[HISTORY: Adopted by the Town Board of the
Town of Stillwater 6-20-1985 by L.L. No. 2-1985. Amendments noted where
applicable.]
This chapter shall be known as "Off-Highway
Motorcycle Law or Off-Road Recreational Vehicle Law of the Town of
Stillwater."
For the purpose of this chapter:
Is a motorcycle as defined by § 123 of the Vehicle
and Traffic Law of the State of New York which is not equipped in
conformity with the provisions of § 381 of the Vehicle and
Traffic Law of the State of New York, is not registered in accordance
with the provisions of § 410 of the Vehicle and Traffic
Law of the State of New York, and which is manufactured and sold for
operation primarily on off-highway trails or in off-highway competitions.
A.
No person shall operate any off-highway motorcycle
or off-road recreational vehicle within the Town of Stillwater unless
such off-highway motorcycle or off-road recreational vehicle has been
registered in accordance with the provisions of this section, and
such registration is in full force and effect, and indicia of registration
is displayed in accordance with regulations promulgated by the Town
Board. An owner or operator using any off-highway motorcycle or off-road
recreational vehicle exclusively on land owned or leased by the owner
or operator shall register the off-highway motorcycle or off-road
recreational vehicle with the Town Clerk and obtain a registration
sticker but no fee shall be required from the owner or operator.
B.
Every owner of an off-highway motorcycle or off-road
recreational vehicle which is or is intended to be operated within
the Town of Stillwater shall cause to be filed in the office of the
Town Clerk an application for registration, on a form prepared under
the direction of and furnished by the Town Clerk for that purpose,
containing:
(1)
A brief description of the off-highway motorcycle
or off-road recreational vehicle to be registered, including the name
of the manufacturer and the factory number of such vehicle; and
(2)
The name and address of the owner of such vehicle
and the name and address of any operator or operators of such vehicle
other than the owner; and
(3)
Such other information as the Town Board may from
time to time require by order or resolution.
C.
Upon receipt of a sufficient application for registration,
the Town Clerk shall register such off-highway motorcycle or off-road
recreational vehicle and maintain a record of the registration of
such off-highway motorcycle or off-road recreational vehicle under
the distinctive number assigned to such off-highway motorcycle or
off-road recreational vehicle and shall issue a certificate of registration
together with such indicia of registration as shall be determined
by the Town Board. A fee of $5 payable to the Town of Stillwater shall
be paid to the Town Clerk by residents of the Town of Stillwater upon
the registration of such off-highway motorcycle or off-road recreational
vehicle. A fee of $50 payable to the Town of Stillwater shall be paid
to the Town Clerk by nonresidents upon the registration of such vehicles.
The Town Board is hereby empowered to make and
promulgate, from time to time, by order or resolution such rules and
regulations relating to the use and operation of off-highway motorcycles
and off-road recreational vehicles in the Town of Stillwater as the
Town Board may determine to be in the interest of promoting the public
welfare, convenience and safety. For the purpose of implementing and
enforcing such rules and regulations the Town Board may impose such
restrictions, limitations and conditions upon the issuance of certificates
of registration under this chapter as the Town Board may deem appropriate.
A.
The operation of an off-highway motorcycle or off-road
recreational vehicle in violation of this chapter shall be deemed
a violation.
B.
Upon conviction, after a hearing before a court of
competent jurisdiction, a fine of not more than $100 may be imposed
for each violation and the certificate of registration may be suspended
for a period not to exceed one year. Failure to pay such fine may
result in the impoundment of the offending off-highway motorcycle
or off-road recreational vehicle until such fine is paid. Three convictions
of violations of this chapter within a continuous eighteen-month period
may also result in the impoundment of the offending off-highway motorcycle
or off-road recreational vehicle for a period not to exceed 90 days.
Such off-highway motorcycle or off-road recreational vehicle may,
after 90 days, be redeemed by the owner thereof after paying storage
fees, and after paying an impoundment fee of $50 to the Town Clerk.
C.
The parent, legal guardian, or other person having
custody of a person who is under the age of 16 years at the time of
the violation of this chapter by such person under the age of 16 years
shall likewise be guilty of a violation, and if after a hearing by
a court of competent jurisdiction and after a determination that such
violation occurred by such person under 16 years, shall be subject
to a fine of not less than $50 nor more than $250 for each violation.
