[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 10-15-1980 by L.L. No. 1-1980 (Ch. 35 of the 1975
Code). Amendments noted where applicable.]
The following chapter shall apply to the unincorporated
area of the Town of Mamaroneck.
All takeoffs and landings of helicopters or
other aircraft from other than approved areas are prohibited within
the unincorporated area of the Town of Mamaroneck.
[Amended 12-16-1998 by L.L. No. 10-1998]
The hovering of helicopters so as to discharge
or accept passengers or cargo is prohibited within the unincorporated
area of the Town of Mamaroneck.
[Amended 7-17-1996 by L.L. No. 14-1996; 12-16-1998 by L.L. No. 10-1998]
The discharging or acceptance of a passenger
or cargo from or into a hovering helicopter within the unincorporated
area of the Town of Mamaroneck is prohibited except for an emergency.
[Amended 7-17-1996 by L.L. No. 14-1996]
Emergency landings are exempt from this chapter.
However, in the event of an emergency landing, no movement of the
helicopter or other aircraft may be made or permitted until such time
as an administrative authority designated by the Chief of Police has
approved the movement of the helicopter or other aircraft, except
for helicopters landing for medical and/or public safety emergencies.
A.
A violation of this chapter shall be a misdemeanor.
B.
A violation of this chapter shall be punishable as
follows:
(1)
A person found guilty may be sentenced to 30 days
in jail or a fine of $500, or both, for a first offense.
(2)
A person found guilty of violating this chapter a
second time may be sentenced to up to 60 days in jail or fined up
to $1,000, or both.
(3)
A person found guilty of a third or subsequent violation
of this chapter may be sentenced to up to 120 days in jail or fined
up to $2,000, or both.
(4)
As provided in §§ 80.00 and 80.05 of
the Penal Law of the State of New York, in lieu of the foregoing schedule
of fines, a fine equal to two times the profit made as a result of
such prohibited landing, takeoff or hovering may be imposed.
A.
Should any person(s) affected by this chapter suffer
an unnecessary hardship in the way of carrying out the strict letter
of this chapter, the person(s) may apply to the Town Board in writing
for a variation from the strict compliance with this chapter, upon
proof of such unnecessary hardship.
B.
Procedure. Upon submission of a written application
to the Town Clerk by the person(s) seeking a variation of this chapter,
the Town Board shall, within 30 days of receipt of such application,
schedule a public hearing on said application upon five days written
notice in the official newspaper of the Town. At said public hearing,
the person(s) and any other parties wishing to present evidence with
regard to the application for a variation from the strict compliance
of this chapter shall do so. If the Town Board determines that a person(s)
will suffer unnecessary hardship due to the strict compliance with
this chapter, to the minimum extent necessary to provide the person(s)
relief from strict compliance with this chapter, it shall grant such
relief. The Town Board may impose such requirements that ensure the
public health, safety and welfare of the community.
C.
Any party aggrieved by the determination of the Town
Board on an application for a variation from the strict compliance
with this chapter may appeal said decision to the Supreme Court, State
of New York, Westchester County, pursuant to Article 78 of the Civil
Practice Laws and Rules within 30 days of the filing said decision
in the Office of the Town Clerk.
[Added 3-4-2020 by L.L. No. 4-2020; amended 9-9-2020 by L.L. No. 8-2020]
A.
From September
12, 2020, to September 21, 2020, it shall be unlawful for any person
to operate an unmanned aircraft, or cause an unmanned aircraft to
take off, land or fly, within two miles of the perimeter of the property
owned by the Winged Foot Holding Corp. or the Winged Foot Golf Club,
Inc., and designated on the Tax Assessment Map of the Town of Mamaroneck
as Section/Blocks/Lots
B.
For the
purpose of this section, the term “unmanned aircraft”
means a device, commonly referred to as a "drone," that is designed
to navigate in the air without a pilot on board or an aircraft that
is operated without intervention by a human within the aircraft.
C.
This section
shall not apply to those enterprises with whom either the Winged Foot
Golf Club or the United States Golf Association will or have contracted
to perform services in connection with the 2020 US Open golf championship
and whose names appear on a certification given to the Town by either
the Winged Foot Golf Club or the United States Golf Association that
is received by the Town Administrator on or before September 11, 2020.
