[HISTORY: Adopted by the Town Board of the
Town of Colonie 3-11-1982 by L.L. No. 6-1982. Amendments noted where
applicable.]
The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility by regulating
the operation of motorcycles, snowmobiles and limited-use off-road
vehicles within the Town of Colonie. It is also the purpose of this
chapter to prevent those inhabitants of the Town of Colonie who wish
to use and operate motorcycles, snowmobiles and limited-use off-road
vehicles from trespassing on public or private property in the Town
of Colonie, from annoying inhabitants and from creating a public nuisance.
As used herein, the following words shall have
the meanings set forth below:
An unenclosed limited-use vehicle having only two or three
wheels, with a seat or saddle for the operator. A limited-use motorcycle
having a maximum performance speed of more than 30 miles per hour
but not more than 40 miles per hour shall be a Class A limited-use
motorcycle. A limited-use motorcycle having a maximum performance
speed of more than 20 miles per hour but not more than 30 miles per
hour shall be a Class B limited-use motorcycle. A limited-use motorcycle
having a maximum performance speed of not more than 20 miles per hour
shall be a Class C limited-use motorcycle.
A vehicle, other than one currently licensed to be operated
or driven upon a public highway which is propelled by any power other
than human power.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported, in whole or in part,
by one or more skis, belts or cleats.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited-use motorcycle, snowmobile or limited-use
off-road vehicle on private lands of another person within the Town
of Colonie without written permission of the owners or occupants of
said property. Said written permission must be in the possession of
the persons operating the motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle and must be presented upon demand
to any peace officer or police officer so demanding.
B.
The following are prohibited within the Town of Colonie
at all times:
(1)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle in such a manner as to
create loud, unnecessary or unusual noise, so as to disturb or interfere
with the peace and tranquility of other persons.
(2)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle in a careless, reckless
or negligent manner so as to endanger or be likely to endanger the
safety or property of any persons, including the operator of said
vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle at a rate of speed greater
than reasonable or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle with or without written
permission within 1,000 feet of any dwelling other than the dwelling
house of the operator.
(5)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle on any lands leased, owned
or controlled by the Town of Colonie, except as provided by this chapter.
A failure to comply with the provisions of this
chapter shall be deemed a violation, and the violator shall be subject
to a fine not exceeding $250 or imprisonment not exceeding 15 days,
or both.
A.
Notwithstanding § 184-5, any enforcement officer of the Town of Colonie Police Department who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter shall remove said vehicle to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such vehicle may regain same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle.
B.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicles in lieu of any fine
and/or imprisonment. Any vehicle which is confiscated pursuant to
this section will be sold at public auction according to the appropriate
procedures and law affecting public auctions by municipalities.
The Town of Colonie Police Department shall
enforce the provisions of this chapter.
