[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-20-1983 by L.L. No. 6-1983. Amendments noted where applicable.]
Vehicles and traffic generally — See Ch. 280.
The Board of Trustees recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Village of Massena 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:
- 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.
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 Massena.
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.
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.
It shall not be unlawful for any employee of the Village of Massena to operate unlicensed motor-driven vehicles for the purpose of maintaining, repairing or doing any public work within the scope of his employment.
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 Massena.
Editor's Note: Former §§ 286-7, Responsibilities of parents or guardians, and 286-8, Notice of violation to parents or guardians, which immediately followed this section, were deleted 9-4-2001 by L.L. No. 2-2001.
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.
[Amended 9-4-2001 by L.L. No. 2-2001]
A violation of any of the provisions contained in this chapter by any operator or parent shall constitute an offense punishable by a fine of not less than $100 nor more than $250 or by imprisonment for not more than seven days for each violation, except that:
When the person was found to have violated any of the provisions of this chapter within the preceding five years, the fine may be of not less than $250 nor more than $500 or by imprisonment for not more than 15 days for each violation; and
When the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $500 nor more $1,000 or by imprisonment for not more than one year, or both.
These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this chapter.
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.