[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.]
[1]
Editor's Note: This local law previously appeared as Ch. 122
of the 1977 Code of the Village of South Glens Falls.
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.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
All streets, sidewalks, easements or any other areas dedicated or
commonly used for vehicular or pedestrian traffic.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.