice.

§ 145-9 Impoundment of vehicles.

The police shall immediately impound any unlicensed motor-driven vehicle operated in violation of this chapter. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon direction of the court.

§ 145-10 Penalties for offenses. [1]

Any operator or parent, as defined in § 145-8, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days, or both.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 145-11 Conflicts with state laws.

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 unlicensed motor vehicles, then, in that instance, said laws of the State of New York shall prevail.