HomeMy WebLinkAboutLL-2000 #19Local Law. Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY~ NY 12231
(Use this form to f'de a local law with the Secretary of State.)
Text o£ law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of
SOUTHOLD
LOCAL LAW NO. 19 of 2000
A Local Law in Relation to Regulating the Use of Motor-Driven Vehicles on Property of the Town of Southold
and on Privately Oxxmed Property
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 60
§60-1. Intent.
It is the purpose of this chapter to preserve and promote the health, safety and general welfare of those
inhabitants of the Town of Southoid 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 inhabitants of the
To.w~ of Southol. d who wish to use and operate motor-driven vehicles from trespassing on public or
pn.vate property in the Town of Southold from annoying inhabitants and from creating a public
nuisance.
§60-2. Restrictions.
It shall be unlawful to operate or for the owner to permit the operation of any type of motor- driven
vehicles or conveyances, including but not limited to two-wheeled vehicles known as "minibikes,"
"trailbikes" and "motorcycles," three-wheeled vehicles known as" ATV's" or" ATC's" or the like and
four-wheeled motor vehicles known as" go-carts" and "no-wheeled vehicles." such as but not limited to
snowmobiles and limited-use vehicles as defined in Article T of the Vehicle and Traffic Law, under the
following circumstances:
On the private property of another person without the written permission of the owner or
occupant of said property. Said written permission must be in the possession of the person
operating the motor-driven vehicle and must be presented upon demand to any peace officer or
police officer so demanding.
Bo
On any property owned, leased or controlled by the Town of Southold, oxcept on trails duly
designated by the town for the use of such vehicles at the times and in the manner so designated.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DO~239(Rev. 11/99) (1)
Co
On property ownv~by the Town of Southold and on '
private9 owned property as follows:
(1)
In such a manner as to create loud, unnecessary or unusual noises or so as to disturb or
interfere xvith the peace and quiet of other persons.
(2)
In a careless, reckless, negligent or defiant manner so as to endanger or be likely- to
endanger the safety and property of any person, including the operator of said vehicle.
(3) At a rare or speed greater than reasonable or proper under the surrounding circumstances.
(4)
While in an intoxicated condition or under the influence of narcotics or drugs as defined
by § 1192 or the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety without displaying at least (1)
headlight and taillight.
§60-3. Presumptive evidence
The failure of the operator of an off-road vehicle to produce or display written consent of the owner of
the private property on which he is operating shall be presumptive evidence that the operator does not
have the consent of the owner to operate said vehicle on said private property. This presumption shall be
rebuttable.
§60-4.
§60-5.
§60-6.
§60- 7.
Enforcement.
The Southold Police Department, through the Chief of Police of the Town of Southold, any other police
officer and any other peace officer shall enforce the provisions of this chapter.
Exceptions.
This chapter shall not apply to police and emergency vehicles.
Confiscation and redemption of vehicles.
Any member of the Southold Police Department (or any other enforcement officer who shall encounter
any person operating a motor-driven vehicle or conveyance in violation of this chapter) shall
immediately remove said vehicle or conveyance to a place designated by the Chief of Police. 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 vehicle not redeemed within 30 days shall be considered an abandoned
vehicle under the provisions of section 1224 of the New York State Vehicle and Traffic Law.
Penalties for offenses; restitution.
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 of not less than fifty dollars ($50.) nor more
than two hundred fifty dollars ($250.) or to imprisonment of not more than fifteen (15) days, or both
such fine and imprisonment. Each day's continued violation shall constitute a separate offense. In the
case of a second or subsequent violation, the court may order confi.qcation of said vehicle or conveyance
in lieu of any fine and/or imprisonment. Any 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.
lA
In addition, any and all pe~ons, firms or corporation violating or pc, daitting the 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 fifty dollars
($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 preven,~ the enforcement of this chapter by other action.
In addition, any and all persons, forms or corporations violating or permitting a violation of any of the
provistons of this chapter shall be subject to such order or orders of the court as maybe imposed so as to
assure restoration of any public or private property damages, restitution or reimbursement to the town or
private citizens for property damage .or crop loss and/or an order directing community services in
addition to or substitution for the foregoing.
§60-8. Severability.
