[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-4-1979
as L.L. No. 1-1979. Amendments noted where applicable.]
This chapter shall be known and may be cited as "Local Law No. 1-1979,"
regulating the use of motor-driven vehicles on property of the Town of Irondequoit
and on privately owned property.
It is the intent of this chapter to preserve and promote the health,
safety and general welfare of any persons who wish to use and operate motor-driven
vehicles on private property or municipal property. It is also the purpose
of this chapter to prevent any person who wishes to use and operate motor-driven
vehicles from trespassing on public or private property in the Town of Irondequoit,
from annoying inhabitants and from creating a public nuisance.
This chapter shall not apply to police and emergency vehicles.
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-wheel vehicles known as "minibikes," "trail bikes," "mopeds," "motorcycles,"
four-wheel motor vehicles known as "go-carts" or snowmobiles under the following
circumstances:
A.
On private property of another person without written
permission of the owner or occupant of said property. Said permission must
be in the possession of the person operating the motor-driven vehicles and
must be presented upon demand to any peace officer or police officer so demanding.
B.
Any property owned, leased or controlled by the Town
of Irondequoit, except on trails duly designated by the town for the use of
such vehicles at the times and in the manner so designated.
C.
On property owned by the Town of Irondequoit and on privately
owned property, as follows:
(1)
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.
(2)
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.
(3)
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(4)
While in an intoxicated condition or under the influence
of narcotics or drugs as defined by § 1194 of the Vehicle and Traffic
Law, as amended or changed.
(5)
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight.
The Irondequoit Police Department, through the Chief of Police of the
Town of Irondequoit, any other police officer and any other peace officer,
shall enforce the provisions of this chapter.
Any member of the Irondequoit Police Department or any other enforcement
officer who shall encounter any person operating a motor-driven vehicle or
conveyance in violation of this chapter 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.
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 $50.
C.
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.
