Loading...
HomeMy WebLinkAboutLL-1983 #12 ~ '' LOCAL.LAW NO. , 1983 . :- ..:~::~ " " - '" '""' t ~.'-~.-~.:?'-~' A Local Law to Regulate the . .,. ,. · .Operation of Unlicensed ~ Motor-Driven Vehicles . ~.: BE IT ENACTED .by the Town Board of: the Town of Southold as. ' fol lows The Code of the Town of Southold is hereby amended by.adding thereto a new Chapter, ,to be Chapter 89 to read as follows: · · . Section 89-1.' Title'. . . . This Chapter 'shall' be known as the. "Unlicensed Motor-Driven : :'' Vehicle Law bf the Town of $outho~d". · ...... . Section 89-2. Purpose _, ... - . . . . ~_'..;~. 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, Cdeem it appropr!a~e; 'to :' /' ' , .control the use of said vehicles. - _ . · ~.-~.'- . .. _.~ ~ ~.~ ' : "· ' Section 89-3~ Definitions . For the pUrposes of this Chapter, the following terms shall" -: 'i ' ,have' the meanings indicated.: . :. '. PUBLIC PROPERTY' - All streets, sidewalks, easements or any .... :, ~. other areas'dedicated or commonly used by. the public. ' ' IVEN VEHICLE - Any typ .i . : " UNLICENSED MOTOR-DR e of unHc'ensed motor~driven vehicle or conveyance, including but .. . . not necessarily, limited to snowmobiles., two-wheeled motor ' .vehicles known as "trail bikes, and "motor scooters", and ~ '..i' . four-wheeled motor vehicles commonly known as "go-carts" or · . , . "all-terrain vehicles." '. Section 89~4."' Operation on town property prohi6i'ted. It shall be unlawful'for any person to operate any unlicensed motor- ;"- ,7.? driven vehicle upon any property owned or leased by the Town of ' Southold. . Section 89-5. Operation on private property restricted.. . . 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, . · . .....:.-.{~-.~.::-::: Section 89-6. Exceptions. .~,'-,-!;'.'~' The provisions of-this Chapter shall not affect or prohibit the _-~'-~ folloWing: (1) The operation of any unlicensed motor-driven vehicle 'by an . · officer or employee of the Town of Southold, or any School .T ' District, Park District, or other . Public Improvement :'. Districts within the Town of Southold, while being operated "-~ ,by -,S.uch officer or ~employee within the scope of his. '~ " employment. .... (2) The use and .operation of golf carts. . -: " (3) The use and operation of motor-driven wheelchairs. Section 89-7. ' Responsibilities of parents or guardians. ~ It ·shall. be unlawful for the parent, guardian or any person ' · i. having the care,'..cust0dy and control of any child under the age of sixteen. (16)' years knoWingly tO permit such child ,to. operate~ an unlicensed "~ motor-driven vehicle 'in violation of the terms of this' Chap~er~! Ii'!.. ' " Section .89~-8. Notice of violati(~n to parents~'0'i~'iguardians. · Whenever'any child under-.the ag~:.0f..?,-Sjxt~ee'n (16) years is "~ alleged to have 'violated 'this Chapter, his parent: ~g~rdian or an~/ 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. Section 89.9. Impoundment.of vehicles in violation. .,~... . ' · The police shall' immediately impound any unlicensed !, motor-driven vehicle.operated in violation of this Chapter. The unlicensed ": "': motor-driven vehicle shall be returned upon payment of the fine or upon ,'~ '" · direction of the court'. ' · i~' · · Section~ 89-10. ' Penalties for offenses. Any operator ..or p"'arent',.' as 'defined 'in -section ,89-7, who shall ' - ' violate any of the provisions of this ·Chapter shall,. upon .COnviction thereof, ' be sentenced to' a'fine not exceeding two hundred fifty ~3!lars- ($;250.00). . . . Section 89-11; Conflicts with State LAW... /' ' Should·'· any section or portion of this Ch'apter be in conflict · with the Laws of the State of New York applicable to the operation, registrstion, ownership or control of 'unlicensed motor vehicles, then in that instance said laws of the State of New York shall prevail;-' · : ' ' ' Section 89-12. Severability. The provisions of this ·Chapter '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 a~fect the validity of the remaining Sections, subsections, sentences, · !' clauses and phrases of,.this Chapter,. but