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:
EXCESSIVE NOISE
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]
EXHAUST SYSTEM
A series of mechanical devices for the purpose of receiving
exhaust gas from an internal combustion engine and expelling it into
the atmosphere.
MOTOR-DRIVEN VEHICLES
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.
PUBLIC-OWNED LAND
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.
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.
[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.
D. Anyone found to be in violation of these provisions shall be subject to revocation of both the license and the special use permit issued in accordance with the provisions in §
500-34, Motorized recreational vehicle outdoor off-road track standards, of the Code of the Town of Chili as follows:
(1) Upon either entering a plea of guilty or after being
found guilty after trial, the license will be deemed revoked in addition
to other penalties provided for by law.
(2) The special use permit may be revoked in the manner
provided for in § 500-32E.