[Added 9-21-2021 by L.L. No. 7-2021]
As used in this Article VIII, the following terms shall have the meanings indicated:
Any all-terrain vehicle as defined under Vehicle and Traffic
Law § 2281.
A personal vehicle for purposes of this Article VIII shall be any motorized or otherwise self-propelled vehicle, including, but not limited to, scooters, minibikes and other motorized bikes and vehicles that are intended to be for the transport of either one or two individuals. For purposes of this Article VIII, a personal vehicle does not include a motorcycle which is properly registered with the New York State Department of Motor Vehicles and is operated in accordance with the Vehicle and Traffic Law of the State of New York.
It shall be unlawful to operate an ATV or personal vehicle in
the following locations and/or manner:
A.
Upon public property at any time without express written consent
or permit issued by the government agency owning or controlling said
property. Any such consent or permit must be filed with the Village
Clerk.
B.
In violation of the requirements and regulations of the Department
of Motor Vehicles of the State of New York. Should the Department
of Motor Vehicles require registration or licensing of said vehicles,
it shall be unlawful to operate said vehicle without proper registration,
licensing and insurance.
C.
In a careless, reckless or negligent manner so as to endanger the
safety of any person, including the operator, or the property of any
person.
D.
In a manner that is disturbing and bothersome to adjoining property
owners, by reason of resulting noise, dust or other condition arising
from the operation of such vehicles.
E.
Without an operable muffler to reduce the sound emitted from the
vehicle at a noise level of 75 decibels or below at a property or
street boundary line.
F.
On any public roadway.
G.
While under the influence of alcohol or drugs as defined in the Vehicle
and Traffic Law.
H.
Between the hours of 9:00 p.m. and 7:00 a.m., prevailing time.
A.
A police officer may impound any ATV or personal vehicle upon notice
to the owner and operator if:
(1)
The operator of the ATV or personal vehicle has no evidence
of permission to operate the ATV or personal vehicle on private property
not owned by the operator or operator's immediate family; or
(2)
The ATV or personal vehicle was operated in violation of any
provision of this article or of any state law or regulation.
B.
The Village shall store any ATV or personal vehicle which is impounded
in a suitable place at the expense of the owner.
C.
The Village shall, to the extent possible, ascertain the identity
of the owner and custodian of the ATV or personal vehicle and notify
the owner of the impoundment and the requirements to redeem the same.
D.
The owner may redeem the ATV or personal vehicle from impoundment upon production of proof of ownership, payment of any fines imposed under § 264-110, and payment of all removal and storage fees as may be set from time to time by resolution of the Village Board of Trustees to cover the costs to the Village of the removal and storage.
E.
Any ATV or personal vehicle which is not redeemed within 10 business
days of notification to the owner of the impoundment if the owner
can be identified, or within 10 business days of the impoundment if
the owner or the owner's address are not known, shall be treated as
an abandoned vehicle under § 1224 of the Vehicle and Traffic
Law.
A.
This Article VIII shall be enforced by the Village Police Department and any other police agency with jurisdiction. The Police Department or other such police agency shall have the right and authority to issue an appearance ticket or simplified appearance ticket pursuant to law.
B.
A declaration signed by an owner of private property and filed with the Village Clerk, stating that operation of ATVs on the property is not permitted or that such operation is a trespass, shall be prima facie evidence of a violation of this Article VIII by any person operating an ATV or personal vehicle on such property.
A.
A violation of this Article VIII shall be an offense. Upon conviction of an offense, the offender shall be subject to a fine not to exceed $500 for a first offense and $750 for a second offense and each subsequent offense committed within a twelve-month period measured from the date of the first offense. Each violation of any provision of this Article VIII shall be deemed a separate and distinct offense. A person may be charged with more than one offense and shall be subject to imposition of a fine for each such offense.
This Article VIII shall not apply to the operation of any ATV or personal vehicle in the regular course of a lawful business or to the operation of the ATV or personal vehicle under circumstances regulated by any agency of the State of New York, or to any ATV or personal vehicle operated by a public official or public employee in his official capacity for a public purpose, including emergency service, police protection, fire protection and public works activity.
