[HISTORY: Adopted by the Board of Trustees of the Village
of Hudson Falls 2-13-2012 by L.L. No. 1-2012. Amendments noted where
applicable.]
The purpose of this chapter is to protect the public health,
welfare and safety by regulating the operation of off-road recreational
vehicles within the Village of Hudson Falls in a manner which will
minimize detrimental effects of such use on the environment and prevent
accidents to pedestrian travelers and other users of property in the
Village of Hudson Falls.
As used in this chapter, the following teens shall have the
meanings indicated:
Real property owned, leased or used by the Village of Hudson
Falls.
Every unenclosed, limited-use motor vehicle having a seat
or saddle for the use of the rider and designed to travel with two,
three or four wheels in contact with the ground (excluding a tractor),
whether known as a "motorcycle," "all-terrain vehicle," "minibike,"
"trail bike," "snowmobile" or by any other name, whether or not said
vehicle is, in fact, registered for operation on the public highways.
A.
No person shall operate an off-road recreational vehicle or ride
as a passenger unless he/she is wearing a protective helmet of a type
approved by the Commissioner of Motor Vehicles pursuant to Subdivision
6 of § 381 of the New York State Vehicle and Traffic Law.
B.
Liability insurance must be provided by the owner of an off-road
vehicle as provided in § 2407 of the New York State Vehicle
and Traffic Law.
C.
Each off-road recreational vehicle must be registered and numbered
in accordance with the Department of Motor Vehicle requirements and
regulations set forth in Article 48-B of the New York State Vehicle
and Traffic Law.
A.
It shall be unlawful to operate an off-road recreational vehicle
for sport or recreation during the period of 8:00 p.m. until 9:00
a.m.
B.
It shall be unlawful to operate an off-road recreational vehicle
for sport or recreation within 100 feet of a dwelling other than the
dwelling of the owner or operator of the off-road recreational vehicle.
C.
It shall be unlawful to operate an off-road recreational vehicle
within 75 feet of a right-of-way or highway within the limits of the
Village of Hudson Falls, except as provided in § 2403 of
the New York State Vehicle and Traffic Law.
D.
It shall be unlawful for the owner or other person in possession
of an off-road recreational vehicle to authorize or knowingly permit
any person wider the age of 16 to operate an off-road recreational
vehicle in violation of any provision of this chapter. However, a
person between the ages of 10 and 16 may operate an off-road recreational
vehicle in accordance with this chapter when accompanied by a parent
or legal guardian.
E.
It shall be unlawful to operate an off-road recreational vehicle
on private property which is not owned by the operator, except if
that private property is owned by an immediate family member of the
operator or the operator has consent of all the owners of the private
property.
F.
It shall be unlawful to operate any off-road recreational vehicle
at a rate of speed greater than reasonable and prudent.
G.
It shall be unlawful to operate an off-road recreational vehicle in violation of the noise ordinance found in Chapter 138.
H.
It shall be unlawful to operate an off-road recreational vehicle
so as to cause it to propel sand, dirt, dust, rocks, gravel or other
similar materials into the air so as to be likely to injure persons
and/or damage property.
I.
It shall be unlawful to operate an off-road recreational vehicle
near any public roadway so that the operation of said off-road recreational
vehicle causes operators of automobiles, motorcycles or trucks to
take evasive or irregular action to move away from said off-road recreational
vehicle.
J.
It shall be unlawful to operate an off-road recreational vehicle
while under the influence of drugs or alcohol.
The Mayor of the Village of Hudson Falls or the Chief of the
Village of Hudson Falls Police Department may waive provisions of
this chapter in the event of an emergency or other special event in
which a general public interest is manifested.
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 $100 on the first offense and $250 for each subsequent
offense.
In the event that this chapter or any of the provisions herein
shall conflict or vary with the existing or prevalent state law involving
the operations of off-road recreational vehicles, such inconsistences,
conflicts or variations shall be governed or controlled in favor of
state law.
This chapter does not prohibit individuals from using their
ATV for the purpose of snowplowing or general property maintenance,
nor does this law prohibit individuals from loading or unloading their
ATVs from trailers and/or trucks for the purpose of transport.