In any clause, sentence, paragraph, subdivision, section or other part of this Local Law shall for any
reason be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid,
such judgment shall not affect, impair, or invalidate the remainder of this Local Law, and it shall be
construed to have been the legislative intent to enact this Local Law without such unconstitutional or
invalid parts therein.
§60-9. Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the Secretary of the State of
New York.
lB
(Complete the cerfi~.)ation in the paragraph that applies to th~ding of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
[ hereby certify that the local law annexed hereto, designated as local law No. 19 of 20 00 .
~v~_.~j ~v.~j ~tc' ...... ~tr~:,_-~Town~ ~rx ..... ~:~ ~,~ of SOUTHOLD was duly passed by the
TOWN BOARD on SEPTEMBER 12, 20 00 , in accordance with the applicable provisions of law.
ofthe
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approved)(repassed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of w-as duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(specialXannual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable promsions of law,
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested w/th the power to approve or veto local laws or ordinances.
(2)
5. (City local law concerning Ch~ ~r revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city votipg thereon at the (special)(general) election held on 20
became operative. --'
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, desi~ated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a trait voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate 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 I , above.
Clerk of the ~dnty legislative body. CityT~'~Yfl'-or Village Clerk
or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
(Seal) Date:
(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 SUFFOLK
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.
Signat~' (
Mar~C~Wilson, Esq., Assistant Town Attorney
Gregory F. Yakaboski, Esq., Town Attorney
Title
Town of
Date:
(3)
SOUTHOLD
STATE OF NEW YORK
DE:PARTNE:NT OF STATE:
4 I STATE STREET
ALBANY, NY 1223 I -000 I
RECEIVED
OCT 2 3 2000
Southold Town Clerk
ALEXANDER F. TREADWELL
SECRETARy OF STATE
October 16, 2000
ELIZABETH A. NEVILLE
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of So-m'thold, Locat Law 'zg, 200~3, filed
The above referenced material was recezved and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
~~' Brozowski
State Records & Law Bureau
(518) 474-2755
WWW. DOS ;STATE. NY. US · E-MAIL: INFO'DOS.STATE. Ny. US
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 27, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York State Department of State
State Records and Law Bureau
41 State Street
Albany, New York 12231
Re: Local Law Numbers 16 through 19 of 2000
Town of Southold, Suffolk County
Dear Sirs:
In accordance with provisions of Section 27 of the Municipal Home
Rule Law, I am enclosing herewith certified copies of Local Law Numbers
16 through 19 of 2000 of the Town of Southold suitable for filing in your
office.
I would appreciate if you would send me a receipt indicating the
filing of the enclosures in your office. Thank you.
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney
PUBLIC HEARING
SEPTEMBER 12, 2000
8:10 P.M.
ON THE, PROPOSED "LOCAL LAW 1N RELATION TO REGULATING THE USE OF MOTOR-
DRIVEN VEHICLES ON PROPERTY OF THE TOWN OF SOUTHOLD AND ON PRIVATELY
OWNED PROPERTY".
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: This is a hearing in relation to Regulating the Use of Motor-Driven
Vehicles on Property of the Town of Southold and on Privately Owned Property. Bill?
COUNCILMAN MOORE: "Public Notice is hereby given that there has been presented to the Town
Board of the Town of Southold, Suffolk County, New York, on the 15th day of August, 2000, a Local.
Law entitled, "A Local Law in Relation to Regulating the Use of Motor-Driven Vehicles on Property
of the Town of Southold and on Privately Owned Proper¢"' of the Code of the Town of Southold.
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, 53095 Main Road, Southold, New York, and hereby
sets 8:10 P.M., Tuesday, September 12, 2000 as the time and place for a public hearing on this Local
Law, which reads as follows:
LOCAL LAW NO. OF 2000
A Local Law in Relation to Regulating the Use of Motor-Driven Vehicles on Property of the
Town of Southold and on Privately Owned Property
BE IT ENACTED by the Town Board of the Town of Southold as follows:
Chapter 60
{}60-1. Intent.
It is the purpose of this chapter to preserve and promote the health, safety and general welfare
of those inhabitants of the Town of Southold 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 inhabitants of the Town of Southold who wish to use and operate motor-driven
vehicles from trespassing on public or private property in the Town of Southold from annoying
inhabitants and from creating a public nuisance.
