ARTICLE IV Regulations and Restrictions
§ 275-25. Title.
This Part 2 shall be known and may be cited as the “Yorktown Unregistered Vehicles Law.”
§ 275-26. Legislative purpose.
The Town Board of the Town of Yorktown recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Town of Yorktown, and to property within the Town by the use of unregistered motor-driven vehicles, and therefore, deems it appropriate to control the use of said vehicles.
§ 275-27. Definitions.
For the purpose of this Part 2, the following terms shall have the means indicated:
PUBLIC PROPERTY — All streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic, including any real property situated within the Town of Yorktown which is used for educational purposes or purposes incidental thereto.
TOWN-OWNED LAND — All parks, recreation areas, ball parks, lake areas, storage facilities, garage areas, parking areas and any and all other Town owned land and premises.
UNREGISTERED MOTOR-DRIVEN VEHICLE — Any type of unregistered motor-driven vehicle or conveyance, including, but not necessarily limited to, two-wheel motor known as “minibicycles,” “trail bicycles” and “motor scooters” and four-wheel motor vehicles commonly known as a “go-carts” or “all-terrain vehicles,” but not including any vehicle used for agricultural landscaping or lawn maintenance purposes.
§ 275-28. Operation on public property prohibited.
It shall be unlawful for any person to operate any unregistered motor-driven vehicle upon any public property or Town-owned land in the Town of Yorktown.
§ 275-29. Operation on private property restricted.
The operation of an unregistered motor-driven vehicle is prohibited upon private property unless the operator of said unregistered motor-driven vehicle has the written consent of the owner of said private property to operate said vehicle on said property on said operator’s person.
§ 275-30. Parking on public or private property; impounding.
A. No person shall cause any vehicle which is not properly registered and which does not have properly affixed license plates to be parked on or in any public area or any private property accessible to the public within the Town of Yorktown (specifically, including but not limited to all Town-owned parking lots, all Town parks, all shopping center parking lots, all office building parking lots accessible to the public, all store parking lots accessible to the public, and all business parking lots accessible to the public) for a continuous period of 96 hours. Such vehicle may be removed after 96 hours. Each 24 hours that such a vehicle remains in such parking area, lot, property or park, beyond the initial 96 hours, shall constitute an additional, separate and distinct offense. [Amended 2-5-1991 by L.L. No. 9-1991]
B. If said vehicle remains parked for the stated continuous period of 96 hours, the Yorktown Police Department may have such vehicle removed and impounded and charge the owner thereof for all expenses of removal and storage, along with the applicable fines. If the vehicle so removed is not redeemed, or if the applicable fines and costs of removal are not paid within 30 days after the levy of the fines or after notice to the owner that the vehicle has been removed is received by the owner, whichever is sooner, the Town may undertake to sell the vehicle at public auction. [Amended 2-5-1991 by L.L. No. 9-1991]
C. The last registered owner shall be deemed to have placed such a vehicle in the place where it is found, and, in addition to the penalties set forth under § 275-36, shall be responsible for the costs of removal and storage of such vehicle.
D. This Part 2 shall be enforced by the Yorktown Police Department. [Added 10-4-1988 by L.L. No. 37-1988]
§ 275-31. Creation of noise or disturbance prohibited. [Amended 11-1-1988 by L.L. No. 40-1988]
It shall be unlawful to operate any registered or unregistered motor-driven vehicles, alone or together with other registered or unregistered motor vehicles, in a manner so as to create loud, unnecessary or unusual noise which disturbs or interferes with the peace and quiet of other persons. It shall be unlawful to operate any unregistered motor-driven vehicles between the hours of 8:00 p.m. and 10:00 a.m.
§ 275-32. Careless, reckless or negligent operation prohibited.
It shall be unlawful to operate any unregistered motor-driven vehicle in a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any person.
§ 275-33. Exceptions.
It shall not be unlawful for any employee of the Town of Yorktown to operate unregistered motor-driven vehicles for the purpose of maintaining, repairing or doing any public work within the scope of his employment.
§ 275-34. Responsibility of parent or guardian.
It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of 16 years to knowingly permit such child to operate an unregistered motor-driven vehicle in violation of the terms of this Part 2.
§ 275-35. Notice of violation.
Whenever any child under the age of 16 years is alleged to have violated this Part 2, 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 given such notice. Notification by the Chief of Police or any person designated by him shall be by registered mail, return receipt requested to the parent, guardian or person having the care, custody or control of the child setting forth the date, time, place and manner of the alleged violation. In the event of an alleged second or subsequent violation of this Part 2, proof of a prior notification as herein provided shall constitute prima facie evidence that the parent, guardian or any person having the care, custody or control of the child did knowingly permit said child to operate an unregistered motor-driven vehicle in violation of this Part 2.
§ 275-36. Penalties for offenses.
Any operator or parent, as defined in § 275-34, who shall violate any of the provisions of this Part 2 shall, upon conviction thereof, be sentenced to a fine not exceeding $100. In addition, such violation shall constitute disorderly conduct and an operator violating same shall be a disorderly person.
§ 275-37. Conflicts with state law.
Should any section or portion of this article be in conflict with the laws of the State of New York applicable to the operation, registration, ownership or control of unregistered motor vehicles, then in that instance said laws of the State of New York shall prevail.