they shall remain in effect, it being [h~ legislative intent that this Chapter shall stand no~withstanding ; the invalidity Of any part thereof. ' .. · · Section 89-13. ' When effective. -' . · , ., This Local Law shall take effect immediately'.,- Bureau of S~e Records 162 Washin~,,i~ '~ Aven~e Albany, NY 12231 Robe~ W. Taske)c, Town Atto~fie*y Town of So~hold 425 M~n S~eet Gre~npo~; L.I., NY 11944 .Ae~e~po~,~, L~ I., NV Date: 5ece,,~e~ 5. ~ ~944 1983 Dear Sir/Madam: Please be advised that Local La~v(s) No. 12 of' 1983 c~fthe Town of '$o~['~Old was/were reccivcfl anti filed ,~n __ No%snbe)~- 21, 1983 Additional forms for filing tocal laws with this office will be forwarded upon requeM. 'NYS Department of State Bureau Of State Records 383602-004 (12/82) (Please Use this Form for Filing your Local Law with the Secretary of State) Text t)f law shuuld be given as amended. Do not hxclude matter being eliminated and do not use italics or underlining to indicate new matter. Town 12 of tl~ Teat 19 .8..3. ....... Local Law No ......................................................... to regulate the operation of unlicensed mo~.o.r.7..gl£.Lv.~r.L..v.~.hicles. ............................... A local law .......................................................................................................... (lnm~ title) of the Be it enacted by the T.Q.~O ~.O~t:.~[ ........................................ :..;- ............................................................. '~ ........... (Nmtm ~f Ld~b~ive tJoer; Town as follows: The Code of the Town of Southold is hereby amended by adding thereto a new Chapter, to be Chapter 89 to read as follows: Section 89-1. Title This Cl~apter shall be known as the "Unlicensed Motor-Driven Vehicle Law Of the Town of Southold". Section 89-2. Purpose 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, deem it appropriate to control the use of said vehicles. Section 89-3. Definitions For the purposes of this Chapter, 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." Section 89-4. Operation on town property prohibited. 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. ~n"(lf additional space is needed! please'~r--r-ncTM Page Section 89~5. Operation on private p~operty restricted. 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. following: Section 89-6. Exceptions. The provisions of this Chapter shall not affect or prohibit the (1.) 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 em ployment. (2) The use and operation of golf carts. (3) The use and operation of motor-driven wheelchairs. Section 89-7. Responsibilities of parents or guardians. It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of sixteen (16) years knowingly to permit such child to operate an unlicensed motor-driven vehicle in violation of the terms of this Chapter. Section 89-8. Notice of violation to parents or guardians. Whenever any child under the age of sixteen (16) years is alleged to have violated this Chapter, 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. Section 89.9. Impoundment of vehicles in violation. The police shall immediately impound any unlicensed motor-driven vehicle .operated in violation of this Chapter. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon direction of the court. Section 89-10. Penalties for offenses. Any operator or parent, as defined in Section 89-7, who shall violate any of the provisions of this Chapter shall, upon conviction thereof, be sentenced to a fine not exceeding two hundred fifty dollars ($250.00). Section 89-11. Conflicts with State Law. Should any section or portion of this Chapter be in conflict with the Laws of the State of New York applicable to the operation, registration, ownership or control of 'unlicensed motor vehicles, then in that instance said laws of the State of New York shall prevail. Section 89-12. Severability. The provisions of this Chapter are declared to be severable, and if any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the invalidity of any part thereof. Section 89-13. When effective. This Local Law shall take effect immediately. -2- (Cmnplctc tlw c,.rtification in the paragraph which applies to the filing of thi, local law and .trike out tile matter therein xxhich is not applicabh:,) (l:inal adoption h> Imml legislative hody only.) I hm-~.by ccrtifythai thel.cal law annexed hemto, desiguated as local taw No ..... 