[HISTORY: Adopted by the Town Board of the Town of Henrietta 9-6-1978. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ordinance of the Town of Henrietta Regulating the Use of Motor-Driven Vehicles on Property of the Town of Henrietta and on Privately Owned Property Within Such Town."
It is the purpose of this chapter to preserve and promote the health, safety and general welfare of those inhabitants of the Town of Henrietta who wish to use and operate motor-driven vehicles on private property or municipal property. It is also the purpose of this chapter to prevent those inhabitants of the Town of Henrietta who wish to use and operate motor-driven vehicles from trespassing on public or private property in the Town of Henrietta, from annoying inhabitants and from creating a public nuisance.
It shall be unlawful to operate or for the owner to permit the operation of any type of motor-driven vehicle or conveyance, including but not limited to two-wheel vehicles known as minibikes, trail bikes and motorcycles and four-wheel motor vehicles known as go-carts and excepting no-wheel vehicles, such as but not limited to snowmobiles, under the following circumstances:
On private property of another person without written permission of the owner or occupant of said property. Said written permission must be in the possession of the person operating the motor-driven vehicle and must be presented upon demand to any peace officer or police officer so demanding.
On any property owned, leased or controlled by the Town of Henrietta, except on trails duly designated by the Town for the use of such vehicles at the times and in the manner so designated.
On property owned by the Town of Henrietta and on privately owned property as follows:
In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person, including the operator of said vehicle.
At a rate of speed greater than reasonable or proper under the surrounding circumstances.
While in an intoxicated condition or under the influence of alcohol, narcotics or drugs as defined by § 114-a of the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety without displaying at least one lighted headlight and taillight.
The Monroe County Sheriff's Department and any other peace or police officer shall enforce the provisions of this chapter.
This chapter shall not apply to police and emergency vehicles.
Any member of the Monroe County Sheriff's Department or any other enforcement officer who shall encounter any person operating a motor-driven vehicle or conveyance in violation of this chapter shall remove said vehicle or conveyance to a place designated by the Sheriff. The owner or duly designated agent of the owner of such vehicle or conveyance may regain the same upon payment of all expenses and charges necessarily and actually incurred by the removal and/or storage of said vehicle or conveyance.
Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined a minimum of $100 up to a maximum fine of $250 or imprisoned for not more than 15 days, or both. Each day's continued violation, after notice of violation from the Town of Henrietta, shall constitute a separate and additional violation. In the case of a second or subsequent violation, the court may order confiscation of said vehicle or conveyance in lieu of any fine and/or imprisonment. Any vehicle or conveyance which is confiscated pursuant to this section will be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities.
[Amended 6-20-2001 by L.L. No. 3-2001]
In addition, any and all persons, firms or corporations violating or permitting a violation of any of the provisions of this chapter or omitting or refusing to do any act required by this chapter shall severally, for each and every violation and noncompliance respectively, be liable for a civil penalty of $150.
[Amended 2-18-2015 by L.L. No. 1-2015]
The imposition of all penalties for any violation of this chapter shall not excuse the violation or permit it to continue. The application of the above penalties or the provisions of this chapter shall not be held to prevent the enforcement of this chapter by other action.