[Adopted 10-8-2002 by L.L. No. 21-2002 (Ch. 221, Art. II,
of the 1985 Code)]
A.
This Legislature
hereby finds and determines that the use of motorized scooters in
public by young drivers is posing a serious public safety threat to
young drivers and to other pedestrians and drivers because, by virtue
of their age, they do not understand the rules of the road.
B.
This Legislature
also finds and determines that the use of these "toy" vehicles on
the streets and sidewalks of Suffolk County should be prohibited to
protect public safety.
C.
This Legislature
further finds and determines that such scooters may not be driven
upon the public highways of the state because they are not eligible
for registration under the New York State Vehicle and Traffic Law.
D.
Therefore,
the purpose of this article is to restrict the use of motorized scooters
in public in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
Includes any public way as defined by New York State Vehicle
and Traffic Law § 118.
A skateboard or like device with two or more wheels and an
upright steering mechanism attached to the front wheel or wheels,
upon which a person or persons may ride propelled by other than muscular
power, except that it shall not include an electrically driven mobility
assistance device or wheelchair as those devices are defined in New
York State Vehicle and Traffic Law § 130-a, nor shall it
include any low-speed vehicle as such is defined in New York State
Vehicle and Traffic Law § 121-f.
Includes those areas defined by New York State Vehicle and
Traffic Law § 129-a.
Includes those areas defined by New York State Vehicle and
Traffic Law § 129-b.
Includes those areas defined by New York State Vehicle and
Traffic Law § 144.
Includes those areas defined by New York State Vehicle and
Traffic Law § 148.
Any person who violates § 319-11 of this article shall be guilty of a violation and subject to fine not in excess of $150.
A.
Any motorized scooter operated by any person under 16 years of age may be subject to immediate seizure by a duly sworn peace or police officer, acting pursuant to his or her official duties, upon reasonable cause to believe that such operation is a violation of § 319-11 of this article.
B.
Any motorized scooter seized under the authority of this article
shall be stored for safekeeping by the law enforcement agency effecting
the seizure. That agency may assess an administrative processing fee
of $50 and a storage fee of $5 per day thereafter. Storage fees may
only be assessed for days on which claimants are able to reclaim property.
C.
Proper claimants under this article are limited to:
D.
The agency employer of an officer effecting a seizure under this
article shall notify the parent or legal guardian of the person in
possession at the time of seizure. Such notification shall be by first-class
mail. Should no valid claim be made for the seized motorized scooter
within 90 days of seizure, title to the seized motorized scooter shall
vest in the seizing agency's municipal employer.
E.
Law enforcement agencies effecting seizures pursuant to this article
may promulgate regulations regarding the storage, release and/or destruction
of motorized scooters seized under this article.
A.
This article shall apply to all actions occurring on or after the
effective date of this article.
B.
In the event that statewide legislation is enacted into law authorizing
the use of motorized scooters on public roads, highways, sidewalks
or rights-of-way, via the issuance of an operator's license after
the completion of a training program or after the passing of an examination
to secure such license, then this article shall be null and void.
This article shall be null and void on the day that statewide
or federal legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via mere
resolution whether or not identical or substantially similar statewide
legislation has been enacted for the purposes of triggering the provisions
of this section.
This article shall take effect on the 180th day immediately
subsequent to the filing of this article in the office of the Secretary
of State.