§60-2.
Bo
Co
{}60-3.
{}60-4.
{}60-5.
Restrictions.
It shall be unlawful to operate or for the owner to permit the operation of any type of motor-
driven vehicles or conveyances, including but not limited to two-wheeled vehicles known as
"minibikes," "trailbikes" and "motorcycles," three-wheeled vehicles known as "ATV's" or"
ATC's" or the like and four-wheeled motor vehicles known as "go-carts" and "no-wheeled
vehicles." such as but not limited to snowmobiles and limited-use vehicles as defined in Article
T of the Vehicle and Traffic Law, under the folloWing circumstances:
On the private property of another person without the written permission of the owner or
occupant of said property. Said written permission must be in the possession of the person
operating the motor-driven vehicle and must be presented upon demand to any peace officer or
police officer so demanding.
On any property owned, leased or controlled by the Town of Southold, except on trails duly
designated by the town for the use of such vehicles at the times and in the manner so
designated.
On property owned by the Town of Southold and on privately owned property as follows:
(1) In such a manner as to create loud, unnecessary or unusual noises or so as to disturb or
interfere with the peace and quiet of other persons.
(2) In a careless. Reckless, negligent or defiant manner so as to endanger or be likely to
endanger the safety and property of any person, including the operator of said vehicle.
(3) At a rate or speed greater than reasonable or proper under the surrounding
circumstances.
(4) While in an intoxicated condition or under the influence of narcotics or drugs as defined
by § 1192 or the Vehicle and Traffic Law.
Between sunset and sunrise or when lights are required for safety without displaying at least (1)
headlight and taillight.
Presumptive evidence
The failure of the operator of an off-road vehicle to produce or display written consent of the
owner of the private property on which he is operating sha.ll be presumptive evidence that the
operator does not have the consent of the owner to operate said vehicle on said private property
.This presumption shall be rebuttable.
Enforcement.
The Southold Police Department, through the Chief of Police of the Town of
Southold, any other police officer and any other peace officer shall enforce the provisions of
this chapter.
Exceptions.
This chapter shall .not apply to police and emergency vehicles.
§60-6. Confiscation and redemption of vehicles.
Any member of the Southold Police Department (or any other enforcement officer
who shall encounter any person operating a motor-driven vehicle or conveyance in violation of
this Chapter) shall immediately remove said vehicle or conveyance to a place designated by the
Chief of Police. 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
actuallv i. ncUrred by the removal and/or storage of said vehicle or conveyance. Any vehicle not
redeemed within 30 days shall be considered an abandoned vehicle under the provisions of
section 1224 of the New York State Vehicle and Traffic Law.
§60-7. Penalties for offenses; restitution.
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 of not less than fifty dollars
($50.) nor more than two hundred fifty dollars ($250.) or to imprisonment of not more than
fifteen (15) days, or both such fine and imprisonment. Each day's continued violation shall
constitute a separate offense. In the case of a second or subsequent violation, the court may
order confiscation of said vehicle or conveyance in lieu of any fine and/or imprisonment. Any
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 corporation violating or permitting the 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 fifty dollars ($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 thc provisions of this chapter shall not be held to prevent the enforcement of this
chapter by other action.
In addition, any and all persons, forms or corporations violating or permitting a violation of any
of the provisions of this chapter shall be subject to such order or orders of the court as maybe
imposed so as to assure restoration of any public or private property damages, restitution or
reimbursement to the town or private citizens for property damage or crop loss and/or an order
directing community services in addition to or substitution for the foregoing.
{}60-8. Severability.
In any clause, sentence, paragraph, subdivision, section or other part of this Local Law shall for
any reason be adjudged by any court of competent jurisdiction to be unconstitutional or
otherwise invalid, such judgment shall not affect, impair, or invalidate the remainder of this
Local Law, and it shall be construed to have been the legislative intent to enact this Local Law
without such unconstitutional or invalid parts therein.
§60-9. Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the Secretary of the
State of New York·
Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during
regular business hours. By Order of the Southold Town Board of the Town of Southold, Southold,
New York. Dated: September 4, 2000. Elizabeth A. Neville, Southold Town Clerk."
