[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 7-2-1985 by L.L.
No. 2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 145.
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating the operation
of motorcycles, limited-use motorcycles, snowmobiles and limited-use
off-road vehicles within the Village of Canajoharie. It is also the
purpose of this chapter to prevent those who wish to operate and use
motorcycles, limited-use motorcycles, snowmobiles and limited-use
off-road vehicles from trespassing on public or private property in
the Village of Canajoharie, from annoying any person or persons and
from creating a public nuisance.
As used herein, the following words shall have the meanings
set forth below:
An unenclosed limited-use vehicle having two, three or four
wheels (a quad) with a seat or saddle for the operator. A limited-use
motorcycle having the maximum performance speed of more than 20 miles
per hour but not more than 30 miles per hour shall be a Class B limited-use
motorcycle. A limited-use motorcycle having a maximum speed of performance
of not more than 20 miles per hour shall be a Class C limited-use
motorcycle.
A vehicle other than the one currently registered to be operated
or driven upon a public highway, which is propelled by any power other
than human power.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
A self-propelled vehicle designed to travel on snow or ice,
steered by skis or runners and supported in whole or in part by one
or more skis, belts or cleats.
A.
It shall be unlawful for any person to drive or operate any motorcycle,
limited-use motorcycle, snowmobile or limited-use off-road vehicle
on the private lands of another person within the Village of Canajoharie
without written permission of the owners or occupants of said property.
The written permission must be in the possession of the persons operating
the motorcycle, limited-use motorcycle, snowmobile or limited-use
off-road vehicle and must be presented upon demand to any peace officer
or police officer so demanding. Failure to produce such written evidence
upon such demand shall be presumptive evidence of operating of such
motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle without such permission.
B.
The following are prohibited within the Village of Canajoharie at
all times:
(1)
The operation of any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle in such manner as to disturb or interfere
with the peace and tranquility of persons by creating loud, unnecessary
or unusual noise.
(2)
The operating of any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road 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 the vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle at a rate of speed greater than reasonable
or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle, with or without written permission
within 1,000 feet of any dwelling other than the dwelling house of
the operator.
(5)
The operating of any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle on any lands leased, owned or controlled
by the Village of Canajoharie except as provided by local law. This
chapter shall not be construed as prohibiting lawful operation of
vehicles on public streets or thoroughfares in compliance with the
provisions of the Vehicle and Traffic Law.
A.
Section 151-3 shall not apply in those instances where a duly licensed operator of a duly registered motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle is entering the public highway from a private driveway.
B.
This chapter shall not apply to police and emergency vehicles.
C.
Legally operated and registered snowmobiles may enter the New York
State Canalway System bike path at the northerly end of Cunningham
Road, located at the easterly boundary of the Village of Canajoharie
and travel across and on New York State Route 5S directly to and from
the service station, presently identified as Luke Oil gas station,
located on the northerly side of said Route 5S, and legally operated
and registered snowmobiles may enter and leave the New York State
Canalway System bike path at the westerly boundary of the Village
of Canajoharie and travel thereon to and from the southerly boundary
of lands presently of DiStefano, thence northerly across lands of
said DiStefano and across and on New York State Route 5S directly
to and from those premises presently identified as the Petro gas station
and those premises presently identified as Iroquois Lanes bowling
alley and restaurant.
[Added 12-4-2007 by L.L.
No. 3-2007]
Failure to comply with the provisions of this chapter shall
be deemed a violation, subject to a fine not exceeding $250 or imprisonment
not exceeding 15 days, or both, for each such violation.
A.
Notwithstanding § 151-5, any police officer or peace officer of the Village of Canajoharie, the County of Montgomery or the State of New York who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the officer in command for the day. 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 for the removal and storage of said vehicle. (Minimum fee: $100.)
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 such vehicle (motorcycle, limited-use motorcycle, snowmobile or
limited-use off-road 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
minimum bid should reflect costs and penalties to date.)
The police officers and peace officers of the Village of Canajoharie,
of the County of Montgomery and of the State of New York are hereby
empowered to enforce the provisions of this chapter, and the Village
Court of the Village of Canajoharie shall have jurisdiction to hear
and determine all violations of this chapter.
