[HISTORY: Adopted by the Town Board of the Town of Massena 7-14-1993
by L.L. No. 1-1993; amended in its entirety 7-18-2001
by L.L. No. 3-2001. Amendments noted where applicable.]
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 Massena. The purpose of the amendment is to allow for the operation
of off-highway vehicles upon certain Town roads.
A.
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the meanings they
have in common usage and to give this chapter its most reasonable application.
B.
HIGHWAY
MUNICIPAL PROPERTY
OFF-HIGHWAY VEHICLES
OPERATE
OPERATOR
OWNER
ROADWAY
SHOULDER
As used in this chapter, the following words shall have
meanings established below:
The entire width between the boundary lines of any right-of-way or
traveled way or place where 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 either dedication of use)
private roads and public parking lots.
Real property owned, leased, or used by the Town of Massena 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 which shall include such vehicles as are commonly known as
"motorcycles," "minibikes," "trailbikes," "all-terrain vehicles" and "mopeds,"
but shall not include such vehicles which are intended to be utilized and
are actually utilized primarily for agricultural, business, gardening or property
maintenance purposes and shall not include snowmobiles.[1]
To ride in or on, other than as a passenger, or use or control the
operation of an off-highway vehicle in any manner, whether or not said 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 contact of conditional sale whereby the title remains
with the vendor, such vendor or his or her assignee shall not, after delivery
of such off-highway vehicle, be deemed an owner within the provisions of this
chapter, but the vendee or his or her assignee, upon receipt of possession
thereof, shall be deemed such owner, notwithstanding the terms of said contract,
until the vendor or his or her assignee shall take repossession. 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 a highway improved, designed or ordinarily used for
vehicular travel, exclusive of the shoulder.
That portion of a 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 within the Town of Massena without
written permission of the owners or occupants of said private lands. Such
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 for any person to drive or operate
any off-highway vehicle on any public park or public place within the Town
of Massena.
C.
It shall be unlawful to operate any off-highway vehicle
on any roadway or highway shoulder, except upon the Trippany, South Grasse,
Haverstock to and including the intersection of the Haverstock Road at the
(Chase Farm) on the North Racquette up to 37c, Hammill, Carey and Quenell
Roads. Operation on the specified roads shall not be permitted between the
hours of midnight and 7:00 a.m., and operation on Town roads that occurs within
100 feet of a residence shall be performed in such manner as to reduce the
noise to a minimal level.
[Amended 12-18-2002 by L.L. No. 4-2002]
(1)
In crossing a divided highway, the crossing is made only
at an intersection of the highway with another public street or highway.
(2)
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 with both front and rear lights on.
D.
It shall be unlawful to operate any off-highway vehicle
in a careless, reckless or negligent manner so as to endanger the safety or
property of any person, including the operator of said vehicle.
E.
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.
F.
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.
G.
It shall be unlawful for any person to operate an off-highway
vehicle unless it is equipped with brakes 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.
H.
It shall be unlawful for any person to operate an off-highway
vehicle unless the operator is wearing a protective helmet of a type which
has been approved by the Commissioner of Motor Vehicles.
I.
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.
J.
This section shall take effect immediately.
A.
No person under the age of 16 years shall operate an
off-highway vehicle except upon lands owned or leased by that person's
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 the operator's parent or
guardian is a member.
B.
A person between 10 and 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 off-highway vehicle in the same manner as
a person who is 16 years of age or older.
C.
Any parent or guardian who authorizes or knowingly permits
his or her child or ward, if under the age of 16 years of age, to operate
an off-highway vehicle in violation of this section shall be guilty of a violation
of this chapter. An owner of an off-highway vehicle who authorizes or knowingly
permits a child of 16 years to operate said vehicle in violation of this section
shall be guilty of a violation of this chapter.
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 against a person 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 an after paying an impounding fee of $50 to
the Town Clerk.
A.
Any law enforcement officer or officer of the peace having
jurisdiction within the Town of Massena 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 may cause said vehicle to be
removed and impounded.
B.
After removal of any vehicle as provided for under Subsection A above, the Town may store or cause to be stored such vehicle in a suitable place at the expense of the owner.
C.
The owner or the duly designated agent of the owner of
such vehicle may redeem the vehicle upon payment to the person with whom stored
of the amount of all expenses actually and necessarily incurred in effecting
the removal and storage of said vehicle.
Any peace officer or police officer having jurisdiction within the Town
of Massena may enforce the provisions of this chapter.
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.
