[HISTORY: Adopted by the Town Board of the Town of Ghent 5-7-1987
by L.L. No. 2-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic generally — See Ch. 175.
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of off-highway vehicles within the
Town of Ghent in a manner which will minimize detrimental effects of such
use on the environment and to prevent accidents and the unauthorized use of
such vehicles on private lands and public highways.
As used in this chapter, the following words shall have the meanings
established below:
The entire width between the boundary lines of any right-of-way or
travelled way or place when any part thereof is open to the use of the public,
as a matter of right, for the purposes of vehicular traffic. This term includes
state highways, County highways, Town highways, by both dedication or use,
private roads and public parking lots.
Real property owned, leased or used by the Town of Ghent or any governmental
agency.
Any self-propelled vehicle which is manufactured and sold for operation
primarily on areas which are not public highways, having a seat or saddle
for the use of the rider and designed to travel with wheels in contact with
the ground, and shall include such vehicles as are commonly known as motorcycles,
minibikes, trail bikes, all-terrain vehicles and mopeds, but shall not include
such vehicles which are intended to be utilized and actually utilized primarily
for agricultural business, gardening or property maintenance purposes.
To ride in or on, other than as a passenger, or to use or control
the operation of an off-highway vehicle in any manner, whether or not said
off-highway vehicle is under way.
Every person who operates or is in actual physical control of an
off-highway vehicle.
Any person having title to an off-highway vehicle. If an off-highway
vehicle is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not, after delivery of such
off-highway vehicle, be deemed an owner within the provisions of this section,
but the vendee or his assigns shall upon receipt of possession thereof be
deemed such owner, notwithstanding the terms of said contract, until the vendor
or his assignee shall retake possession of such vehicle. A person holding
only a security interest in an off-highway vehicle shall not be deemed an
owner unless such person has possession of such off-highway vehicle.
That portion of the highway which lies outside the paved or unpaved
roadway immediately adjacent to the portion of the roadway which may be used
by motor vehicles.
A.
It shall be unlawful for any person to drive or operate
any off-highway vehicle on private lands or municipal property within the
Town of Ghent without written permission of the owners or occupants of said
private lands or written permission of the authorities having control of said
municipal property. Said written permission must be in the possession of the
persons operating the off-highway vehicle and must be presented, upon demand,
to any peace officer or police officer so demanding.
B.
It shall be unlawful to operate any off-highway 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 said vehicles.
C.
It shall be unlawful to operate any off-highway vehicle
at a rate of speed greater than is reasonable and prudent.
D.
It shall be unlawful to operate any off-highway vehicle
within 100 feet of any dwelling other than the dwelling house of the owner
or operator.
E.
It shall be unlawful to operate any off-highway vehicle
on any highway or highway shoulder. Such vehicle may make a direct crossing
of a street or highway, at any time of day, provided that:
(1)
The crossing is made at an angle of approximately 90°
to the direction of the highway and at a place where no obstruction prevents
a quick and safe crossing.
(2)
The vehicle is brought to a complete stop before crossing
the shoulder or main travelled way of the highway.
(3)
The driver yields the right-of-way to all oncoming traffic
on the highway.
(4)
Crossings made between the hours of 1/2 hour after sunset
or 1/2 hour before sunrise, or under conditions of reduced visibility, shall
be made only with both front and rear lights on.
F.
It shall be unlawful for any person under the age of
10 years to operate an off-highway vehicle. No person under the age of 16
years shall operate an off-highway vehicle except upon lands owned or leased
by his parent or guardian, unless that person is under general supervision
of a person 18 years of age or over or a person 16 years of age or over who
holds an ATV safety certificate as defined by the Vehicle and Traffic Law
of the State of New York. "Leased lands" as herein used shall not include
lands leased by an organization of which said operator or his parent or guardian
is a member. A person 10 years of age but less than 16 years of age who has
received safety training as prescribed by the Commissioner of Motor Vehicles
and has received the appropriate ATV safety certificate issued by the Commissioner
of Motor Vehicles may operate an ATV in the same manner as a person who is
16 years of age or older. Any parent or guardian who authorizes or knowingly
permits his child or ward, if under 16 years of age, to operate an off-highway
vehicle in violation of this subsection shall be guilty of a violation of
this chapter. Any owner of an off-highway vehicle who authorizes or knowingly
permits a child under age 16 years to operate said vehicle in violation of
this subsection shall be guilty of a violation of this chapter.
G.
It shall be unlawful for any person to operate or to
knowingly permit the operation of an off-highway vehicle which has not been
properly registered and numbered in accordance with the requirements of the
Vehicle and Traffic Law of the State of New York.
H.
It shall be unlawful for any person to operate an off-highway
vehicle while pulling a person on skis or drawing a sleigh, sled, toboggan
or trailer which carries or transports any person unless attached by a rigid
support, connection or towbar.
I.
It shall be unlawful for any person to operate an off-highway
vehicle unless it is equipped with brakes in good operating condition, a muffler
system in good operating condition, a spark arrester, tires having at least
2/32 of an inch of tread with no visible breaks, cuts, exposed cords, bumps
or bulges, and a lighted white headlight and red taillight approved by the
Commissioner of Motor Vehicles, when operated during the period 1/2 hour after
sunset to 1/2 hour before sunrise. It shall also be unlawful for any person
to operate an off-highway vehicle while displaying one or more flashing lights,
except that this provision shall not apply to an authorized emergency off-highway
vehicle, police or civil defense off-highway vehicle.
J.
It shall be unlawful for any person to operate an off-highway
vehicle unless he is wearing a protective helmet of a type which has been
approved by the Commissioner of Motor Vehicles.
Any peace officer or police officer having jurisdiction within the Town
of Ghent who shall encounter a person operating an off-highway vehicle in
violation of this chapter and who is unable to produce proof of ownership
of such off-highway vehicle, shall remove said vehicle to a place designated
by the Columbia County Sheriff, or the New York State Police. The owner or
the duly designated agent of the owner of such vehicle may regain the same
upon payment of the expenses and charges necessarily and actually incurred
in the removal and impoundment of said vehicle.
A.
A violation of this chapter shall constitute a violation
punishable by a fine of not more than $250 and/or imprisonment not exceeding
15 days, or both. The failure to pay such fine may result in the impounding
of the offending off-highway vehicle until such fine is paid.
B.
Three convictions of the violation of this chapter within
a continuous eighteen-month period may also result in the impoundment of the
offending vehicle for a period not to exceed 90 days. Such off-highway vehicle
may after 90 days be redeemed by the owner after paying towing and storage
fees, and after paying an impounding fee to the Town Clerk in an amount as
set from time to time by resolution of the Town Board.[1]
Nothing shall be construed to limit, repeal, modify or waive any existing
provision or requirement of law or regulation, whether federal, state or local,
but on the contrary, this chapter and the provisions herein shall be in addition
to any present law or regulation relating to the subject matter set forth
herein.
