Town of Pendleton, NY All-Terrain Vehicles

Pursuant to N.Y. Vehicle and Traffic Law § 2403, Subdivision 2, nonresidents of the Town of Pendleton are prohibited from use of all-terrain vehicles or ATVs (i.e., any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways providing that such vehicle does not exceed 70 inches in width or 1,000 pounds' dry weight) on any and all Town of Pendleton properties. This definition shall not include and/or prohibit nonresidents of the Town of Pendleton from the use of a snowmobile or other self-propelled vehicle manufactured for off-highway use exclusively 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 which utilize an endless belt tread on any and all Town of Pendleton properties.

Except as hereinafter provided, no resident of the Town of Pendleton shall operate any all-terrain vehicle or ATV on any of the Town of Pendleton-owned properties unless the following requirements have been satisfied and are in all respects current and in full force and effect:

(1)

In accordance with New York Vehicle and Traffic Law § 2282, Subdivision 1, an all-terrain vehicle or ATV must have a current registration and number, and the registration number for such ATV must be in full force and effect and displayed as provided under such article and regulations promulgated thereunder.

(2)

In accordance with New York Vehicle and Traffic Law § 2286, Licensing by municipalities, such all-terrain vehicle or ATV must obtain a permit from the Town Clerk.

[Amended 6-13-2022 by L.L. No. 2-2022]

(3)

Proof of insurance of such all-terrain vehicle or ATV must be provided to the Clerk of the Town of Pendleton at the time of the issuance of such permit by the Clerk of the Town of Pendleton. (The amount of the required insurance coverages shall be established annually by the Town of Pendleton.)

(4)

In accordance with New York Vehicle and Traffic Law § 2411, "Negligence in the use of[1] operation of an ATV shall be attributable to the owner. Every owner of an ATV used or operated in this state shall be liable and responsible for death or injury to person or damage to property resulting from negligence in the use or operation of such ATV by any person using or operating the same with the permission, express or implied, of such owner, provided, however, that such operator's negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death."

[1]

Editor's Note: So in original.

(5)

A waiver and release of liability of the Town of Pendleton together with an agreement to indemnify the Town of Pendleton from any and all liability shall be signed and filed with the Clerk of the Town of Pendleton at the time of such annual permit.

(6)

The use by residents of all-terrain vehicle or ATV shall be in all respects limited to the nonpaved portions of the Linear Multiple Use Trail, and any additional areas that are designated for vehicular traffic and vehicular parking.