[HISTORY: Adopted by the Town Board of the
Town of Greece 4-5-1977 by L.L. No. 1-1977. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as "Local Law No. 1 of the Year 1977 Regulating the Use of Motor-Driven
Vehicles on Property of the Town of Greece and on Privately Owned
Property."
It is the purpose of this chapter to preserve
and promote the health, safety and general welfare of those inhabitants
of the Town of Greece 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 those inhabitants of the Town of Greece
who wish to use and operate motor-driven vehicles from trespassing
on public or private property in the Town of Greece, from annoying
inhabitants and from creating a public nuisance.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No. 1-2009]
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,"
"trail bikes" and "motorcycles" and four-wheeled motor vehicles known
as "go-carts," or all-terrain vehicles (ATVs), under the following
circumstances:
A.Â
On private property of another person without written
permission of the owner or occupant of said property. The written
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.Â
On any property owned, leased or controlled by the
Town of Greece, except on trails duly designated by the Town for the
use of such vehicles at the times and in the manner so designated.
C.Â
On property owned by the Town of Greece and on privately
owned property as follows:
(1)Â
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)Â
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)Â
At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(4)Â
While in an intoxicated condition or under the influence
of narcotics or drugs as defined by § 1194 of the Vehicle
and Traffic Law.
(5)Â
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No. 1-2009]
The Greece Department of Public Safety, through
the Director of Public Safety or the Chief of Police of the Town of
Greece, any other police officer and any other peace officer, shall
enforce the provisions of this chapter.
This chapter shall not apply to police and emergency
vehicles.
[Amended 3-17-1992 by L.L. No. 1-1992; 4-21-2009 by L.L. No. 1-2009]
Any member of the Greece Department of Public
Safety or any other enforcement officer who shall encounter any person
operating a motor-driven vehicle or conveyance in violation of this
chapter, or if the vehicle is operated by an individual under 16 years
of age, or the police officer is unable to determine the owner of
the vehicle or notify the owner of the vehicle, shall remove said
vehicle or conveyance to a place designated by the Director of Public
Safety or his designee. The owner or duly designated agent of the
owner of such vehicle or conveyance may regain the same upon the payment
of all expenses and charges necessarily and actually incurred by the
removal and/or storage of said vehicle or conveyance.
A.Â
Any person, firm or corporation violating or permitting
the violation of any provision of this chapter shall be guilty of
a misdemeanor and shall be subject to a fine of not more than $250
or to imprisonment for not more than 15 days, or both such fine and
imprisonment. In the case of a second or subsequent violation, the
court may order the 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.
[Amended 3-17-1992 by L.L. No. 1-1992]
B.Â
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. 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.