SUPERVISOR COCHRAN: You have heard the reading of the public notice in relation to a "Local
Law in Regulating the Use of Motor-Driven Vehicles on Property of the Town of Southold and on
Privately Owned Property". Anyone like to address the Town Board?
FREDDIE WACHSBERGER: Freddie Wachsberger. You will have to excuse me. I did read this
when it was published, but I ~don't know that I have the text right. When I read it, two questions
basically, when you first held the open Code Committee meeting Idid hand you a response that we got
from the County Commissioner of Police stating that the only effective remedy they had found was to
impound the vehicles, the only thing that stopped recidivism, and all of the laws from other
municipalities that I handed to you had that provision, and my recollection is that you do not have the
provision in this law, and~I wondered why you decided not to do that?
COUNCILMAN MOORE: We do have impoundment in there. In fact, the whole process here is if
yon have the permission of the private property owner. You have to have written proof of that, or it can
be impounded.
FREDDIE WACHSBERGER: That I remembered.
COUNCILMAN MOORE: I have the impoundment procedure here. Confiscate and redemption. Yes,
ma' am.
FREDDIE WACHSBERGER: Okay, good. I had not read that properly when it was published. My
question is more, I guess, about enforcement. I had the situation myself two weeks ago. I looked out
my window, and saw two k/ds riding their motor vehicle right across my backyard, and I realized that
in the moment I took to think, should I call the police, of course, they were well away, and I wondered
if you had consulted with other towns that have these laws, or had thought yourself of how this law
was going to be enforced. In other words, What would be the process by which kids who are riding
where they shouldn't be riding could actually be caught, I guess is my question. How will the law be
enforced?
COUNCILMAN MOORE: It would have to be through the eyes of the community just like any other
law where someone is violating something. If a police officer observes it him or she, they obviously
can enforce that law like any other ordinance. There are going to be places in town where I think over
time the police have a pretty good inkling it is a popular place to do it, and I would suggest that if they
get the phone call saying, hey, they are up by Burrow Lake, or they are out here by such and such a
place, come take a look, and that is often how they handle all kinds of complaints involving
disturbances.
FREDDIE WACHSBERGER: Is it necessary to register the vehicles? In other words, does the
homeowner for instance see a license plate by which they could say, there's no registration?
COUNCILMAN MOORE: No.
FREDDIE WACHSBERGER: And do you have, is there a age limit? I mean, how old does somebody
have to be to ride one?
COUNCILMAN ROMANELLI: There is no registration procedure with the Motor Vehicle. I believe it
is just, you know, when the parents says it okay to ride you can ride.
COUNCILMAN' MOORE: They are not allowed on public roads, you know, because they are not
registered vehicles you are talking about. If you have a registered motorcycle or a piece of equipment
like that you have the right to put it on the road. We are talking about off-road vehicles.
5
FREDDIE WACHSBERGER: That don't have to be registered.
COUNCILMAN MOORE: No.
FREDDIE WACHSBERGER: Today when I was driving out from the city, and I was on the North
Road by Mattituck, I saw a couple of kids waiting on a dirt road to cross the North Road to get to
something on the other side. I mean, obviously that happens all the time, because they have to get from
one area to another. They cross public roads. I mean, what is the criteria for that. That is something
they are not supposed to be doing. So, the next time I see somebody riding in my backyard I could call
the police, and say, there are kids in the area who are riding where they shouldn't be riding.
SUPERVISOR COCHRAN: Sign the complaint if you know who it is. Mr. Dart?
EDWARD DART: Good evening. I am Ed Dart a property owner, and I was just heating this for the
first time, and I think maybe, Bill, you could summarize a little bit what activity are you trying to
restrict by this law, because having a large piece of property, a farm, I might one day want to get a
motorcycle, and raise hell, rip all around with no mufflers, and I don't want to be limited in do that, or
invited guests.
COUNCILMAN MOORE: The key on this one is permission. If it is your property, and you want to
go jump on that motorcycle, and go rip roaring around, knock yourself out. Please, wear a helmet.
EDWARD DART: Okay, but it did say restricting recreational vehicles on private property.
COUNCILMAN MOORE: On your own property if you want to ride your motorcycle around, it is not
registered, knock yourself out.
