[HISTORY: Adopted by the Common Council of the City of Middletown 1-18-2022. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A limited-use vehicle having only two or three wheels, with
a seat or saddle for the operator, and shall have the ability to be
exclusively propelled by anything other than muscular power, and has
a maximum performance speed of not more than 40 miles per hour.
All land and buildings in the City of Middletown not included
in the definition of "public property" nor part of the public road
system.
Lands and buildings, including City parks, owned or leased
or operated pursuant to easement by the City of Middletown, any school
district property, or any property owned or leased by the County of
Orange or the State of New York or any other equivalent body. This
definition specifically excludes any public roadways owned or maintained
by any of the aforementioned public entities.
It shall be unlawful to operate a limited-use motorcycle in
the following locations and/or manners:
A.
Upon or near any public roadway, unless such limited-use motorcycle
is properly registered pursuant to the provisions of New York State
Vehicle and Traffic Law, Chapter 71, Title 11, Article 48A.
B.
Upon public property at any time without express consent or permit
issued by the governmental agency in control of said property.
C.
Upon private property (other than that private property owned by
the family of the operator) without the written consent of all the
owners of the private property. Written consent must be carried with
all limited-use motorcycle operators at all times.
D.
In violation of New York State Vehicle and Traffic Law, Chapter 71,
Title 11, Article 48A, and the rules and regulations of the Department
of Motor Vehicles of the State of New York. Should the Department
of Motor Vehicles require registration or licensing of said vehicles,
then it shall be unlawful to operate said vehicle without proper registration
and licensing.
A person who shall violate a provision of this chapter shall
be guilty, upon conviction, of an offense punishable by a fine of
not more than $2,500, for the first offense and $5,000 for a second
or subsequent offense within a twelve-month period measured from the
date of the first alleged violation of this chapter, or by imprisonment
for a period not exceeding 15 days, or by impoundment of the limited-use
motorcycle for a period not to exceed 60 days, or by any combination
thereof. Limited-use motorcycles that are impounded in violation of
this chapter shall only be released to the titled and/or registered
owner, as listed on a valid title and/or registration, or to a subject
with a proper notarized bill of sale that includes the vehicle identification
number and indicates he/she is the owner of said limited-use motorcycle.
No motorcycle shall be released until the owner pays all towing and
storage fees associated with the impoundment.
