[HISTORY: Adopted by the Town Board of the
Town of Chili 12-1-1999 by L.L. No. 4-1999 (Ch. 111 of the 1980
Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility by regulating
the operation of certain motor-driven vehicles within the Town of
Chili.
This chapter shall hereafter be known and cited
as the "Town of Chili Motor-Driven Vehicle Local Laws of 1999."
As used in this chapter, the following terms
shall have the meanings indicated:
Sound which is annoying or causes alarm, with a noise level in excess of the noise levels described in Chapter 352, Noise, of the Code of the Town of Chili.
[Amended 12-3-2008 by L.L. No. 4-2008]
A series of mechanical devices for the purpose of receiving
exhaust gas from an internal combustion engine and expelling it into
the atmosphere.
Every device in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails.
This definition shall include but not be limited to: trucks, buses,
automobiles, vans, motorcycles, motor scooters, (dune buggies, snowmobiles,
all-terrain vehicles, go-carts, minibikes, trail bikes and all other
types of motorized recreational vehicles. This shall include all such
motor-driven vehicles whether or not fully licensed or registered.
[1]All parks, recreation areas, ballparks, storage facilities,
garage areas, water reservoir sites and any and all other public-owned
land and premises of the Town of Chili, but not streets, sidewalks,
easements or any other areas which are designated by the Town for
vehicular traffic and used in the manner so designated.
[1]
Editor's Note: The original definition of
"muffler," which immediately followed this definition, was deleted
12-3-2008 by L.L. No. 4-2008.
A.
It shall be unlawful for any person to drive or operate
any motor-driven vehicle on private lands, except for normal ingress
and egress by duly licensed motor-driven vehicles and operators entering
or exiting the public highway from private driveways, within the Town
of Chili within 500 feet of any dwelling or dwelling house between
the hours of 1/2 hour after sunset and 7:00 a.m., prevailing local
time.
[Amended 12-3-2008 by L.L. No. 4-2008]
B.
The operation of said motor-driven vehicles is additionally
prohibited upon private property, unless the operator of said motor-driven
vehicle has written permission to operate said vehicle on said private
property by the owner or tenant of said property. Said written permission
shall be in the possession of the person operating the motor-driven
vehicle and must be presented upon demand to any enforcement officer
so demanding.
C.
It shall be unlawful for any person to drive or operate
any motor-driven vehicle on private property containing an off-road
outdoor track without a special use permit from the Planning Board.
[Added 7-31-2002 by L.L. No. 2-2002]
It shall be unlawful for any person to operate
any motor-driven vehicle upon any public-owned land of the Town of
Chili, New York.
[Amended 12-3-2008 by L.L. No. 4-2008]
Noise shall be regulated as provided in Chapter 352, Noise, of the Code of the Town of Chili.
It shall be unlawful to operate any motor-driven
vehicle on public-owned lands or private property in a manner which
unreasonably interferes with the use of said lands or property or
unreasonably endangers other users of said lands or property in one
or more of the following ways:
A.
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.
B.
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
C.
While in an intoxicated condition or under the influence
of narcotics or drugs as defined by § 1192 of the Vehicle
and Traffic Law.
D.
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight.
This chapter shall not apply to:
A.
Farm vehicles used during the course of farming operations.
B.
Police, emergency or other governmental vehicles.
C.
Construction vehicles employed in lawful construction
activities.
D.
Landscaping equipment, including lawnmowers, and snowthrowers,
except that noise restrictions shall be as regulated elsewhere in
the Code of the Town of Chili.
[Added 6-21-2000 by L.L. No. 4-2000;
amended 12-3-2008 by L.L. No. 4-2008]
E.
Golf carts and battery-powered vehicles designed for
children.
[Added 6-21-2000 by L.L. No. 4-2000]
F.
Wheelchairs and other vehicles serving a medical function.
[Added 6-21-2000 by L.L. No. 4-2000]
[Amended 12-3-2008 by L.L. No. 4-2008]
The Monroe County Sheriff's Department, New
York State Police and other police officers shall enforce the provisions
of this chapter.
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-driven
vehicle in violation of the terms of this chapter.
A.
Any person, firm or corporation violating or permitting
the violation of any provision of this chapter shall be guilty of
a violation and shall be subject to a fine of not less than $25 nor
more than $250. In the case of a second or subsequent violation, the
court may order confiscation of said motor-driven vehicle in lieu
of any fine. Any motor-driven vehicle 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 6-14-2023 by L.L. No. 2-2023]
B.
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 $100. 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.
[Added 7-31-2002 by L.L. No. 2-2002]
A.
Once the Planning Board has approved an application
for a special use permit to operate an off-road outdoor track, the
applicant shall be entitled to a motorized recreational vehicle license
which shall be issued by the Town Clerk for a period of one year at
a cost to be determined by the Town Board, as part of the Town Fee
Schedule. At the end of each calendar year, the Town Clerk shall not
issue said license until proof has been provided that the Town Planning
Board has granted a special use permit and site plan approval. The
license shall be issued to any resident of the property specified
on the application and is valid only for the use of an approved outdoor
off-road track by the Planning Board.
B.
No more than two licensed operators shall be allowed
to operate on the same residential property at the same time. Only
those who carry the license on their person may operate the motorized
vehicle.
C.
Appearance tickets may be issued by anyone authorized
under the provisions of the Town Code. Tickets shall be issued to
either the illegal operator or the property owner who harbors same.