EDWARD DART: That is what we want to hear.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to the Local Law
on motor-driven vehicles?
CYNTHIA BE1R: My name is Cynthia Beir. I live in Orient on Platt Road. I am interested in two
aspects of the discussion at this particular moment. One that the Town seems to be no discussion with
regard to passing a law about advertising tobacco use with young people, yet there seems to be in this
law no restriction on age or anything that has to do with the health, safety, or welfare of young people.
Two children under the age of ten years old, I would say from looking at them, although I don't have
proof of that, where riding on a dirt bike on Youngs Road in Orient yesterday afternoon without any
supervision at all. It was bound to be a dangerous situation. ! ~vatched them as they turned from Young
Road into a private road that intersects Youngs Road, and it is an accident waiting to happen, and it
seems to me that parental permission is kind of not enough in a situation of this kind. I am a retired
teacher of forty years, and I know that often this kind of activities takes place without parents knowing
anything about it, and it seems to me to me if the Town is really is taking a position on protecting in
some sense the health and welfare of it's young people, that ought to be addressed. In relation to that, I
would like to submit to the Town Board a letter that I wrote after a meeting was held in by the Orient
Association on May 13th, a letter addressed to the Editor of the Suffolk Times, which was published in
the Suffolk Times on May 18th this year, and I would like to submit this letter to the public record if
possible on this particular subject. I would also like to point out at that meeting a young person, a
resident in Orient, stood up at the meeting, which ~vas quite well attended, and said that he had
permission to ride anywhere he wanted to, and he was going to do it no matter what, and it didn't
really matter, because the people who were objecting to that would all be dead in five years anyway.
So, I want to say something about the attitude that is under construction, as it were in relation to young
people, and building some sense of responsibility of what goes on in this town. We are trying hard on
many fronts to build that responsibility and it seems to me that this is a golden area in which to try to
do that. In relation to the comment specifically before mine I would say that sometimes people who
live adjacent to a property owner also are experiencing the joy ride that that property owner is having.
So, it is a little bit tricky to say anybody can do anything on their own property at any time. There is
also another aspect to that. Anyway I would hke to submit my letter if I may.
SUPERVISOR COCHRAN: Anyone else like to address the Town Board in relation to riding on
public and private property, the use of motor driven vehicles? (No response.) If not, I will close the
heating.
Southold Town Clerk
PUBLIC HEARING
AUGUST 15, 2000
8:02 P.M.
ON THE PROPOSED "LOCAL LAW IN RELATION TO REGULATING THE USE
OF MOTOR-DRIVEN VEHICLES ON PROPERTY OF THE TOWN OF SOUTHOLD
AND ON PRIVATELY OWNED PROPERTY, CHAPTER 100 OF THE CODE OF
THE TOWN OF SOUTHOLD".
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The second one is a "Local Law in Relation to Regulating
the Use of Motor-Driven Vehicles on Property of the Town of Southold and on Privately
Owned Property, Chapter 100 of the Code of the Town of Southold". It will be read by
Councilman Moore.
COUNCILMAN MOORE: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York on the 18th day
of July, 2000 a Local Law entitled "A Local Law in Relation to Regulating the Use of
Motor-Driven Vehicles on Property of the Town of Southold and on Privately Owned
Property, Chapter 100 of the Code of the Town of Southold". 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, 53095 Main Road, Southold, New York, and
hereby sets 8:02 P.M., Tuesday, August 15, 2000 as the time and place for a public
heating at which time all interested persons will be heard. The proposed "Local Law in
Relation to Regulating the Use of Motor-Driven Vehicles on Property of the Town of
Southold and on Privately Owned Property, Chapter 100 of the Code of the Town of
Southold" which includes the following:
A Local Law in Relation to Regulating the Use of Motor-Driven Vehicles on
Property of the Town of Southold and on Privately Owned Property, Chapter 60 of
the Code of the Town of Southold:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§60-1. Intent.
It is the purpose of this chapter to preserve and promote the health, safety and general welfare of those
inhabitants of the Town of Southold 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 inhabitants of the Town of Southold
who wish to use and operate motor-driven vehicles from trespass'rog on public or private property in the Town
of Southold from annoying inhabitants and from creating a public nuisance.
