[HISTORY: Adopted by the Town Board of the Town of Newstead 2-11-1991
by L.L. No. 3-1991 (Ch. 92 of the 1988 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 388.
The Town Board of the Town of Newstead recognizes the potential adverse
impact on the health, safety and general welfare of the residents of the Town
of Newstead and to property within the Town by the unpermitted use off-road
motor-driven vehicles on private property and Town property and, therefore,
deems it appropriate to control the use of said vehicles.
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Any type of motor-driven vehicle or conveyance, including but not
necessarily limited to snowmobiles, two-wheeled motor vehicles known as "trail
bikes" and "motor scooters," three-wheeled motor vehicles known as "all-terrain
cycles" and four-wheeled motor vehicles commonly known as "go-carts" or "all-terrain
vehicles," excluding motor vehicles as defined in § 125 of the Vehicle
and Traffic Law of the State of New York and which are registered in accordance
with Articles 14 and 15 of the Vehicle and Traffic Law of the State of New
York, and farm tractors and equipment.
All streets, sidewalks, easements or any other areas dedicated or
commonly used by the public within, and all real property owned by, the Town
of Newstead.
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.
[Amended 4-24-1997 by L.L. No. 1-1997]
It shall be unlawful for any person to operate any motorized vehicle
or snowmobile upon any public property owned by the Town of Newstead unless
specifically authorized to do so by resolution of the Town Board of the Town
of Newstead, which resolution must specifically authorize the individual or
group authorized to operate upon Town property and the type of motorized vehicle
or snowmobile. This shall not apply to vehicles driven in designated driveways
or parking areas of Town buildings or in designated driveways or parking areas
in Town parks or recreation areas.
The operation of any off-road motor-driven vehicle is prohibited upon
all private real property within the Town unless the operator of said off-road
motor-driven vehicle has with him and, upon demand of a law enforcement officer,
presents the written permission of the owner or lessee of said private property
to operate said vehicle on said property.
A.
Employees of the Town of Newstead who shall operate off-road
motor-driven vehicles within the scope of employment shall be exempted from
this chapter.
B.
This chapter shall not apply to police or emergency vehicles.
C.
This chapter shall not apply to the operation of off-road
motor-driven vehicles on real property owned by the operator of such vehicle
or by the parent or legal guardian of such operator.
D.
In any prosecution for a violation of this chapter, it
shall be a defense (the burden of proof for which is on the defendant) that
the operator of the off-road motor-driven vehicle had the permission of the
owner or lessee of the real property upon which the alleged violation occurred
to operate an off-road motor-driven vehicle.
It shall be unlawful for a parent, guardian or other person having the
care, custody and control of any child under the age of 16 years knowingly
to permit such child to operate an off-road motor-driven vehicle in a manner
that violates the terms of this chapter.
Whenever any child under the age of 16 years is alleged to have violated
this chapter, his parent, guardian or any person having the care, custody
or control of the child shall be notified by the Clerk of the Court or any
person designated by him to give such notice.
A.
The law enforcement officer shall immediately impound
any off-road motor-driven vehicle operated in violation of this chapter. The
off-road motor-driven vehicle shall be returned to the owner upon direction
of the court or upon payment of the fine ordered by the court as a penalty
and the expenses and charges necessarily and actually incurred for the impoundment
of said vehicle or $250, whichever is greater.[1]
B.
If the owner of said vehicle is a minor under the age
of 18 years, then and in that case, the parent or guardian of said infant
shall accompany the infant on the date the vehicle is reclaimed and the expenses
and charges are paid.
C.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicle 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.
Any operator or parent, as defined in § 396-6, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York, including laws applicable to the operation,
registration, ownership or control of motor vehicles, then and in that instance,
said laws of the State of New York shall prevail.
A.
This chapter shall be deemed to supersede and repeal
any other ordinances and local laws to the extent inconsistent therewith.
B.
If any part of this chapter shall be judicially declared
to be invalid, void, unconstitutional or unenforceable, all unaffected provisions
hereof shall survive such declaration, and this chapter shall remain in full
force and effect as if the invalidated portions had not been enacted.
C.
Nothing herein shall be deemed to be a waiver of or restriction
upon any rights and powers available to the Town of Newstead to further regulate
the subject matter of this chapter.
