[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:
A.
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.
B.
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.
C.
On property owned by the Town of Henrietta and on
privately owned property as follows:
(1)
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.
(2)
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.
(3)
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(4)
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.
(5)
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.
A.
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.
B.
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $100, up to a maximum amount of $250. 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 where both violations
have occurred within 365 days, the court may order confiscation of
said vehicle or conveyance in lieu of any fine. 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; 9-27-2023 by L.L. No. 9-2023]
C.
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]
D.
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.