1.~ .......... or 19.~.$... Southold Town Boa rd af the ~ nf .................. ................. was duty passed by the ................................................................................... Town (Na~ne of Legi~lati~ Body) V~x November 15, 19.?.~. in acco~ance with the applicable proviaions of law. on ............................................ (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,* or repassage after disapproval,) I hereby certify that the local law annexed hereto, designatedas local law No ..................... of 19 ........ County City .................................................................................. of the Town of ...................................... was duly passed by the (Na,r,~ of Legislative Body) Village not disapproved on ...... 19 ........and was approved by the repassed after disapproval Electric Chief Executive Officer ~ and was deemed duly adopted on ....................... : ................................ 19 ........ , in accordance with the applicable provisions of law. (Fiaal adoptioa by refereodum.) Iherr'by certify that the local law annexed hereto, designatedaslocal law No ................... of 19 .......... County of the City of ...................................... was duly passed by the .................................................................. x...~.~. ......... Towll (Name of l.egi~l,ative Body) Village not disapproved on .................................................. 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief tl]xecutive Officer ~ on ...................................................................... 19! ........ Sucb local law was submitted to the people by reason of a mandateD' permissive referendum,arid received the affirmative vote of a majority of the qualified electors voting general thereon at the special election held on ...................................................... 19 ........ , in accordance with ~he appli- ann ua[ cable provisions of law. (Subieet to permissive referendmn,and final adoption because no valid petition filed requesting referendum.) 1 hereby c~rtify that the local law annexed hereto, designated as local law No ................... of 19 .......... County City of the ri. own of ...................................... was duly passed by the ................................................................................ (Name of LegiMative Body) on Village not disapproved ..................................................... lc) ........ and was approved by the .............................................. o~ repassed after disapl)rowd I.:h.,-ti~,, (:h,,.f E~v, uti,,. ()Ii~t:,.r '~ .............................................................. [9 ......... Such local law being subject to apc. milssive r,-ferendum and no valid pmition rc, luc. sting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ........ , in accordance with the applicable provisions of law. *Elective Chief Executiv~ Officer means or inctudes the chief executive officer of a county elected on a county-wide basis or. ff there be none, the chairman of the county I~islative body, th~ mayor of n city or village or the supervisor of a town, where such officer is vested with power to approve or veto local IsM or ordinances. Page 2 Cit} h, cal la~ concerning I'.harler rt,;i~,on proposed hy petition.) [ ht.ret6 ct,i'ti['. !ha; th, Io, al ' m ..:;m xed hereto, designated aslocal lawNo ................ ~f of th~' Ci,y of ................................................................ ha~ng been submi;ted to referendum pursu,~ ~36 , provisions of 37 o1' tiic ,5;unicil,al Ii,., e Rule Law, and }.aving received the affirmative vote of a . special of the qualified electors of such city voting thereon at tine general election held on .................................. ................ 