Town of North Hempstead, NY Chapter 37 Mechanical Bucking Devices

[HISTORY: Adopted by the North Hempstead Town Board 8-25-1981 as L.L. No. 6, 1981. Amendments noted where applicable.]

§ 37-1 Legislative intent.

It is the duty of the Town Board of the Town of North Hempstead to protect and preserve the health, safety and welfare of the residents of the town. In furtherance of that duty, the Town Board has investigated and found that the use of mechanical bucking devices, commonly referred to as mechanical bulls, has caused and is capable of causing severe personal injury to the user thereof. The Town Board hereby declares that it is the intent of this chapter to protect the residents of the Town of North Hempstead from the dangers inherent in the use of mechanical bucking devices.

§ 37-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MECHANICAL BUCKING DEVICE

Any mechanically operated machine, apparatus, contrivance or device, the design or purpose of which is to simulate or copy the movement of a steer, bull or other animal, whether or not the same has been constructed in the shape, form and likeness of a steer, bull or other animal, upon which a person or persons is seated as a rider or riders and which machine, apparatus, contrivance or device is operated or operates in a vibrating, pulsating, jerking, bucking or similar fashion in order to or in an attempt to dislodge, unseat or expel the rider or riders.

PERSON

Any individual, partnership, association or corporation that is an owner, landlord, lessee, tenant, occupant, operator or an executor, administrator, trustee or other legal representative of an owner, landlord, lessee, tenant, occupant or operator of any public place as defined herein.

PUBLIC PLACE

Any place available to or used by the general public, whether or not an admission fee is charged, including but not limited to restaurants, discotheques, cabarets, bars, social clubs, amusement parks, penny arcades, game rooms and other similar establishments.

§ 37-3 Mechanical bucking devices prohibited.

No mechanical bucking device shall be installed, operated or used in any public place, whether or not a fee is charged for the operation or use thereof.

§ 37-4 Penalties for offenses.

Every person violating § 37-3 of this chapter shall be guilty of a violation and shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day's continued violation shall be deemed to constitute a separate violation.

§ 37-5 Severability.

Should any section, paragraph, sentence, clause or phrase in this chapter be declared unconstitutional or invalid for any reason, the remainder of the chapter shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this chapter are declared to be severable.