[HISTORY: Adopted by the Town Board of the Town of Milton as indicated in article histories. Amendments noted where applicable.]
Article I Woods Hollow Nature Preserve and Burgess-Kimball Town Park
Article II Unattended or Idling Large Machinery and Equipment
[Adopted 12-17-1997 by L.L. No. 8-1997]
It shall be unlawful for any person or persons owning or operating any motorized vehicle on the Woods Hollow Nature Preserve or Burgess-Kimball Town Park except as provided herein.
Licensed motor vehicles may be parked in areas so designated in the Woods Hollow Nature Preserve or Burgess-Kimball Town Park.
Maintenance vehicles, emergency vehicles and police vehicles are excepted from the provisions of this article.
Vehicles used for disabled persons and properly registered as such are exempted from the provisions of this article. Wheelchairs and like means of transportation for disabled persons are also exempt.
The invalidity of any section, provision or portion of Local Law No. 8 shall not invalidate any other section, provision or portion thereof.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall be guilty of an offense which shall be punishable by a fine of not more than $250 or a term of imprisonment not exceeding 15 days, or both. Each day's continued violation shall constitute a separate offense.
This article shall become effective immediately upon filing in the office of the Secretary of State.
[Adopted 1-16-2002 by L.L. No. 1-2002]
Large vehicles, machines and equipment left idling or idling and unattended are a threat to the health, safety and welfare of the citizens of the Town of Milton. Machines, equipment and vehicles of this nature include, but are not limited to, locomotives, tractor-trailer trucks and earth-moving equipment. When left idling for extended periods, these devices create a nuisance to Town residents in the form of excess noise and harmful exhaust fumes, and they also create an even greater danger to the public health and safety because of the possibility that they may be set in motion by passersby, including children.
In order to protect and preserve the public health, safety and welfare, the Town of Milton hereby restricts and proscribes the circumstances in which large machinery, equipment and vehicles may be left idling and unattended.
As used in this article, the following terms shall have the meanings indicated:
- EARTH MOVER
- Mobile, mechanical equipment used in the excavation, displacement or transportation of earth.
- A circumstance in which an engine is running but not engaged in motion.
- A self-propelled engine, usually electric or diesel-powered, that pulls or pushes freight or passenger cars on railroad tracks.
- MACHINERY AND EQUIPMENT
- Locomotives, tractor-trailer trucks and earth movers.
- TRACTOR-TRAILER TRUCKS
- Trucks having a cab and no body, used for pulling large vehicles such as vans or trailers.
- A circumstance in which machinery or equipment is left idling with no operator present or in control of the equipment.
It shall be unlawful for any person or entity to cause or to permit any locomotive, tractor-trailer truck or earth mover to idle for more than 10 minutes or to remain idling and unattended for more than five minutes.
A law enforcement officer who observes idling machinery or equipment shall direct the operator to turn off the engine. In the event that the idling machinery or equipment is unattended, the officer shall turn off the engine. A private citizen who observes unattended machinery or equipment shall immediately report the circumstances to the police.
A law enforcement officer shall issue a citation for violation of this article in any instance in which such officer observes idling or unattended machinery or equipment. A citation may be also be issued upon complaint of a citizen who observes idling or unattended machinery or equipment. A citation may be issued to an individual, a corporation, or both. The prosecution of any citation shall be adjudicated before the Milton Town Court. A violation of this article is classified as a misdemeanor.
Where an individual is adjudged guilty of a first violation of this article, the court may impose a fine not to exceed $350, or imprisonment for a term of not less than 15 days nor more than one year, or both. date.
Where an individual is adjudged guilty of a second violation of this article within a five-year period, the court may impose a fine of not less than $350 nor more than $700, or imprisonment for a term of not less than 15 days nor more than one year, or both.
Where an individual is adjudged guilty of a third violation of this article within a five-year period, the court may impose a fine of not less than $700 nor more than $1,000, or imprisonment for a term of not less than 15 days nor more than one year, or both.
Where a corporation is adjudged guilty of a violation of this article, the court may impose a fine of $5,000.