[HISTORY: Adopted by the Town Board of the Town of Farmington 6-10-1986
by L.L. No. 3-1986 (Ch. 19 of the 1969 Code). Amendments noted where applicable.]
This chapter shall be known as the "Farmington Recreational Vehicles
Local Law."
It is the purpose of this chapter to preserve and promote the health,
safety and general welfare of those inhabitants of the Town of Farmington
who wish to use and operate motor-driven recreational vehicles on private
property or municipal property. It is also the purpose of this chapter to
prevent those inhabitants of the Town of Farmington who wish to use and operate
motor-driven recreational vehicles from trespassing on public or private property
in the Town of Farmington, from annoying inhabitants and creating a public
nuisance.
It shall be unlawful to operate or for the owner to permit the operation
of any type of motor-driven recreational vehicles or conveyances including
but not limited to two-wheel vehicles known as "minibikes," "trailbikes" or
"motorcycles"; three- or four-wheeler all-terrain vehicles; four-wheel motor
vehicles known as "go-carts" and "mud trucks" under the following circumstances:
A.
On private property of another without written permission of the owner or occupant of said property. Said written permission must be presented upon demand to any peace officer or police officer, but it shall be a defense to a charge of violating the provisions of this Subsection A that the defendant produced in court upon arraignment such written permission from the landowner.
B.
On property owned, leased or controlled by the Town of
Farmington, except on trails designated by the Town for the use of such vehicles
and during the times and in the manner so designated.
C.
On property owned by the Town of Farmington and on privately
owned property as follows:
(1)
In such a manner or with inadequate noise muffler so
as to create loud, unnecessary or unusual noise which disturbs or interferes
with the peace and quiet of other persons.
(2)
In a careless, reckless or negligent manner so as to
endanger the safety or property of any person, including the operator of said
vehicle.
(3)
At a speed greater than is reasonable and prudent under
the conditions and having regard to the actual and potential hazards then
existing.
(4)
While in an intoxicated condition or while his ability
to operate such a vehicle is impaired by the use of a drug as defined in the
Vehicle and Traffic Law of the State of New York.
(5)
During the period from 1/2 hour after sunset to 1/2 hour
before sunrise without displaying at least one lighted headlight and taillight.
(6)
With or without written permission within 100 feet of
any dwelling other than the dwelling house of the operator.
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 to knowingly
permit such child to operate a motor-driven recreational vehicle in violation
of 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 may be notified by a police officer or other person
designated by him to give such notice.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York, the laws of the State of New York shall prevail.
Any police officer or peace officer or other person as provided by law
may enforce the provisions of this chapter.
This chapter shall not apply to emergency operation of an authorized
emergency vehicle as defined in the Vehicle and Traffic Law of the State of
New York.
Any member of the Ontario County Sheriffs Department and/or the New
York State Police or any other enforcement officer, who shall encounter any
person operating a motor-driven recreational vehicle or conveyance in violation
of this chapter may remove said vehicle or conveyance to a place designated
by the arresting officer's department. The owner or duly designated agent
of the owner of such vehicle or conveyance may regain the same upon payment
of all expenses and charges necessarily and actually incurred by the removal
and/or storage of said vehicle or conveyance.
The violation of any provision of this chapter shall be a violation
punishable by a fine of not less than $10 nor more than $250 or by imprisonment
for a term not to exceed 15 days, or by both such fine and imprisonment.
