[Adopted 5-11-1978 by L.L No. 2-1978]
[Amended 11-5-2009 by L.L. No. 3-2009]
This article shall be known and may be cited as "Article V, Regulation of Vehicles on Public and Private Property."
It is the purpose of this article to preserve and promote the health, safety and general welfare of those inhabitants of the Town of Webster who wish to use and operate motor-driven vehicles on private property or municipal property. It is also the purpose of this Article to prevent those inhabitants of the Town of Webster who wish to use and operate motor-driven vehicles from trespassing on public or private property in the Town of Webster, from annoying inhabitants and from creating a public nuisance.
It shall be unlawful to operate or for the owner to permit the operation of any type of motor-driven vehicle or conveyance, including but not limited to two-wheeled vehicles known as "minibikes," "trailbikes" and "motorcycles" and four-wheeled motor vehicles known as "go-carts," and except no-wheeled vehicles, such as but not limited to snowmobiles and limited-use vehicles as defined in Article 1 of the Vehicle and Traffic Law, under the following circumstances:
On the private property of another person without the written permission of the owner or occupant of said property. Said written permission must be in the possession of the person operating the motor-driven vehicle and must be presented upon demand to any peace officer or police officer so demanding.
On any property owned, leased or controlled by the Town of Webster, except on trails duly designated by the Town for the use of such vehicles at the times and in the manner so designated.
On property owned by the Town of Webster and on privately owned property as follows:
In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety and property of any person, including the operator of said vehicle.
At a rate of speed greater than reasonable or proper under the surrounding circumstances.
While in an intoxicated condition or under the influence of narcotics or drugs as defined by § 1192 of the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety, without displaying at least one lighted headlight and taillight.
The Webster Police Department through the Chief of Police of the Town of Webster, any other police officer and any other peace officer shall enforce the provisions of this article.
This Article shall not apply to police and emergency vehicles.
Any member of the Webster Police Department or any other enforcement officer who shall encounter any person operating a motor-driven vehicle or conveyance in violation of this Article shall remove said vehicle or conveyance to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such vehicle or conveyance may regain the same upon payment of all expenses and charges necessarily and actually incurred by the removal and/or storage of said vehicle or conveyance.
[Amended 2-10-1983 by L.L. No. 1-1983]
Any person, firm or corporation violating or permitting the violation of any provision of this article shall be guilty of a violation and shall be subject to a fine of not less than $10 or more than $100 or to imprisonment of not more than 15 days, or both such fine and imprisonment.
In the case of a second or subsequent violation the court may order confiscation of said vehicle or conveyance in lieu of any fine and/or imprisonment. Any vehicle or conveyance 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.
In the case of a third or subsequent violation any person, firm or corporation violating or permitting the violation of any of such provisions of this Article shall be guilty of a misdemeanor and shall be subject to a fine of not less than $10 or more than $250 or to imprisonment of not more than one year, or both such fine and imprisonment.
In addition, any and all persons, firms or corporations violating or permitting a violation of any of the provisions of this Article or omitting or refusing to do any act required by this Article, shall severally, for each and every violation and noncompliance respectively, be liable for a civil penalty of $50. The imposition of all penalties for any violation of this Article shall not excuse the violation or permit it to continue. The application of the above penalties or the provisions of this Article shall not be held to prevent the enforcement of this Article by other action.