[HISTORY: Adopted by the Town Board of the Town of Niagara 5-25-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
A. 
No person shall operate an all-terrain vehicle (ATV) or any other motorized not-street-legal vehicle within any Town or New York State park within the Town of Niagara.
B. 
No person shall operate an ATV or other motorized not-street-legal vehicle on any Town, county, or New York State highway or roadway located within the Town of Niagara. These regulations shall not apply to any ATV or other motorized vehicle owned and used by the Town of Niagara Police Department, Niagara County Sheriff's Department, or any New York State or United States government emergency or law enforcement agency in furtherance of their official duties.
C. 
Violations of either of the above sections shall be punishable by fine of up to $2,500 and/or the seizure of the ATV.
(1) 
First-time violators may be fined up to $2,500 plus storage and processing fees of $100 per day.
(2) 
Second-time violators may also have their ATV appropriated by the Town if, in addition to having the second violation, the vehicle owner does not have the following acceptable proof of ownership:
(a) 
For a new ATV — the manufacturer's certificate or statement of origin (MCO or MSO), and out-of-state title certificate, or registration certificate; or
(b) 
For a used ATV — a completed certification of sale or transfer (MV-51) plus the MCO or MSO; or, a New York State transferable registration signed over to you by the previous owner.
(c) 
If your ATV has never been registered and you do not have these acceptable documents, you must complete and submit a statement of ownership through the Department of Motor Vehicles (MV-51B).
D. 
Required protective gear. Any ATV operator or passenger must wear a United States Department of Transportation (USDOT) approved helmet when riding an ATV. The Department of Motor Vehicles (DMV) recommends the wearing of a face shield or goggles, and protective clothes and footwear.
E. 
ATVs must have the following equipment:
(1) 
Brakes in good condition.
(2) 
A muffler which is in good operating condition and meets federal standards.
(3) 
A spark arrester approved by the U.S. Forest Service.
(4) 
Tires with at least 2/32 of an inch tread without visible breaks, cuts, exposed cords, bumps or bulges.
(5) 
A lighted white headlight and red taillight if the ATV is driven at night.
(a) 
The law requires you to keep the ATV's headlight and taillight lighted when riding a half-hour after sunset to a half-hour before sunrise. For greater safety, the DMV recommends you keep the lights on at all times.
F. 
Any individual found operating an ATV without the required protective gear or equipment above may be fined up to $1,000, and their vehicle shall be subject to seizure by the Town. If the ATV operator and/or the ATV have had two or more prior violations, the vehicle may be appropriated by the Town.