19 ............ became operative, 6. (County local law concerumg adoption ofCharter. I [ hereby certify that the local law annexed hereto, designated as Lodal La'w No ....... of 19 ...... of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qnalified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriato certification.) ~ I further certify that I have compared the preceding local law with the'original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph ............................ above. the County Iggishtiv¢ body, City, Tnwn(3~ViUage C'~tk o~ . officar d~signated by local legislative body Date: November 16, 1983 JUDITH T. TERRY, TOWN CLERK (Seal) ' t,~ -.. \\~ (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ........ .s..U...F..F.Q..L...K-.. ...................... I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. []la te: November 16, 1983 .Rob~-r.t.W... T.~aker.,..T.o~n. A.tWroe¥ .......... Title C~I?X of ...?°..u...t..h.°..!.d.. ......................................... Town Page 3 PUBLIC HEARING SOUTHOLD ~TOWN ·BOARD 3:00 P.M. November 1, 1983 IN THE MATTER OF A PROPOSED LOCAL LAW, ENTITLFDr "A LOCAL LAW TO REGULATE THE OPERATION OF UNLICENSED MOTOR-DRIVEN VEHICLES.''· Present: Supervisor William R. Pell, III Councilman John J. Nickles Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR PELL:. This·is a public hearing on a proposed Local Law to regulate the operation of unlicensed motor-drive· vehicles in the Township of Southold. The legal notice will be read by Councilman Murphy. cOUNCILMAN MURPHY: "Public Notice is hereby given that there has been pl-esented to the Town Board of the Town of Southold, Suffolk County, New Y~rk, on the 4th day of October, 1983, a Local Law, entitled, "A Local Law to Regulate the Operation of Unlicensed Motor-Driven Vehicles," which reads_ as :follows, to wit: The Code of the Town of Southold is hereby amended by adding thereto a new Chapter, to be Chapter 89 to read as follows: Section 89-1. Title· This Chapter shall be known as the "Unlicensed Motor-Driven Vehicle Law Of the Town of Southold". Section 89-2. Purpose The Town Board of the Town of. Southold' recognizes the p~tential 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 vehi~-Ies and, therefore, deem it appropriate to control the use of said vehicles. ... Section 89-3. Definitions For the purposes of this Chapter, the following terms shall have the meanings indicated: Page 2 - Public Hearin~ ..... November 1, 1983 ·~ .... ' · Proposed Local Law to Regulate the Operation· of Motor-Driven Vehicles PUBLIC PROPERTY - All streets, sidewalks, easements or any other, areas dedicated or commonly used by the public'~ r ":-"' '"'~- UNLICENSED MOTOR-DRIVEN VEHICLE - .Any type ' °f 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." '.' ;.' :" Section 89-4.'- Operation on town property prohil~ited. 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. : .. Section 89-'5. Operation on private pr(;pe, rty restricted. 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. following: Section 89-6. Exceptions. The provisions of. this Chapter shall not affect or prohibit the (1) 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. ,' (2) The use and operation of golf carts. (3) The use and operation of motor-driven wheelchairs. Section 89-7. Responsibilities of parents or guardians. It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of sixteen (16) years knowingly to permit such child to operate an unlicensed motor-driven vehicle in violation of the terms of this Chapter. Section 89-8. Notice of violation to parents or guardians. Whenever any child under the age of sixteen (16) years is alleged to have violated this Chapter, 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. P~ge 3- ublic Hearing .... November 1, 1983 ..... ' Proposed. Local. Law to REgulate the Operation of Motor-Drive,Vehicles Section 89.9. Impoundment of vehicles in violation. The police shall immediately "impound any · unlicensed motor-driven vehicle operated in violation of this Chapter. The unlicensed '_:i '.. motor-driven vehicle shall be returned upon payment .of the fine or upon : · direction of the court', · .. · ." Section 89-10. Penalties for offenses. ~: :. '- . · Any operator or parent, 'as defined in section . 