[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.]
GENERAL REFERENCES
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:
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 Massena.
A.Â
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.Â
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.Â
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.
B.Â
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.[1]
[1]
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.Â
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:
(1)Â
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
(2)Â
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.
B.Â
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.
