[HISTORY: Adopted by the Town Board Town of Ogden 6-26-1985 by L.L. No. 2-1985 (Ch. 203 of the 1995 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as "Local Law No.
2 of 1985, Regulating the Use of Motor-Driven Vehicles on Property
of the Town of Ogden and on Privately Owned Property."
It is the purpose of this chapter to preserve and promote the
health, safety and general welfare of those inhabitants of the Town
of Ogden who wish to use and operate motor-driven vehicles on private
property or municipal property. It is also the purpose of this chapter
to prevent those inhabitants of the Town of Ogden who wish to use
and operate motor-driven vehicles from trespassing on public or private
property in the Town of Ogden from annoying inhabitants and from creating
a public nuisance.
[Amended 9-23-2009 by L.L. No. 5-2009]
It shall be unlawful to operate or for the owner to permit the
operation of any type of motor-driven vehicles or conveyances, including,
but not limited to, two-wheeled vehicles known as "minibikes," "trailbikes"
and "motorcycles," three or four-wheeled vehicles known as "ATVs"
or "ATCs" or the like and four-wheeled motor vehicles known as "go-carts"
and "no-wheeled vehicles," such as but not limited to, snowmobiles
and limited-use vehicles as defined in Article 1 of the Vehicle and
Traffic Law, under the following circumstances:
A.
On the private property of another person without the written permission
of the owner or occupant of said property. Said written permission
must be in the possession of the person operating the motor-driven
vehicle and must be presented upon demand to any peace officer or
police officer so demanding.
B.
On any property owned, leased or controlled by the Town of Ogden,
except on trails duly designated by the Town for the use of such vehicles
at the times and in the manner so designated.
C.
On property owned by the Town of Ogden and on privately owned property
as follows:
(1)
In such a manner as to create loud, unnecessary or unusual noises
or so as to disturb or interfere with the peace and quiet of other
persons.
(2)
In a careless, reckless, negligent or defiant manner so as to endanger
or be likely to endanger the safety and property of any person, including
the operator of said vehicle.
(3)
At a rate of speed greater than reasonable or proper under the surrounding
circumstances.
(4)
While in an intoxicated condition or under the influence of narcotics
or drugs as defined by § 1192 of the Vehicle and Traffic
Law.
(5)
Between sunset and sunrise or when lights are required for safety,
without displaying at least one lighted headlight and taillight.
(6)
No person shall operate a snowmobile within the Town of Ogden in
violation of any of the provisions of the Parks, Recreation and Historic
Preservation Law of the State of New York.
(7)
No person shall operate any other type of motor-driven vehicle without causing to be installed and/or maintained thereon the manufacturer-installed muffler system as originally constructed, or such other after-market muffler system, each of which muffler systems shall be installed in such a way as to limit noise produced by such motor-driven vehicle to not more than 96 decibels, when measured in accordance with the provisions as prescribed in Chapter 188 of the Code of the Town of Ogden.
[Amended 9-23-2009 by L.L. No. 5-2009]
A.
Any police officer or peace officer shall be authorized to enforce
the provisions of this chapter.
B.
Any officer or peace officer observing a violation of this chapter
in the officer's presence shall issue and serve an appearance
ticket for such violation. The appearance ticket shall be in the form
prescribed by the Town Board of the Town of Ogden, from time to time,
by resolution of such Board.
C.
Any person who witnesses or suffers from a violation of the restrictions
of this chapter may file a verified information with the Town of Ogden
Police Department, which shall issue a warrant or appearance ticket
therefor.
[Amended 9-23-2009 by L.L. No. 5-2009]
The provisions of this chapter shall not apply to:
Any member of the Ogden Police Department or any other enforcement
officer who shall encounter any person operating a motor-driven vehicle
or conveyance in violation of this chapter shall remove said vehicle
or conveyance to a place designated by the Chief of Police. The owner
or duly designated agent of the owner of such vehicle or conveyance
may regain the same upon payment of all expenses and charges necessarily
and actually incurred by the removal and/or storage of said vehicle
or conveyance.
A.
Any person, firm or corporation violating or permitting the violation
of any provision of this chapter shall be guilty of a violation and
shall be subject to a fine of not less than $50 nor more than $250
or to imprisonment of not more than 15 days, or both such fine and
imprisonment. Each day's continued violation shall constitute
a separate offense. In the case of a second or subsequent violation,
the court may order confiscation of said vehicle or conveyance in
lieu of any fine and/or imprisonment. Any vehicle or conveyance which
is confiscated, pursuant to this section, will be sold at public auction
according to the appropriate procedures and laws affecting public
auctions by municipalities.
[Amended 12-13-1995 by L.L. No. 9-1995]
B.
In addition, any and all persons, firms or corporations violating
or permitting a violation of any of the provisions of this chapter
or omitting or refusing to do any act required by this chapter shall
severally, for each and every violation and noncompliance, respectively,
be liable for a civil penalty of $50 for each day's continued
violation. The imposition of all penalties for any violation of this
chapter shall not excuse the violation or permit it to continue. The
application of the above penalties or the provisions of this chapter
shall not be held to prevent the enforcement of this chapter by other
action.
[Amended 9-23-2009 by L.L. No. 5-2009]
C.
In addition, any and all persons, firms or corporations violating
or permitting a violation of any of the provisions of this chapter
shall be subject to such order or orders of the court as may be imposed
so as to assure restoration of any public or private property damages,
restitution or reimbursement to the Town or private citizens for property
damage or crop loss and/or an order directing community service in
addition to or substitution for the foregoing.
D.
Landowners who allow or permit violations of any provision of this
chapter to occur on lands owned by them shall be responsible for such
violations and shall be liable for all penalties arising out of such
violations.
[Added 9-23-2009 by L.L.
No. 5-2009]
