[Adopted 12-12-2013 by L.L. No. 1-2013]
This article shall be known and may be cited as "Local Law No.
1 of the year 2013, Regulating the Use of Motor-Driven Vehicles on
Property of the Town of North East and Privately Owned Property."
It is the purpose of this article to preserve and promote the
health, safety and general welfare of the inhabitants of the Town
of North East and of those persons who wish to use and operate motor-driven
vehicles on private property or municipal property. It is also the
purpose of this article to prevent those persons who wish to use and
operate motor-driven vehicles from trespassing on public or private
property in the Town of North East 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 vehicles or conveyance, including,
but not limited to, two-wheel, three-wheel and four-wheel vehicles
known as "minibikes," "trailbikes," "motorcycles," all-terrain vehicles,
four-wheel motor vehicles known as "go carts" and snowmobiles under
the following:
A.Â
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.Â
Any property owned, leased or controlled by the Town of North East,
except on trails duly designated by the Town for the use of such vehicles
at the times and in the manner so designated, however, this shall
not be construed to prohibit the lawful operation of licensed vehicles
on public streets or thoroughfares.
C.Â
On property owned by the Town of North East and on privately owned
property within the Town 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
Within 200 feet of any dwelling or residence other than the dwelling
or residence of the owner or operator of such vehicle.
(5)Â
While in an impaired or intoxicated condition or under the influence
of narcotics or drugs as defined by § 1192 of the Vehicle
and Traffic Law.
(6)Â
Between sunset and sunrise or when lights are required for safety
without displaying at least one lighted headlight and taillight.
(7)Â
Within 300 feet of the boundary line of another property.
The Dutchess 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 article.
This article shall not apply to police and emergency vehicles
and farm vehicles actually being used in farming.
A.Â
Any member of the Dutchess County Sheriff's Department and/or 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 article, shall remove said vehicle or conveyance to a place
designated by the officer's department. 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.
B.Â
Any person, firm or corporation violating or permitting the violation
of any provision of this article shall be guilty of a violation and,
upon conviction thereof, shall be subject to a fine of not more than
$500 and/or imprisonment for a period of not more than six months.
In the case of a second or subsequent violation, the court may order
confiscation of said vehicle or conveyance which, if confiscated pursuant
to this section, will be sold at public auction according to appropriate
procedures and laws affecting public auctions by municipalities.
C.Â
In addition, any and persons, firms or corporations violating or
permitting a violation of any of the provisions of this article, or
omitting or refusing to do any act required by this article, shall
severally, for each and every violation and noncompliance respectively,
be liable for a civil penalty of $200. The imposition of all penalties
for any violation of this article shall not excuse the violation or
permit it to continue. The application of the above penalties or the
provisions of this article shall not be held to prevent the enforcement
of this article by other action in law or equity.