Town of Chili, NY
Monroe County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Noise — See Ch. 352.
Parks and recreation areas — See Ch. 362.
Vehicles and traffic — See Ch. 465.
Zoning restrictions for off-road tracks — See Ch. 500, § 500-34.

§ 472-1 Purpose.

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.

§ 472-2 Title.

This chapter shall hereafter be known and cited as the "Town of Chili Motor-Driven Vehicle Local Laws of 1999."

§ 472-3 Definitions.

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.
[1]
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.
[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.

§ 472-4 Operation on private lands.

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]

§ 472-5 Operation on public-owned land prohibited.

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.

§ 472-6 Prevention of noise.

[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.

§ 472-7 Reckless operation.

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.

§ 472-8 Exceptions.

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]

§ 472-9 Enforcement.

[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.

§ 472-10 Responsibility of parent or guardian.

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.

§ 472-11 Penalties for offenses.

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 or to imprisonment not to exceed 15 days, or to both fine and imprisonment. In the case of a second or subsequent violation, the court may order confiscation of said motor-driven vehicle in lieu of any fine and/or imprisonment. 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.
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.

§ 472-12 Licensing requirement for operation of motorized recreational vehicle off road.

[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.