Pursuant to N.Y. Vehicle and Traffic Law § 2403, Subdivision
2, nonresidents of the Town of Pendleton are prohibited from use of
all-terrain vehicles or ATVs (i.e., any self-propelled vehicle which
is manufactured for sale for operation primarily on off-highway trails
or off-highway competitions and only incidentally operated on public
highways providing that such vehicle does not exceed 70 inches in
width or 1,000 pounds' dry weight) on any and all Town of Pendleton
properties. This definition shall not include and/or prohibit nonresidents
of the Town of Pendleton from the use of a snowmobile or other self-propelled
vehicle manufactured for off-highway use exclusively 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 which utilize
an endless belt tread on any and all Town of Pendleton properties.
Except as hereinafter provided, no resident of the Town of Pendleton
shall operate any all-terrain vehicle or ATV on any of the Town of
Pendleton-owned properties unless the following requirements have
been satisfied and are in all respects current and in full force and
effect:
In accordance with New York Vehicle and Traffic Law § 2282,
Subdivision 1, an all-terrain vehicle or ATV must have a current registration
and number, and the registration number for such ATV must be in full
force and effect and displayed as provided under such article and
regulations promulgated thereunder.
In accordance with New York Vehicle and Traffic Law § 2286,
Licensing by municipalities, such all-terrain vehicle or ATV must
obtain a permit from the Town Clerk.
Proof of insurance of such all-terrain vehicle or ATV must be provided
to the Clerk of the Town of Pendleton at the time of the issuance
of such permit by the Clerk of the Town of Pendleton. (The amount
of the required insurance coverages shall be established annually
by the Town of Pendleton.)
In accordance with New York Vehicle and Traffic Law § 2411,
"Negligence in the use of[1] operation of an ATV shall be attributable to the owner.
Every owner of an ATV used or operated in this state shall be liable
and responsible for death or injury to person or damage to property
resulting from negligence in the use or operation of such ATV by any
person using or operating the same with the permission, express or
implied, of such owner, provided, however, that such operator's negligence
shall not be attributed to the owner as to any claim or cause of action
accruing to the operator or his legal representative for such injuries
or death."
A waiver and release of liability of the Town of Pendleton together
with an agreement to indemnify the Town of Pendleton from any and
all liability shall be signed and filed with the Clerk of the Town
of Pendleton at the time of such annual permit.
The use by residents of all-terrain vehicle or ATV shall be in all
respects limited to the nonpaved portions of the Linear Multiple Use
Trail, and any additional areas that are designated for vehicular
traffic and vehicular parking.
Any violation of this article shall be punishable by a minimum
fine of not less than $100 and a maximum fine not to exceed $500.