[HISTORY: Adopted by the Town Board of the Town of Penfield 5-17-2000 by L.L. No.
2-2000. Amendments noted where applicable.]
It is the purpose of this chapter to preserve and promote the
health, safety and general welfare of those inhabitants of the Town
of Penfield 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 Penfield who wish to use
and operate motor-driven vehicles from trespassing on public or private
property in the Town of Penfield, 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,
motorcycles, four-wheel motor vehicles known as go-carts and no-wheel
vehicles such as snowmobiles, under the following circumstances:
A.
On private property of another person without permission of the owner
or occupant of said property.
B.
Any property owned, leased or controlled by the Town of Penfield
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 Penfield 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 Vehicle and Traffic Law § 1194-a.
(5)
Between sunset and sunrise or when lights are required for safety
without displaying at least one lighted headlight and taillight.
[Amended 2-3-2021 by Res. No. 21T-066]
The Monroe County Sheriff's Department and any other peace officer, police officer or any public servant of the Town of Penfield named in § 7-4 of the Code is authorized to serve appearance tickets and shall enforce the provisions of this chapter.
This chapter shall not apply to police and emergency vehicles.
A.
Any member of the Monroe County Sheriff's Department or any other
enforcement officer who shall encounter any person operating a motor-driven
vehicle or conveyance in violation of this chapter may remove said
vehicle or conveyance to a place designated by the Sheriff. The owner
or duly designated agent of the owner of such vehicle or conveyance
may regain same upon payment of all expenses and charges necessarily
and actually incurred by the removal and/or storage of said vehicle
or conveyance.
[Amended 2-3-2021 by Res. No. 21T-066]
B.
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 $10 nor more than $250
or to imprisonment of not more than 15 days, or both such fine and
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.
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. This 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.
