[HISTORY: Adopted by the Clarkson Town Board 11-27-1984
by L.L No. 5-1984. Section 130-7 amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I). Other amendments noted where applicable.]
This chapter shall be known and may be cited as "Local Law No. 5 of
the Year 1984, Regulating the Use of Motor-Driven Vehicles on Property of
the Town of Clarkson and Privately Owned Property."
It is the purpose of this chapter to preserve and promote the health,
safety and general welfare of the inhabitants of the Town of Clarkson 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 chapter to
prevent those persons who wish to use and operate motor-driven vehicles from
trespassing on public or private property in the Town of Clarkson, 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 vehicles known as "minibikes," "trail bikes," "motorcycles" and
"all-terrain vehicles," "four-wheel motor vehicles known as "go-carts" and
snowmobiles under the following circumstances:
A.
On private property of another person without written
permission of the owner or occupant of said property. Said written permission
must be in 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.
Any property owned, leased or controlled by the Town
of Clarkson, 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 Clarkson and on privately
owned property within the Town 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 impaired or intoxicated condition or under
the influence of narcotics or drugs as defined by § 1192 of the
Vehicle and Traffic Law.
(5)
Between sunset and sunrise or when lights are required
for safety without displaying at least one lighted headlight and taillight.
The Monroe County Sheriffs Department and/or the New York State Police
or any other police officer and any other peace officer shall enforce the
provisions of this chapter.
This chapter shall not apply to police and emergency vehicles and farm
vehicles actually being used in farming.
Any member of the Monroe 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
chapter 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 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 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 not less than $25 nor more than $250 or to imprisonment
of not more than 15 days, or both such fine or imprisonment. In the case of
a second or subsequent violation, the court may order confiscation of said
vehicle or conveyance, and such 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. 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. The
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.