89-7, . who shall' . .... · violate 'any of the provisions of this Chapter shall; 'upon conviction thereof, -. '."~.~ .' be sentenced 'to a fine not exceeding two hundred fifty dollars ($250.00). '. ' '" · .. 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 preyail." ~- ~. ~'i.. ~.'.'.' , "'~ -~ " The provisions of this Chapter 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 Chapter, but they shall remain in effect, it being the legislative in{'ent that this' Chapter shall stand notwithstanding' the invalidity of any part thereof. ~. ~ ....... :.:~ .... Copies of said Local Law are available in 'the Office of the Town Clerk to any interested persons during business hours. Notice is further given that the Town Board of the Town of Southold' will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 1st day of November, 1983, at 3:00 o'clock P.M., at which time all interested persons will be heard. Dated: October 4, 1982. Judith T. Terry, Town· Clerk." I have proof of publication from the Long Island Traveler-Watchman that . it was published on the 20th of October, 1983, signed by Pat Wood, and also Joan Gustavson of the Suffolk Times that it was published on the 20th day of October, 1983. I have proof of publication by the Town Clerk Judith ·Terry that it was published on her Bulletin Board on the 10th day of October, 1983. SUPERVISOR PELL: Frank would you please describe this proposed Local Law in a few words, please. Page 4- Publ.c Hear. nL~.~.~~ November l, 1983 ~ Proposed local. Law to Regulate. the Operation of.Motor-Driven Vehicles COUNCILMAN MURPHY: What this Law is trying to accomplish is the urrlicensed motor-driven vehicles, sand bikes, dirt bikes, to exclude them from Town property and also provision in there if someone is riding on the property and there is a complaint to the Police Department, the. policeman can go up and if the person' doesn't have written permission- from the' property owner, the police can arrest this person and confiscate the bike. It's a big noise problem in various neigh- borhoods, and it's one that.a lot of people felt neCessary to control before it got completely out of hand. We did exempt any Town equipment, any golf carts, motor d~-iven wheeichai~.s.. We tried to grant, the exemptions that we felt would be around here. It shall be unlawful for a. parent, guardian or any person having the care or custody and control of any Child under the age of sixteen years, knowingly .to permit such child to operate an unlicensed motor vehicle in violation. The police shall immediately ire'pound any unlicensed motor-driven vehicle operated in violat~i0n of this Chapter. It shall be returned upon the payment, of the fine at the direction of the court. The fine shall not exceed $250,00~ Should any section 9'f th.i~S law be in conflict with the laws of the State of N.ew York applicable to the o~ration, registration, ownership or control of. unlicensed motor vehicle, in that instance the laws of the State of New York shall prevail. The law shall take effect immediately. School districts, park districts are exempt. Public property, all streets, sidewalks, easements or any other public areas dedicated or commgnly used by the. public, and the unlicensed motor vehicle is any type of unlicensed motor-drive ~elticle or conveyance including but not necessarily limited to snowm~biles, tWo-wheel motor vehicles known as trail bikes, and motor sCOoters, and four-wheel motor vehicles commonly known as go-carts or all-terrain vehicles, and operation on all Towi~ property is prohibited. SUPERVISOR PELL: We will go with the.people who would like to speak in favor of this, then opposed, and comments at all. Does anybody wish to speak in favor of this? MR. WILLIAM POLLERT, Southold, New York:I I think the law is a good law. It's been a long time in