§60-2.
Restrictions.
It shall be unlawful to operate or for the owner to permit the operation of any type of motor-driven vehicles,
conveyances, including but not limited to two-wheeled vehicles known as "minibikes." "trailbikes" a~
"motorcycles", three-wheeled vehicles known as aATV's" or 'ATC's" or the like and four-wheeled mote
vehicles known as "go-carts~ and "no-wheeled vehicles." such as but not limited to snowmobiles and limite,
use vehicles as defined in Article I of the Vehicle and Traffic Law, under'the following circumst~aces:
A. On the private property of another person without the written permission of the owner or occupant of
said property. Said written permission must be in the 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. On any property owned, leased or controlled by the Town of Southold, except on trails duly designate
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 Southold and on privately owned property as follows:
(1)
(2)
(3)
(4)
In such a manner as to create loud, unnecessary or unusual noises or so as to disturb or interfe~
with the peace and quiet of other persons.
In a careless, reckless, negligent or defiant manner so as to endanger or be likely'to endanger ti~
safety and property or any person, including the operator of said vehicle.
At a rate or speed greater than reasonable or proper under the surrounding circumstances.
While in an intoxicated condition or under the influence of narcotics or drugs as defined by
1192 &the Vehicle and Traffic Law.
(5)
Between sunset and sunrise or when li~ts are required for safety without displaying at least ('
headlight and taillight.
§60-3. Presumptive evidence.
The failure of the operator of an off-road vehicle to produce or display written consent of the owner of th
private property on which he is operating shall be presumptive evidence that the operator does not have' th
consent of the owner to operate said vehicle on said private property. This presumption shall be rebuttable.
{}60-4.
{}60-5.
Enforcement.
The Southold Police Department, through the Chief of Police of the Town of Southold, any other police offic~
and any other peace officer shall enforce the provisions of this chapter.
Exceptions.
This chapter shall not apply to police and emergency vehicles.
§60-6,
Confiscation and redemption of vehicles.
Any member of the Southold Police Department (or any other enforcement officer who shall encounter any
person operating a motor-driven vehicle or conveyance in violation of this chapter shall immediately remove
said vehicle or conveyance to a place' designated by the Chief of Police. 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 vehicle not
redeemed within 30 days shall be considered an abandoned vehicle under the provisions of section 1224 of the
New York State Vehicle and Traffic Law.
{}60-7.
Penalties for offenses; restitution.
Any person, firm or corporation violating or permitting the violation of any provision of this chapter shall b,
guilty of a violation and shall be subject to a fine of not less than fifty dollars ($50.) nor more than two hundre,
fifty dollars ($250.) or to imprisonment of not more than fifteen (15) days, or both such fine and imprisonmem
Each day's continued violation shall constitute a separate offense. In. the case of a second or subsequen
violation, the court may order confiscation of said vehicle or conveyance in lieu of any fine and/o
imprisonment. Any vehicle or conveyance which is confiscated, pursuant to this section, will be sold at publi
auction according to the appropriate procedures and laws affecting public auctions by municipalities.
In addition, any and all persons, firms or corporation 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 fifty dollars ($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.
In addition, any and all persons, firms or corporations violating or permitting a violation of any of th
provisions of this chapter shall be subject to such order or orders of the court as may be imposed so as to assm
restoration of any public or private property damages, restitution or reimbursement to the town or privat
citizens for property damage or crop loss and/or an order directing community service in addition to c
substitution for the foregoing.
§60-8. Severability.
In any clause, sentence, paragraph, subdivision, section or other part of this Local Law
shall for any reason be adjudged by any court of competent jurisdiction to be
unconstitutional or otherwise invalid, such judgment shall not affect, impair, or invalidate
the remainder of this Local Law, and it shall be construed to have been the legislative
intent to enact this Local Law without such unconstitutional or invalid parts therein.
§60-9. Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the Secretary of
the State of New York.
Copies of this Local Law shall take effect immediately upon filing with the Secretary of
State.
