[Adopted 6-6-1978 by L.L. No. 6-1978]
This Part 2 shall be known and may be cited
as the "Yorktown Unregistered Vehicles Law."
The Town Board of the Town of Yorktown recognizes
the potential adverse impact on the health, safety and general welfare
of the residents of the Town of Yorktown, and to property within the
Town by the use of unregistered motor-driven vehicles, and therefore,
deems it appropriate to control the use of said vehicles.
For the purpose of this Part 2, the following
terms shall have the means indicated:
All streets, sidewalks, easements or any other areas dedicated
or commonly used for vehicular or pedestrian traffic, including any
real property situated within the Town of Yorktown which is used for
educational purposes or purposes incidental thereto.
All parks, recreation areas, ball parks, lake areas, storage
facilities, garage areas, parking areas and any and all other Town
owned land and premises.
Any type of unregistered motor-driven vehicle or conveyance,
including, but not necessarily limited to, two-wheel motor known as
"minibicycles," "trail bicycles" and "motor scooters" and four-wheel
motor vehicles commonly known as a "go-carts" or "all-terrain vehicles,"
but not including any vehicle used for agricultural landscaping or
lawn maintenance purposes.
It shall be unlawful for any person to operate
any unregistered motor-driven vehicle upon any public property or
Town-owned land in the Town of Yorktown.
The operation of an unregistered motor-driven
vehicle is prohibited upon private property unless the operator of
said unregistered motor-driven vehicle has the written consent of
the owner of said private property to operate said vehicle on said
property on said operator's person.
A.Â
No person shall cause any vehicle which is not properly
registered and which does not have properly affixed license plates
to be parked on or in any public area or any private property accessible
to the public within the Town of Yorktown (specifically, including
but not limited to all Town-owned parking lots, all Town parks, all
shopping center parking lots, all office building parking lots accessible
to the public, all store parking lots accessible to the public, and
all business parking lots accessible to the public) for a continuous
period of 96 hours. Such vehicle may be removed after 96 hours. Each
24 hours that such a vehicle remains in such parking area, lot, property
or park, beyond the initial 96 hours, shall constitute an additional,
separate and distinct offense.
[Amended 2-5-1991 by L.L. No. 9-1991]
B.Â
If said vehicle remains parked for the stated continuous
period of 96 hours, the Yorktown Police Department may have such vehicle
removed and impounded and charge the owner thereof for all expenses
of removal and storage, along with the applicable fines. If the vehicle
so removed is not redeemed, or if the applicable fines and costs of
removal are not paid within 30 days after the levy of the fines or
after notice to the owner that the vehicle has been removed is received
by the owner, whichever is sooner, the Town may undertake to sell
the vehicle at public auction.
[Amended 2-5-1991 by L.L. No. 9-1991]
C.Â
The last registered owner shall be deemed to have placed such a vehicle in the place where it is found, and, in addition to the penalties set forth under § 275-36, shall be responsible for the costs of removal and storage of such vehicle.
D.Â
This Part 2 shall be enforced by the Yorktown Police
Department.
[Added 10-4-1988 by L.L. No. 37-1988]
[Amended 11-1-1988 by L.L. No. 40-1988]
It shall be unlawful to operate any registered
or unregistered motor-driven vehicles, alone or together with other
registered or unregistered motor vehicles, in a manner so as to create
loud, unnecessary or unusual noise which disturbs or interferes with
the peace and quiet of other persons. It shall be unlawful to operate
any unregistered motor-driven vehicles between the hours of 8:00 p.m.
and 10:00 a.m.
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 the property of any person.
It shall not be unlawful for any employee of
the Town of Yorktown to operate unregistered motor-driven vehicles
for the purpose of maintaining, repairing or doing any public work
within the scope of his employment.
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 to knowingly permit such child to operate an unregistered
motor-driven vehicle in violation of the terms of this Part 2.
Whenever any child under the age of 16 years
is alleged to have violated this Part 2, 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 given such
notice. Notification by the Chief of Police or any person designated
by him shall be by registered mail, return receipt requested to the
parent, guardian or person having the care, custody or control of
the child setting forth the date, time, place and manner of the alleged
violation. In the event of an alleged second or subsequent violation
of this Part 2, proof of a prior notification as herein provided shall
constitute prima facie evidence that the parent, guardian or any person
having the care, custody or control of the child did knowingly permit
said child to operate an unregistered motor-driven vehicle in violation
of this Part 2.
Any operator or parent, as defined in § 275-34, who shall violate any of the provisions of this Part 2 shall, upon conviction thereof, be sentenced to a fine not exceeding $100. In addition, such violation shall constitute disorderly conduct and an operator violating same shall be a disorderly person.
Should any section or portion of this article
be in conflict with the laws of the State of New York applicable to
the operation, registration, ownership or control of unregistered
motor vehicles, then in that instance said laws of the State of New
York shall prevail.