coming. There has been. a lot of abuse with these unlicensed vehicles, especially when they're operated by children and the salient point of the law that I could see is that it at least puts the responsibility on the parents to control it to a great extent. SUPERVISOR PELL: Thank you, Mr. Pollert. favor of?' MR. STUART HARVEY, Southold, NeTM York: Anybody else wish to speak in '1 don't know if it's in favor or not, but are you exempting all farm vehicles in that thing? COUNCILMAN MURPHY: Yes, they are exempt under the Mo.tor Vehicle Law. SUPERVISOR PELL: Anybody else wish to speak in favor of? (No response.) In opposition to? . MR. JERRY GRASECK, Southold, New York: i,I feel that this proposed law is prejudiced against the young people and ownems of pleasure vehicles in our community. I feel it's an injustice to the owners of pleasure vehicles that have been using privately owned land for many yea~s and the owners of these lands Page 5 - Public Hearing ..... November 1, 1983 Proposed Local Law to'Regulate the Operation o~f Motor-Driven Vehicles have not complained. Those who did not want the use of their land have posted their lands, therefore I feel there is no reason there should be any law as to the use of private land. Also, I feel that if the Town decides not to allow these pleasure vehicles on Town property, certain Town property should be. set aside specifically/ for the use of these 'vehicles, such as 'Greenport has for bike trails and so forth. However, I do feel that there should be some restrictions as to noise levels and to tl~e hours they can be used. That's all. SUPERVISOR PELL: Thank you, Jerry. Anybody else wish to speak in opposition to it? (No response.) Anybody wish.to speak at all on this proposed Local Law? (No response.) If not, I declare the hearing closed. Judith T. Terry ~ Southold Town Clerk fEGA I, NO'I"ICE NOTICE OF PUBLIC 'HEARING ON LOCAL LAW " PUBLIC NOTICE is hereby ,,. :.:, given that there has been ,~, presented to the Town Board :! faf the' Town"0f Southold.. iii. 'Suffolk ·County, N~W York, on '~ ':~ 'the 4th day of October, 1983, % '. L°ea! Law, entitled "A Loca: .. '!!!:[': Law to Regulat~ the Operation ,~I'?, of Unhcensed Motor-Drive'Ve- (r"hicles," which reads ~s roi-. ]5 lows: to .... ' '.:. 'read as follows r.. Section 89-1 Title ' ~!;i: '"' Thi~ Chapter Shrill be' known ',.-as the :"Unlicensed Motor- ii' Driven Vehicle Law of the (. Town of. Southold.' Section 89~2. purpose ?.: e. Town Board of the I:.,' Town of S0uthold reeognizbs rl ~ the. potential, adverse ~mpact ?~.. on the . heaRh safety .and ~': general Welfare of the.'resi- ,i:' dents ~of .S0uthold ' and to ~'~ i' property within the town bY thc. usc of said vehicles. ;il Section 89-3. Defiuitions COUNTY OF SUFFOLK STATE OF N6Vv' YORK Patdcia Wood, being duly sworn, soys that she is the Editor, of THE' LONG ISLAND TRAVELER-WATCHA4AN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ! .............. weeks successively, commencing on the .............. .................. , .... Sworn to before me this ............ .]~....~....-~.. ........ day of ~o~,- 19.....~'..~.-~ ( p : ., ~ , provisions of this Cha - .' .. ... ,..: .% ' '{er s~hall not affect or prohibit '.1,, . PUBLIC PROPER~Y' All: . ' (D Thc operation-of any un- licensed motor-driven vehicle : streets, sidewalks, easements, ~. · i .... by an officer or employee of thc Town of Southold, or any 1%i l( .~','d l) MIl.lilt ', Schbol District, Park Dis- ')RI'~ ~. ~ ! III1 , I ~... , trict, or other Public Improve- ..... . , .. meiit Districts within the Town · , , - . . . !: ! of Southold, while, being oper- ,.! !. ,... amd by such officer or em. plaice within the scope of his ,. , . · .. ,, .. . -. (2) The use and operation of · · . golf carts. ... . . ~ (3) The usc and operation of .... mo{or.~,~ ...... Vqelchairs. Section 89-4. Operation on ties ,,t oar,'ms o- ,,uardians. town property prohibited· It sh~,. ,,,~.-~ful for the It shall be unlawful for any pa~enr, guatdiar or any person · 'q person to operate a!