[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 11-20-1974 by L.L. No. 3-1974 (Ch. 82 of the 1975 Code). Amendments noted where applicable.]
The following words and phrases when used in this chapter shall, for purposes of this chapter, have the meanings indicated:
- DUNE BUGGY
- Every four-wheel motor vehicle designed specifically for all-terrain operation, exclusive of snowmobiles.
- Every four-wheel motor vehicle, with a motor which produces not more than 50 horsepower, designed for use as a miniature racing car.
- Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
- MOTOR-DRIVEN CYCLE
- Every motorcycle, including every motor scooter, with a motor which produces not more than five horsepower, and every bicycle with a motor attached.
- MOTOR VEHICLE
- Every vehicle which is propelled by any power other than muscular power.
Within the Town of Mamaroneck, no dune buggy, go-cart, motorcycle or motor-driven cycle shall be operated:
On any private property, including privately owned driveways and sidewalks, without the permission of an owner of such property.
On private property in a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any person.
Except by or under the supervision of an employee of the Town of Mamaroneck, Union Free School District No. 1 or other state or local government or authority in the course of his employment on any Town or publicly owned land, including any park, recreation area, school ground, ballpark, storage facility, garage area or sidewalk, which is not a portion of a public highway or any other public way.
If a motor vehicle is operated in violation of § 226-2 of this chapter, any police officer shall, upon the written complaint of any resident of the Town or upon said police officer witnessing such violation, impound the particular motor vehicle involved in such violation and store the same with the Police Department.
[Amended 7-17-1996 by L.L. No. 14-1996]
If the Town impounds a motor vehicle pursuant to this chapter, the owner may redeem the same from the Police Department upon the payment of the fine, plus the storage fee for each day or fraction thereof that the vehicle is stored by the Police Department, which are as set forth in § A250-1. The fine and storage fee shall become the property of the Town 30 days after the payment of the same unless, before such time, the owner of said vehicle makes an application to the Town Court requesting a hearing concerning said violation. If, after said hearing, the Town Court decides said vehicle was used in violation of this chapter, the fine and storage fee shall become Town property. If the Town Court finds that said motor vehicle was not used in violation of this chapter, said fine and storage fee shall be returned to the owner of said motor vehicle.
[Amended 8-17-2011 by L.L. No. 8-2011]
If an impounded motor vehicle is not redeemed within 60 days from the time it is impounded, the Police Department shall mail a notice to the owner thereof by certified mail, return receipt requested, advising him that the Town, after 30 days from the date of said notice, shall sell said motor vehicle at public auction and retain that portion of the proceeds therefrom needed for the payment of the aforementioned fine and storage fee. Any surplus moneys remaining after the payment of said fine and storage fee shall be returned to the former owner of said motor vehicle.
It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of 16 years to permit such child to operate a motor vehicle in violation of this chapter.
Should any section or portion of this chapter be in conflict with the laws of the State of New York, then, in that instance, said laws of the State of New York shall prevail.
[Amended 7-17-1996 by L.L. No. 14-1996]
Any child, operator or parent who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250 or to imprisonment for any term not exceeding 15 days, or both.