[HISTORY: Adopted by the Town Board of the Town of Alden 9-22-1986 by L.L. No. 3-1986 (Ch. 18D of the 1981 Code). Amendments noted where applicable.]
This chapter shall be known as "Use of Motor-Driven Vehicles on Other Than Public Highways" and shall become part of the Code of the Town of Alden.
The Town Board of the Town of Alden recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Town of Alden and to the property within the Town by the unauthorized use of motor-driven vehicles on both public and private lands and therefore deems it appropriate to control such use.
As used in this chapter, the following terms shall have the meanings indicated:
- MOTOR-DRIVEN VEHICLE
- Any instrument of conveyance which is clearly intended to be propelled by a motor of any type.
- PUBLIC PROPERTY
- All sidewalks, parks, public nature trails, easements or other areas dedicated to or commonly used by the public.
It shall be unlawful for any person to operate any motor-driven vehicles upon any property owned by the Town of Alden.
It shall be unlawful for any person to operate a motor-driven vehicle on any private lands other than those owned by the vehicle operator, unless the operator has on his person written permission of the owner of the lands for said use. The operator shall present this written permission to any law enforcement officer or legal occupant of the land in question.
The written permission must include the following:
The name(s) and addresses of person(s) who are authorized.
A definition of the lands on which the use is authorized.
A signature by the owner(s) to attest that they are the lawful owner(s) of the described property.
Any limitation which defines the hours of the day and the date of start and termination of valid permission.
Employees of the Town of Alden who shall operate a motor-driven vehicle within the scope of their employment shall be exempted from this chapter during the exercise of their duty.
Duly authorized emergency and public service vehicles within the scope of their duties are exempted from this chapter.
Operation of motor-driven vehicles on private lands when operation is entirely within the boundaries of marked trails, where such trails have been marked with the owner's consent for the purpose of such operation, shall be exempt from this chapter.
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 knowingly to permit such child to operate a motor-driven vehicle in violation of the terms of this chapter.
It shall further be the responsibility of the owner of the motor-driven vehicle to take such precautions as a reasonably responsible adult person would exercise to control the use of a motor-driven vehicle in accordance with 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 shall be notified by the law enforcement officer.
In the event of a violation of any of the foregoing, any law enforcement officer having jurisdiction within the Town of Alden may issue a summons for a court appearance of the parent or guardian or any person having the care, custody and control of the child, if the operator is a child under the age of 16 years.
Any law enforcement officer, upon finding a motor-driven vehicle to be in violation of this chapter, may impound the vehicle in violation. The impounded vehicle shall be returned to the legal owner upon payment of the fine or upon direction of the court.
Any operator, parent, guardian or any person having the care, custody and control of any child under the age of 16 years who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250.
Should any section or portion of this chapter be in conflict with the laws of the State of New York applicable to the operation, registration, ownership or control of motor-driven vehicles, then and in that instance said laws of the State of New York shall prevail.