[HISTORY: Adopted by the Town Board of the
Town of Southeast 6-16-1988 by L.L. No. 5-1988. Amendments noted where
applicable.]
The regulation of recreational vehicle use within
the Town of Southeast 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 Southeast 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:
Snowmobiles, motorcycles, minibikes, trail bikes, motorbikes,
all-terrain vehicles and other motorized two- and three-wheeled vehicles
and similar vehicles and contrivances designed for operation primarily
on off-highway trails.
No person shall drive, operate or ride upon,
or suffer or permit to be driven or operated or ridden upon, any recreational
motor vehicle as defined in this chapter within the corporate limits
of the Town of Southeast under any of the following circumstances:
A.
On the private property of another without the express
prior written consent of the owner and the legal occupant of the 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 consent hereunder as to
any person whose name is not set forth therein. The grantor of such
consent shall also provide a copy of such written consent, or any
subsequent revocation of such consent, to the office of the Town of
Southeast Building Department. Failure to produce such express prior
written consent upon demand therefor by any police officer or Town
Code Enforcement Officer shall be presumptive evidence that such consent
has not been given or received.
[Amended 3-21-2013 by L.L. No. 5-2013]
B.
On any public grounds or property within the Town.
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.
E.
On private property within 100 feet of property owned
by another.
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 Southeast 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.
