[HISTORY: Adopted by the Town Board of the Town of Southampton 11-28-1978
by Ord. No. 59. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Recreational Motor
Vehicle Control Ordinance of the Town of Southampton."
The regulation of recreational motor vehicle use within the Town of
Southampton outside incorporated areas is deemed necessary to preserve the
public peace and good order; to prevent unreasonably loud or disturbing noises
which the Town Board of the Town of Southampton determines to be detrimental
to the peace, welfare and good order of the people; and to promote the health,
safety, morals and general welfare of the community, including the protection
and preservation of the property of the Town and of its inhabitants.
In this chapter, unless the context requires otherwise, the following
terms shall have the meanings indicated:
Includes motorcycles, minibikes, trail bikes, motorbikes and other
motorized two- and three-wheeled vehicles and similar vehicles and contrivances.
[Amended 5-28-1985]
No person shall drive, operate, ride upon or suffer or permit to be
driven or operated or ridden upon any recreational motor vehicle as defined
in this chapter under any of the following circumstances:
A.
On the private property of another without the express
prior written consent of the owner and the occupant of such property. Such
consent may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator shall keep such consent
on his person and available for immediate display at all times during the
period of such operation. Such express prior written consent shall not be
deemed a consent hereunder as to any person whose name is not set forth therein.
Failure to produce such express prior written consent upon demand therefor
by any peace or police officer shall be presumptive evidence that such consent
has not been given or received. A copy of said consent shall also be filed
with the Town Clerk. No consent shall be deemed effective until said filing
is accomplished.
B.
On any public grounds or property within the Town, outside
incorporated villages.
C.
In such manner as to create loud or unnecessary noise
or so as to interfere or disturb unreasonably other persons in the quiet enjoyment
of their property. To this end, no person shall operate a recreational motor
vehicle before the hour of 9:00 a.m. or after 7:00 p.m., prevailing time,
or sunset, whichever shall first occur.
D.
In a careless, reckless or negligent manner.
Nothing herein contained shall be construed to restrict the right of
any person duly licensed under the provisions of the New York State Vehicle
and Traffic Law to operate a recreational motor vehicle, provided that the
same has been duly licensed and registered pursuant to the provisions of such
Vehicle and Traffic Law upon any public highway within the Town of Southampton
where such vehicle may be operated or parked.
Any person who shall violate the provisions of this chapter shall be
guilty of a violation punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