~y unli- having the care, custody and 'censed motor-driven vehicle control of any child under the 'upon any property owned or age of sixteen (16) years leased by the Town of South- knowingly ~o permit such child · 0Id. ro operate an unlicensed mo- Section 89-5. Operatioe on tar-driven vehicle, in violation il.private property restricted· of ~the terms of this Chapter· The operation of an Unit- . '.Section 89-8. Notice of vim -> censed motor-driven vehicle is' ldti,-m t, parents or guardian, s. !' prOhibited upon private pro- . Whenever any child under ,. petty unless the operator of the age of sixteen (16) years is · said unlicensed motor-driven alleged to have violated this .: vehicle has with him and Chapter, his parent, guardian, i presents written permission of q o~ any person having the care, the owuer of said private pro* c~nstody or control of the child petty to. operate said vehicle shall be notified by the Chief "' on said property. ' 6f Police or any person desig- ' ~atod' ~ him to give such ~ ......... , ,, violation. ?' ' e polic~ .~hall immediately I:~.'imp0un'3 arly unlicensed mo- .i ]tar-driven v.'.hicle operated in ! ~olation of this Chapter. The !I [unlicensed motor-driven ve- l ihicle shall' be returned upon ipayment of the fine or upon 'direction of th~ court. Section 89-10. Penalties for Any-operator ~or parent as 7~ d~fmed in Section 89 7 who ' ~sha~ violate any of:~e Pro~ s!o~8 Of thls Chapter shall l: sentence.' -~ - +~ ....... exceed- ing: two h~:nOred fitrv dollars [ Sectmon' ~9-~' "~_ Conflicts with , State Lawc Should any section, or por-' ti0n of this Chapter be in conflict with the Laws of the = State of New York applicable to th~ operation, registfationi " ownership, or control of un- : licensed motor vehicles, then : in that instance said laws of j the State of New York shall prevail. I Section 89-12. Severability. The provisions of this Chap- ter are declared to be sever- able, 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, sub- sections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being the legislative intent _ that this Chapter shall stand notwithstanding the invalidity of any part thereof, Section 89-13, When effec- tive. This Local Law shall take effect immediately. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during busines hours. NOTICE IS FURTHER GIV, EN that the Town Board of the Town of Southold will- hold ~ public hearing on the afore- said Local Law at the Southold Town Hall, Main Road, South- old, New York, on the 1st day of November, 1983, at 3 o'clock p.m., at which time MI interested persons will be heard. Dated: October 4, 1983. JUDITH T. TERRY SOUTHOLP 'rOWm CLERK iT-10/20/83(21) I,i';'~JAL .~0TI'CE ' NOTICE OF PUBLIC HEARING ON I.OCAL LAW PUBLIC NOTICe: is hereby given that there has been presented ~o the Towff Board et the Town of South01d. Suf-. Iolk County, New York. ou the 4ih day of October. !91~3, a Local I,aw, earl?ed, "^ Law to Regalatc the Operation of Unlicensed Motor-Drive Vehicles," which reads as 'follows, to wit ~ The Code of the Town of Southold is hereby amended by adding thereto a new Chap- ter, to be Chapter ~9 to read as · - follows: Section ag-I. Title This Chapter shall bc kno~m as 'the "Unlicensed Motor- I)rlveu Vehicle Law of the · .'TOwn et Southold". ~ Sectio~t~!l-2. Purpose · The Town Board of the Town et SoUthold recognizes the potential adverse impact on i~ the health, safety and general / welfare el the residents of · : Southold and to property - within the town by the use of ' unlicensed meier-driven '.. vehicles and, therefore, deem ~ it appropriate to control the ".. use o£ said vehicles. Section 89.3. Definitions For the purposes of Ibis Chapter, the following terms ~ shall have the meaning.