[HISTORY: Adopted by the Town Board of the Town of Greenville 6-11-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
For the purposes of this chapter, the following terms are defined
as follows:
To be within a reasonable distance of the person accompanied,
as to be able to communicate by direct conversation (not phone or
other communication device) and direct their actions.
Any self-propelled vehicle manufactured for operation primarily
on off-highway trails or in off-highway competitions and which is
only incidentally operated on public highways, provided that such
vehicle does not exceed 60 inches in width or 800 pounds dry weight.
lncluded within such definition are vehicles commonly referred to
as dirt bikes, mini-bikes, go-carts, dune buggies, trail bikes and
mopeds.
That portion of a highway immediately adjacent to the side
of a roadway, customarily used for emergency travel or parking.
Any self-propelled vehicle designed for 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.
The Town of Greenville, Orange County, New York.
All land owned, or leased, by the Town of Greenville, including
Town highways and roads, trails and parklands, and any private land
over which the Town of Greenville possesses an easement.
All all-terrain vehicles must be registered and permitted as
required under Article 48-B of the Vehicle and Traffic Law of the
State of New York.
It shall be unlawful to operate an ATV or snowmobile upon any
Town property, as defined herein.
It shall be unlawful to operate an ATV or snowmobile upon private
property within the Town unless the operator of the vehicle possesses
and presents written permission of the owner of the property to operate
said vehicle on said property.
Snowmobiles and all-terrain vehicles shall not be operated on
state, county or Town highways, including the shoulders thereof, in
the Town of Greenville except for the express purpose of crossing
said highways for the purpose of accessing approved trails or private
lands, provided:
A.
The crossing is made at approximate right angles to the direction
of traffic;
B.
The machine is brought to a complete stop prior to closing;
C.
The operator yields the right of way to all forms of oncoming traffic;
and
D.
If the crossing is made between the hours of one-half hour after
sunset to one-half hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are lighted.
E.
Emergencies. When authorized or directed by the Supervisor in a declared
emergency, or emergency situation, a snowmobile or all-terrain vehicle
may be operated on the affected portions of Town, county or state
highway for the purpose of a special emergency.
F.
Police and emergency personnel. The provisions of this chapter shall
not apply to the operation of a snowmobile or ATV by a police officer,
firefighter, or other such emergency personnel or government employee
in the conduct of his or her official duties.
The use and operation of snowmobiles and all-terrain vehicles
is prohibited within any Town park or playground and any public land
within the Town, except where posted for such use, or by resolution
of the Town Board, and then only in conformance with the terms and
conditions stated for such use.
A.
No personal shall operate a snowmobile or ATV for sport or recreational
use within 200 feet of any dwelling between the hours of 9:30 p.m.
and 6:00 a.m.
B.
No personal under the age of 16 years shall operate an ATV or snowmobile
except upon lands owned or leased by their parent or guardian, with
the exception of persons 10 to 16 years of age who have received safety
training and prescribed by the State of New York and can show such
certificate of completion, and are accompanied by said parent or guardian.
C.
It shall be unlawful for any person to operate, and any owner thereof
to permit to be operated, a snowmobile or ATV on any street or public
land or public place in the Town where permitted, unless the owner
or operator of such machine is insured against public liability and
carries proof of such insurance. Such proof shall be promptly displayed
by the owner/operator upon request to any law enforcement officer
or to any person who has suffered or claims to have suffered either
personal injury or damage to property as a result of the operation
of such machine by said owner/operator. The failure to produce such
proof shall be presumptive evidence of operating the machine without
insurance against public liability.
D.
The operator of an ATV or snowmobile shall wear a helmet upon their
head and goggles or face shields upon their face, such as approved
by the Department of Motor Vehicles of the State of New York.
E.
No person operating an ATV or snowmobile shall carry any other person
on it except in a place designated for such purpose and equipped for
such person.
F.
No person shall operate an ATV or snowmobile on or in any open waters,
streams, or wetlands.
G.
No person shall operate an ATV or snowmobile in violation of regulations
of the Department of Motor Vehicles of the State of New York. Should
DMV require registration or licensing of such machine, then it shall
be unlawful to operate said machine without proper licensing and registration.
The Town Board of the Town of Greenville may set the penalties
for offenses of this chapter by resolution from time to time.
In addition to the penalties set forth in this chapter, a police
officer or peace officer may immediately impound or cause to be removed,
the ATV or snowmobile if:
A.
The identify of the owner/operator is unknown to the officer.
B.
The operator has no evidence of permission to operate same on private
property.
C.
The operator is in violation of any portion of this chapter.
D.
The ATV or snowmobile was involved in an accident causing personal
injury or death while operated in violation of this chapter.
E.
The ATV or snowmobile operator is suspected or operation of same
under the influence of drugs or alcohol.
F.
The period of impoundment for the ATV or snowmobile shall be for
such period of time as is necessary for police purposes, which shall
include the use of the machine for identification in any court action.
Any person wishing to have an ATV or snowmobile released from impoundment
must make motion before the appropriate court, and said ATV or snowmobile
shall only be released upon court order. Upon said order the ATV or
snowmobile shall be released upon payment of any and all impoundment
fees to the proper authority.
G.
In the case of a second or subsequent violation by the same person,
the Court may order the confiscation of said ATV or snowmobile in
lieu of any fine and/or imprisonment. Any ATV or snowmobile which
is confiscated pursuant to this section will be sold at public auction
according to the appropriate procedures and law affecting public actions
by a municipality.
Nothing herein shall prohibit or excuse the obligation of individuals
to comply with the provisions of the Vehicle and Traffic Law of the
State of New York regarding the vehicles and operation of same herein.