*Underline represents additions
Strikethrough represents deletions
Copies of this Local Law are available in the Office of the Town Clerk to any interested
persons during business. By Order of the Town Board of the Town of Southold,. New
York. August 1, 2000. Elizabeth A. Neville. Southold Town Clerk". I have a copy of the
prints of the legal notice, and that it was on the Town Clerk's Bulletin Board, and no
comments.
SUPERVISOR COCHRAN: You have heard the reading of the public notice in relation
to a Local Law on regulating the use of motor driven vehicles on property in the Town of
Southold, and privately owned property. Is there anyone that would like to address the
Board either pro or con on this proposed Local Law? Anyone like to address the Board
either pro or con? (No response.) If not, I am going to hold this hearing open for two
weeks also.
Southold Town Clerk
PUBLIC HEARING
AUGUST 29, 2000
4:54 P.M.
RESUMED HEARING ON PROPOSED "LOCAL LAW REGULATiNG THE USE OF
MOTOR-DRIVEN VEHICLES ON PROPERTY OF THE TOWN OF SOUTHOLD AND ON
PRIVATELY OWNED PROPERTY".
Present:
Supervisor Jean W. Cochran
Justice Louisa P. Evans
Councilman William D. Moore
Councilman John M. Romanelli
Councilman Brian G. Murphy
Councilman Craig A. Richter
Town Clerk Elizabeth A. Neville
Town Attorney Gregory F. Yakaboski
SUPERVISOR COCHRAN: The next public heating is a "Local Law Regulating the Use of
Motor-Driven Vehicles on Property of the Town of Southold and on Privately Owned Property".
We had a question on this in relation to the notification, and rather than leave it open to question
what I will do is close this hearing, and then we will readvertise, and start at step one, and
readvertise the heating and schedule it in the paper. At this point I am closing the hearing on the
Motor Driven Vehicles.
Southold Town Clerk
· .6~.=;~c~,~' ~W "'~' '.!= -
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ed..to' the TOwn: B'0ar~'.of the ·Town.'of
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7 .'of:' the T0~n' :of'.~6hthoid:
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::".;Somh6id?i ~':'":::...:' .::"7:' :.:~".:f":~ :/". '..':'"~. '.
So.uthold will hold a public.'heari~- ......... passin-g'";~-~glic or p--;iv-at~ property- ....
on the aforesaid 'Docal :Law at the in the Town of Southold from annoy-
Southold Town Hall,. 53095 Main
Road, Southold, New York. and here- public·nuisance.
by sets ·8:10 P.M., Tuesday, September BY OR·DER OF THE TOWN
12. 2000 as the time and place for a BOARD OF THE TOWN OF
public hearing at ~hich time all inter- SOUTHOLD, NEW YORK.
ested persons will be heard. SEPTEMBER 1, 2000
The proposed "Local law in ELIZABETH A. NEVILLE
Relation to Regulating the Use of SOUTHOLDTOWN CLERK
Motor:Driven Vehicles on Property ... 1531-1TS7
of the Town of Southold and o~ k..JlQL,4' [-'h l"' {.~lL t t.5 of Mattituck, in said
Privately OWned Property, Chapter count~, being duly sworn, says that he/she is Principal
100 of., the Code of..the Town of
Southold" which includes i the folloW- clerk of THE SUFFOLK TIMES, a weekly newspaper,
i.g: published at Mattituck, in the Town of Southold,
LOCAL.LAW NO.
oF 2ooo County of Suffolk and State of NewYork, and that the
A.Loc*~ Law i. Re,at, on to Regu, Notice of which the annexed is a printed copy, has
lating the Use of Motor-Driven been regularly published in said Newspaper once
Vehicles on. Property of the Town of
each
week
for
t
Southold and 'on ·Privately Owned
Property, Chapter 100 of the Code of
the .Town of Southold" 'to preserve
and promote the health, safety and
gefieral welfare of the citizens of the
Town of Soutl~old and ihose indi-
viduals who. wish to operate motor-
comme_n, cing .
on
weeks successively,
the *"'[ ~ day
20/~')(~) .
.) Principal Clerk
20 oo
driven vehicles on private a,nd munic-
. ipal property and to prevent those
- individuals·who wish to use and oper-
ate motor-driven vehicles from tres-
Sworn to before me this
day of ~,~
CHRISTINA T. WEBER
Notary Public, State of New York
No. OtWE6034554