[HISTORY: Adopted by the Town Board of the Town of Lake George 11-20-1985
by L.L. No. 4-1985. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of off-road recreational vehicles within
the Town of Lake George in a manner which will minimize detrimental effects
of such use on the environment and prevent accidents to pedestrian travelers
and other users of property in the Town of Lake George.
As used in this chapter, the following terms shall have the meanings
indicated:
Real property owned, leased or used by the Town of Lake George, Village
of Lake George, Lake George Central School District, County of Warren or any
local government agency.
Every unenclosed limited use motor vehicle having a seat or saddle
for the use of the rider and designed to travel with two, three or four wheels
in contact with the ground (excluding a tractor), whether known as a motorcycle,
all-terrain vehicle, minibike, trail bike or by any other name, whether or
not said vehicles are, in fact, registered for operation on the public highways.
A.
It shall be unlawful for any person to drive or operate
any off-road recreational vehicle on private lands or municipal property within
the Town of Lake George 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-road recreational 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-road recreational
vehicle within the Town of Lake George in such a manner as to create loud,
unnecessary or unusual noise so as to disturb or interfere with the peace
and tranquillity of other persons.
C.
It shall be unlawful to operate any off-road recreational
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.
D.
It shall be unlawful to operate any off-road recreational
vehicle at a rate of speed greater than reasonable and prudent.
E.
It shall be unlawful to operate any off-road recreational
vehicle within 500 feet of any dwelling other than the dwelling house of the
operator.
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.
Any enforcement officer of the Town of Lake George and
any peace officer or police officer having jurisdiction within the Town of
Lake George who shall encounter any person operating an off-road recreational
vehicle in violation of this chapter shall remove said vehicle to a place
designated by the Warren County Sheriff. The owner or duly designated agent
of the owner of such vehicle may regain the same upon payment of expenses
and charges necessarily and actually incurred by the removal of said vehicle.
B.
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.
The Warren County Sheriff's Department and New York State Police shall
enforce the provisions of this chapter, and the Town may appoint such other
enforcement officers as may be necessary.