~ .. indicated: PUBLIC PROPEWrY - Ali streels, sidewalks, easemenls ur any other areas dedicated or com- mealy used by the pablic. UNLICENSED MOTOR- DRIVEN VEHICLE -- Any type of unlicensed motor- i- driven vehicle or convey- '~ race. including but not nec- .: essarily limited to snow-! mobiles. I.wo-wheeled motor. : vehicles known as "trai . ) bikes" and "motor scoot-[ ~i- ers", and four-wheeled.l' i motor vehicles commonlyl' .:: knov~q~ as "go-carts" or "all-:l i~i terrain ~ chicles. I Sechon ~9-4. Operation oni ~own prope, rty prohibited. It shall be unlawful for person to operate any unlicensed motor-driven' Vehi~..le upon any property· : owned or leased by the Town ~ 'of~outhold · .' Sect!on 89-50peratmn o ' ? private property restricted. -- ' The operation of an · unlicensed motor-driven : vehicle is prohibited upon private property unless the. operator, of said unlicensed motor-driven vehicle has him and presents writte6 permission of the owner of said private property t~ operate said vehicle on sai~l .property. Section ~9.6. Exceptions. The provisions uf this C.h~.,p.[ ter shall not affect or pronio~z the following: [ (1) The operation of any un.- licensed motor-driveh vehicle by an officer or employee of the Town Southold, or any School District, Park District, or other Public Improve- ment Districts within the Town of Southol..d, while being operated by such officer or employ/e within the stove of his .. ~- . em~layment. '(2) Tl'/e use and operation of ~ go~ cart~. . ' ' ' i:',) The use and operation of meier-driven wheel- chairs..:-',. SectiOn' 89-7. ResP°hsibilities of percale or guardians. it shall he urdawful for the parent, guardian or any per- son having ~he care· custody and control of any child under the ago of sixteen tle) 3'ea~'~ ?owinglv [o permit such ~b,l.O t~ ',~,l;~:rate an tm!icensed · motor-ariven vehicle i, viola- Lion of the tcrm~ of this Chapter. Sew ,,n 89 I~ No:icc of viola lion I 0 p:l rl~r.l!~ or J~ da I'dl'~ hS Whene%,er an5 ~,ld Ull~el' all~ed ~o haw vmlaled ' Chapter. m~ parent, Buar~an ~r any ~rsor~ h~mn~ ~le care c~iod? or ~nn~el nl the e~ld ~h~l be no(~ied by the ~el nf r~'~i,~ e m' um pol-.~nn (l(- ~[,mc,lb~ } qi~i'~ll('h notice. ' t i SeCtion 8~' Jmpoundmen of've~lcs [~ viOLation.' ' The pulice shall imme~at~ ly impound any u~icensed motor~riven vehicle operated in, violation o[ this Chapter. TBe unlicensed motor-~iven ~'ehici~ ~mll be ret~ned upon ~byment of the tine or upon diredtiun of thcco~t. '.S~fion 89.10 Penalties 'o!fetis~s. '~ ~[~Any: oper, or oarem, as · ~ef~m~d in Scctioa'89.7. who .:~all'.~iolale any of the pro%d- ,sions 'of this Chapler shall, ;uima ~onviction thereof, be 's~ntcnced [oa f~e no~ exce~- ~:iSg 't~o hunted ~'ty dollars ~ ~ 8250 ~)) .' , :~, ~S~tion 8~11. (,~flicts wRh J StaLe Law. [,,'.'ShOuld an~' section or I,port. mn of this Chapter be in :~onfli~t wifh the Laws of the ;State of New York applicable .,1~ the uperation, registration, .'&v~ership or control of ' t~en in that instance said laws "eT the Sta~ of'New York shah .~. ~.':~evail. · " .~; S~etion 89-12. SeverabiliLy. · .' ~) Th6 p~oxfisiovs of ihis Chap- 'l'b~' are declared to be ' ~verable, and if ~y secUon. Suhsecl.iofl, ~enLence. clause · or ~l~se hereol shal], for any ~eason,'be held to be inval,d or ~n'con~t itdtion~l, such ~ecisiun ~hal] not aH'eot the ,~ 'validity oJ the remaining sec- iLi~ns, subsections.' semenccs. :,~lau~es and ~hrases of this ':Ch~pf.e~ but they s~Hrema~ ,'~n ' ~tfect it .being the ,l~cgisia~ive intent that this '.C~pter shah stand noLx~lLh- :'~t~t~ t~e :}nvaHd~' uf auy ' i Section..,B9-13. When ".~'[ective. ' .t ', ,,.~his Lecal' Law shall Lake ,.~ec~,~e~ately. ~:.,' :%~'opi~s uf s~id Local Law are .' ~,~il~l~Je in.)he Office of the :. · '~d~n Clerk to any interested ':' ipersons 'd~Iring business ho~rs. ':' Gl~thaf. the Pown Board '~. 'o~ the ~own of S~uthold will ": ,'hold a pub]i~ h~ring on the ~foresaid Eecal Law at the.~ Southold Town Hall. Main · .Roaff, ~uthdld New York, on' · ~e let day qf November, 1983.. .at 3:(X) o'clock P.M., at which.:, ti.me, a~.[ interested persons ' w~ll be h~rd. DATED:. ~tober 4.1983. ..,. :J~ffH T. TERRYY ,; SOUTHOLD'? .:i TOWN CLERK" STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) JOAN GUSTAVSON of Greenport, in said CounW, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~n~ (~) weeks successively, commencing on the 20 th dayof Octoba~ 19 83 Principal Clark Sworn to before me this 2 0:th d~t_°ber ,~: