[HISTORY: Adopted by the Town Board of the Town of Hamlin 8-13-1984 by L.L. No.
2-1984 (Ch. 118 of the 1987 Code). Amendments noted
where applicable.]
This chapter shall be known and may be cited as "Local Law No.
2 of the Year 1984, Regulating the Use of Motor-Driven Vehicles on
Property of the Town of Hamlin and Privately Owned Property."
It is the purpose of this chapter to preserve and promote the
health, safety and general welfare of the inhabitants of the Town
of Hamlin who wish to use and operate motor-driven vehicles on private
property or municipal property. It is also the purpose of the chapter
to prevent those inhabitants of the Town of Hamlin who wish to use
and operate motor-driven vehicles from trespassing on public or private
property in the Town of Hamlin, 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-wheel vehicles known as "minibikes," "trailbikes"
or "motorcycles," three-wheeler all-terrain vehicles, and four-wheel
motor vehicles known as "go-carts" and "mud trucks," under the following
circumstances:
A.
On private property of another person without 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.
B.
On any property owned, leased or controlled by the Town of Hamlin,
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 Hamlin 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 § 1192 of the Vehicle and Traffic
Law.
(5)
Between sunset and sunrise or when lights are required for safety
without displaying at least one lighted headlight and taillight.
The Monroe County Sheriff's Department and/or the New York State
Police or 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.
The provisions of this chapter with respect to all-terrain vehicles
are in addition to the registration requirements and rules for operation
for all-terrain vehicles prescribed by Articles 48-B and 48-C of the
New York State Vehicle and Traffic Law.
A.
Any member of the Monroe County Sheriff's Department and/or
or the New York State Police 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 arresting officer's department.
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.
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 less than $10 nor more than
$250 or to imprisonment of not more than six months, or to both such
fine and imprisonment. In the case of a second or subsequent violation,
the court may order confiscation of said vehicle or conveyance. A
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.
C.
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.
