[HISTORY: Adopted by the City Council of the City of Troy 6-3-2021 by Ord. No. 40. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have
the meanings indicated:
All-terrain vehicles (sometimes known as "ATVs") as that
term is defined in § 2281(1) of the New York State Vehicle
and Traffic Law, off-highway motorcycles as that term is defined in
§ 125-a of the New York State Vehicle and Traffic Law, motocross
or dirt bikes, dune buggies, go-carts and any and all other types
of motorized trail bikes or motorized vehicles that are manufactured
and equipped for sale or operation primarily on off-highway trails
or for off-highway competitions, and which may not be operated lawfully
on public highways, except under the limited circumstances authorized
and prescribed by the New York State Vehicle and Traffic Law.
To ride in or on, other than as a passenger, or use or control
the operation of an off-road vehicle in any manner, whether or not
the off-road vehicle is under way.
Any public highway, road, alley, street, avenue, path, or
other public way.
Any public place, driveway, lot, facility, path, trail, park,
or other public property in the City of Troy.
A.
No person
shall operate an off-road vehicle on a public highway or on any public
property in the City of Troy, except under the limited circumstances
authorized and prescribed by the New York State Vehicle and Traffic
Law.
B.
No person
shall operate an off-road vehicle on private property in the City
of Troy unless such person has first obtained the express consent
of the owner or occupant of the property to operate the off-road vehicle
on the property. There shall be a rebuttable presumption that the
operator of an off-road vehicle on private property in the City of
Troy lacks consent to operate the off-road vehicle on private property.
B.
In addition to the penalties set forth in Subsection A of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 274-2A or B of this chapter. Such impounded off-road vehicle shall be stored by the Police Department or enforcement agency pending the identification of the owner of the off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of the impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the Police Department impounding the off-road vehicle, nor the City of Troy, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of an off-road vehicle that was operated in violation of § 274-2A or B of this chapter and impounded pursuant to this subsection may redeem the off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350.
This chapter shall be interpreted and enforced in a manner consistent
with and in addition to the provisions of the New York State Vehicle
and Traffic Law, insofar as New York State law permits. In case of
direct conflict or preemption, New York State law shall take precedence.
The Chief of Police is charged with the enforcement of the provisions
of this chapter.
If any clause, sentence, paragraph, or part of this chapter
or application thereof to any person or circumstances shall be judged
by any court to be invalid, such judgment shall not affect, impair,
or invalidate the remainder of this chapter, or the application thereof
to other persons and circumstances, but shall be confined in its operation
to the clause, sentence, paragraph, or part thereof and the persons
or circumstances directly involved in the controversy in which the
judgment shall have been rendered.
