[HISTORY: Adopted by the Town Board of the Town of Batavia 9-3-1986
by L.L. No. 1-1986. Amendments noted where applicable.]
The intent of this chapter is to control the recreational use of off-highway
vehicles as defined herein in order to prevent injury to persons and damage
to property, to protect the rights of the residents of the Town of Batavia
to the peaceful enjoyment of their properties, and further generally to promote
the health, safety and welfare of the residents of the Town of Batavia.
A.
For the purpose of this chapter, certain words and terms
are herein defined. Words in the present tense include the future, the singular
includes the plural, and the plural includes the singular. Words in the masculine
gender include the feminine and neuter. "Shall" is always mandatory and not
directive. Other words, except when specifically defined herein, shall have
the meanings commonly attributed to them.
B.
MUNICIPAL CORPORATION
OFF-HIGHWAY VEHICLE
OPERATOR
PERSON
POLICE AGENCY
PRIVATE PROPERTY
PUBLIC PROPERTY
TOWN
As used in this chapter, the following terms shall have
the meanings indicated:
Includes a county, city, town, village, school district, fire district,
or a special or improvement district of a county or town.
Any vehicle propelled by other than muscular power, including but
not limited to snowmobiles; two-wheeled motor vehicles known as trail bikes,
minibikes, and motor scooters; three-wheeled motor vehicles known as all-terrain
cycles; and four-wheeled motor vehicles known as go-carts or all-terrain vehicles,
excluding the following: farm vehicles, lawn and garden tractors and other
similar equipment designed primarily for property upkeep and maintenance and
not for recreational use and also excluding vehicles owned or operated by
any municipal corporation, police agency or fire department.
Every person who operates or is in actual possession or physical
control of the off-highway vehicle.
Any individual, partnership, corporation, association or any body
of persons, whether incorporated or not.
Any public police or public law enforcement agency, whether federal,
state or municipal.
All other property in the Town of Batavia that is not public property
as defined herein.
All streets, sidewalks, easements or any other areas dedicated or
commonly used by the public in the Town of Batavia.
The Town of Batavia, Genesee County, New York.
It shall be unlawful for any person to ride, operate, maneuver or place
any off-highway vehicle upon public property.
A.
It shall be unlawful for any person to ride, operate,
maneuver, park or place any off-highway vehicle on property not owned or leased
by him or by a parent, brother, sister, or child of his without the express
written consent of the owner or one of the owners of said property.
B.
Any written consent required by Subsection A above shall be deemed void and of no effect unless it is signed by the owner or his authorized representative and dated within six months. Said written consent shall further be deemed void and of no effect if it has been revoked by the owner or his authorized representative. Said written consent shall be subject to any terms and conditions the owner or his authorized agent shall deem appropriate.
C.
An owner or his authorized agent may revoke any written
consent granted pursuant to this section by:
(1)
Orally communicating said revocation directly to the
person previously granted said consent;
(2)
Personally delivering to said person a written statement
revoking the written consent; or
(3)
Mailing a written statement revoking said consent to
the last known residence or business address of the person previously granted
said written consent by regular first class mail and delivering a copy of
said written revocation to the Town Clerk.
D.
Where written consent is required pursuant to this section,
a copy of the written consent conforming to the provisions of this section
shall be carried on the person of each operator of the off-highway vehicle
and shall be produced for inspection upon the request of any peace officer
or police officer.
E.
The provisions of this section shall not apply to off-highway
vehicles if:
(1)
They are being used for agricultural purposes or for
the upkeep and maintenance of real property;
(2)
When used for such purposes, said vehicle or vehicles
are operated at a speed of 10 miles per hour or less; and
(3)
Said vehicles are not operated in violation of any other
applicable laws, ordinances, rules or regulations.
It shall be unlawful for the parent, guardian or any 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-highway vehicle in violation of the
terms of this chapter.
A.
The peace officer or police officer shall immediately
impound any off-highway vehicle that is operated in violation of any section
or sections of this chapter. The off-highway vehicle shall be returned to
the owner upon payment of expenses and charges necessarily or actually incurred
for the impoundment of said vehicle and payment of any fine that may be imposed
by the court for said violation, or upon direction of the court.
B.
In the case of a second or subsequent violation by the
same person, the court may order the 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 person, or parent, as defined in § 223-5 above, 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.
