[HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-15-1983 by L.L. No. 12-1983]
This article shall be known as the "Unlicensed Motor-Driven Vehicle Law of the Town of Southold."
The Town Board of the Town of Southold recognizes the potential adverse impact on the health, safety and general welfare of the residents of Southold and to property within the Town by the use of unlicensed motor-driven vehicles and, therefore, deems it appropriate to control the use of said vehicles.
For the purposes of this article, the following terms shall have the meanings indicated:
- PUBLIC PROPERTY
- All streets, sidewalks, easements or any other areas dedicated or commonly used by the public.
- UNLICENSED MOTOR-DRIVEN VEHICLE
- Any type of unlicensed motor-driven vehicle or conveyance, including but not necessarily limited to snowmobiles, two-wheeled motor vehicles known as "trail bikes" and "motor scooters" and four-wheeled motor vehicles commonly known as "go-carts" or "all-terrain vehicles."
It shall be unlawful for any person to operate any unlicensed motor-driven vehicle upon any property owned or leased by the Town of Southold.
The operation of an unlicensed motor-driven vehicle is prohibited upon private property unless the operator of said unlicensed motor-driven vehicle has with him and presents written permission of the owner of said private property to operate said vehicle on said property.
The provisions of this article shall not affect or prohibit the following:
The operation of any unlicensed motor-driven vehicle by an officer or employee of the Town of Southold or any school district, park district or other public improvement districts within the Town of Southold, while being operated by such officer or employee within the scope of his employment.
The use and operation of golf carts.
The use and operation of motor-driven wheelchairs.
It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of 16 years knowingly to permit such child to operate an unlicensed motor-driven vehicle in violation of the terms of this article.
Whenever any child under the age of 16 years is alleged to have violated this article, his parent, guardian or any person having the care, custody or control of the child shall be notified by the Chief of Police or any person designated by him to give such notice.
The police shall immediately impound any unlicensed motor-driven vehicle operated in violation of this article. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon direction of the court.
Any operator or parent, as defined in § 264-7, who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to a fine not exceeding $250.
Should any section or portion of this article be in conflict with the laws of the State of New York applicable to the operation, registration, ownership or control of unlicensed motor vehicles, then, in that instance, said laws of the State of New York shall prevail.
The provisions of this article are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this article, but they shall remain in effect, it being the legislative intent that this article shall stand notwithstanding the invalidity of any part thereof.
This article shall take effect immediately.
[Adopted 9-12-2000 by L.L. No. 19-2000]
It is the purpose of this article to preserve and promote the health, safety and general welfare of those inhabitants of the Town of Southold 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 inhabitants of the Town of Southold who wish to use and operate motor-driven vehicles from trespassing on public or private property in the Town of Southold, 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 conveyances, including but not limited to two-wheeled vehicles known as "minibikes," "trailbikes" and "motorcycles," three-wheeled vehicles known as "ATV's" or "ATC's" or the like and four-wheeled motor vehicles known as "go-carts" and "no-wheeled vehicles," such as but not limited to snowmobiles and limited-use vehicles as defined in Article 1 of the Vehicle and Traffic Law, under the following circumstances:
On the private property of another person without the 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.
On any property owned, leased or controlled by the Town of Southold, except on trails duly designated by the Town for the use of such vehicles at the times and in the manner so designated.
On property owned by the Town of Southold and on privately owned property as follows:
In such a manner as to create loud, unnecessary or unusual noises or so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless, negligent or defiant manner so as to endanger or be likely to endanger the safety and property of any person, including the operator of said vehicle.
At a rate of speed greater than reasonable or proper under the surrounding circumstances.
While in an intoxicated condition or under the influence of narcotics or drugs as defined by § 1192 of the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety without displaying at least one headlight and taillight.
The failure of the operator of an off-road vehicle to produce or display written consent of the owner of the private property on which he is operating shall be presumptive evidence that the operator does not have the consent of the owner to operate said vehicle on said private property. This presumption shall be rebuttable.
The Southold Police Department, through the Chief of Police of the Town of Southold, 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.
Any member of the Southold Police Department (or any other enforcement officer who shall encounter any person operating a motor-driven vehicle or conveyance in violation of this article) shall immediately remove said vehicle or conveyance to a place designated by the Chief of Police. 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. Any vehicle not redeemed within 30 days shall be considered an abandoned vehicle under the provisions of § 1224 of the New York State Vehicle and Traffic Law.
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 $50 nor more than $500 or to imprisonment not to exceed 15 days, or both such fine and imprisonment. Any second or subsequent conviction of such person, firm or corporation shall be subject to a fine not less than $250 nor more than $750 and the vehicle or conveyance shall be subject to confiscation pursuant to § 264-19. Any vehicle or conveyance which is confiscated pursuant to this section and stored by the Town in excess of 30 days may, upon conviction under this chapter, be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities.
[Amended 11-21-2006 by L.L. No. 15-2006]
In addition, any and all 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 $50. 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 addition, any and all persons, firms or corporations violating or permitting a violation of any of the provisions of this article shall be subject to such order or orders of the court as may be imposed so as to assure restoration of any public or private property damages, restitution or reimbursement to the Town or private citizens for property damage or crop loss and/or an order directing community service in addition to or substitution for the foregoing.
If any clause, sentence, paragraph, subdivision, section or other part of this article shall for any reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such judgment shall not affect, impair or invalidate the remainder of this article, and it shall be construed to have been the legislative intent to enact this article without such unconstitutional or invalid parts therein.
This article shall take effect immediately upon filing in the office of the Secretary of State of New York.