[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 7-6-1976 by L.L. No. 6-1976. Amendments noted where applicable.]
[Amended 5-18-2022 by L.L. No. 2-2022]
It is hereby found and determined by the Board
of Trustees of the Village of Ossining that the unrestricted use of
certain unlicensed motor-driven vehicles upon public and private property
within the Village of Ossining constitutes a menace to the health,
safety, welfare and reasonable security of the residents of the Village
of Ossining.
It is the intention of the Board of Trustees
of the Village of Ossining in adopting this chapter to preserve, protect
and secure the public health, safety and welfare of the residents
of the Village of Ossining by exercising the police power of the Village
of Ossining.
[Amended 5-18-2022 by L.L. No. 2-2022]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any self-propelled vehicle which is manufactured for sale
for operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways, provided that such
vehicle does not exceed 70 inches in width or 1,000 pounds dry weight.
This definition shall not include a snowmobile as defined below or
other self-propelled vehicles manufactured for off-highway use.
A bicycle which is no more than 36 inches wide and has an
electric motor of less than 750 watts, equipped with operable pedals,
meeting the equipment and manufacturing requirements of the Consumer
Product safety Commission under 16 CFR 1512.1 et seq., and meeting
the requirements of one of the following three classes:
CLASS ONE BICYCLE WITH ELECTRIC ASSISTA bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling and that ceases to provide assistance when such bicycle reaches a speed of 20 miles per hour.
CLASS TWO BICYCLE WITH ELECTRIC ASSISTA bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle and that is not capable of providing assistance when such bicycle reaches a speed of 20 miles per hour.
CLASS THREE BICYCLE WITH ELECTRIC ASSISTSolely within a city having a population of 1,000,000 or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle and that is not capable of providing assistance when such bicycle reaches a speed of 25 miles per hour.
Every device weighing less than 100 pounds that: a) has handlebars,
a floorboard or a seat that can be stood or sat upon by the operator,
and an electric motor; b) can be powered by the electric motor and/or
human power; and c) has a maximum speed of no more than 20 miles per
hour on a paved level surface when powered solely by the electric
motor. Should the State of New York adopt changes to the definitions
of "bicycle with electric assist" and "electric scooter" as set forth
in the Vehicle and Traffic Law of New York State (Vehicle and Traffic
Law), §§ 102-C and 114-E, the definitions herein shall
be deemed to be simultaneously amended.
All public streets, sidewalks, alleys, highways, parks, playgrounds,
parking lots and other open public grounds within the Village.
All real property located within the Village and owned by
the Village, County of Westchester or State of New York.
Any self-propelled vehicle equipped with a motor, originally
manufactured and designed for travel on snow and ice, steered by skis
or runners and supported in whole or in part by one or more skis,
belts or tracked cleats.
An unlicensed motor-driven vehicle or conveyance, including,
but not limited to, snowmobiles, two-wheel motor vehicles commonly
known as "minibicycles," Class Three bicycles with electric assist,
trail bicycles, except for trail bicycles that are Class One or Class
Two bicycles with electric assist as defined above, and "motor scooters,"
except for electric scooters as defined above, and four-wheel motor
vehicles commonly known as "go-carts" or "all-terrain vehicles." Class
One and Class Two bicycles with electric assist and electric scooters
("devices") shall not be considered unlicensed motor-driven vehicles,
except where the devices have been tampered with to change the motor-powered
speed capability to go faster than 20 miles per hour if the devices
are propelled exclusively by the devices' motor.
[Amended 5-18-2022 by L.L. No. 2-2022]
It shall be unlawful for any person to operate
an unlicensed motor-driven vehicle upon any public property or municipally
owned property within the Village.
[Amended 5-18-2022 by L.L. No. 2-2022]
The operation of an unlicensed motor-driven
vehicle is prohibited upon private property unless the operator has
the express permission of the property owner to operate the vehicle
on the property. The operator shall comply with any conditions imposed
by the owner, which conditions are not otherwise inconsistent with
the Village Code and state and/or federal law.
It shall be unlawful to operate any unlicensed
motor-driven vehicle in such a manner as to create loud, unnecessary
or unusual noise which disturbs or interferes with the peace and quiet
of other persons.
It shall be unlawful to operate any unlicensed
motor-driven vehicle in a careless, negligent or reckless manner so
as to endanger the safety and welfare of any person or the property
of any person.
It shall be lawful for any employee of the Village
of Ossining, County of Westchester or State of New York to operate
an unlicensed motor-driven vehicle for the purpose of maintaining,
repairing or doing any public work within the scope of his employment.
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 chapter.
Whenever any child under the age of 16 years
of age is alleged to have violated the provisions of this chapter,
his parent, guardian or any person having the care, custody or control
of such child shall be notified by the Chief of Police or any person
designated by him to give such notice.
The Police Department of the Village of Ossining
shall immediately confiscate any unlicensed motor-driven vehicle operated
in violation of this chapter. The unlicensed motor-driven vehicle
shall be returned upon the direction of the Court.
[Amended 8-3-1999 by L.L.
No. 2-1999]
Should any section or portion of this chapter
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.
