[HISTORY: Adopted by the Town Board of the Town of Niagara 4-9-1985
by L.L. No. 2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 237.
The purpose of this chapter is to protect the public health, welfare,
safety, peace and tranquility by regulating the operation of motorcycles,
limited use motorcycles, snowmobiles and limited use off-road vehicles within
the Town of Niagara. It is also the purpose of this chapter to prevent those
who wish to operate and use motorcycles, limited use motorcycles, snowmobiles
and limited use off-road vehicles from trespassing on public or private property
in the Town of Niagara, from annoying any person or persons and from creating
a public nuisance.
As used in this chapter, the following terms shall have the meanings
indicated:
An unenclosed limited use vehicle having two, three or four wheels
(a quad) with a seat or saddle for the operator. A limited use motorcycle
having the maximum performance speed of more than 20 miles per hour but not
more than 30 miles per hour shall be a Class B limited use motorcycle. A limited
use motorcycle having a maximum speed of performance of not more than 20 miles
per hour shall be a Class C limited use motorcycle.
A vehicle other than one currently licensed to be operated or driven
upon a public highway, which is propelled by any power other than human power.
Every motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor as defined in § 123 of the Vehicle and Traffic
Law.
A self-propelled vehicle designed to 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 as defined by § 21.05, Subdivision 3, of the Parks
and Recreation Law.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited use motorcycle, snowmobile or limited use off-road
vehicle on private lands of another person within the Town of Niagara without
written permission of the owners or occupants of said property. The written
permission must be in the possession of the persons operating the motorcycle,
limited use motorcycle, snowmobile or limited use off-road vehicle and must
be presented upon demand to any peace officer or police officer so demanding.
However, there shall be an exception to the requirement of the necessity for
written permission where there are properly marked trails, in which case it
shall be presumed permission has been obtained from the owner, and there shall
be no written permission necessary.
B.
The following are prohibited within the Town of Niagara
at all times:
(1)
The operation of any motorcycle, limited use motorcycle,
snowmobile or limited use off-road vehicle in such a manner as to disturb
or interfere with the peace and tranquility of persons by creating loud, unnecessary
or unusual noise.
(2)
The operation of any motorcycle, limited use motorcycle,
snowmobile or limited use off-road vehicle in a careless, reckless or negligent
manner so as to endanger or be likely to endanger the safety or property of
any persons, including the operator of the vehicle.
(3)
The operation of any motorcycle, limited use motorcycle,
snowmobile or limited use off-road vehicle at a rate of speed greater than
reasonable or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited use motorcycle,
snowmobile or limited use off-road vehicle, with or without written permission,
within 500 feet of any dwelling other than the dwelling house of the operator.
(5)
The operation of any motorcycle, limited use motorcycle,
snowmobile or limited use off-road vehicle on any lands leased, owned or controlled
by the Town of Niagara except as provided by local law. This shall not be
construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
A.
Section 233-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, limited use motorcycle, snowmobile or limited use off-road vehicle is entering the public highway from a private driveway.
B.
This chapter shall not apply to police and emergency
vehicles.
A failure to comply with the provisions of this chapter shall be deemed
a violation, and the violator shall be subject to a fine not exceeding $250
or imprisonment not exceeding 15 days, or both.
A.
Notwithstanding § 233-5, any enforcement officer of the Town of Niagara, Niagara County Sheriff's Department or New York State Police who shall encounter any person operating a motorcycle, limited use motorcycle, snowmobile or limited use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Niagara Police Department, and such vehicle may be reclaimed by the owner of such vehicle upon payment of expenses and charges necessary and actually incurred by the removal of said vehicle. If the owner of said vehicle is a minor under the age of 18 years, then the parent or guardian of said infant shall accompany the infant on the date the vehicle is picked up and expenses and charges are paid.[1]
B.
In the case of a second or subsequent violation,
the court may order confiscation of said vehicles 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. (Minimum bid should reflect cost
and penalties to date.)
The Town of Niagara Police Department, Niagara County Sheriff's
Department and the New York State Police shall enforce the provisions of this
chapter.
