[Adopted 7-7-2021 by L.L.
No. 5-2022]
For the purpose of this Part 1, the following terms shall have
the meanings indicated:
All-terrain vehicles (sometimes known as "ATVs") as that
term is defined in § 2281 Subdivision 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 vehicles that are
manufactured for sale or operation primarily on off-highway trails
or for off-highway competitions and are only incidentally operated
on public highways. Nothing contained herein, however, shall be deemed
to apply to or prohibit the use of nonmotorized bicycles.
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
said off-road vehicle is in motion or under way.
Any highway, road, alley, street, avenue, public place, public
driveway, or any other public way.
A.
Public property. No person shall operate an off-road vehicle on a
public highway or on any public property in the City of Rensselaer.
B.
Private property. No person shall operate an off-road vehicle on
private property in the City of Rensselaer unless such person has
first obtained the express consent of the owner or legal occupant
of such 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 Rensselaer 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 § 169-2A or B of this Part 1. Such impounded off-road vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such 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 such off-road vehicle, nor the City of Rensselaer, nor any agent nor 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 the off-road vehicle operated in violation of § 169-2A or B of this Part 1 may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner's agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney, after full payment of the required redemption fee in certified or bank funds.
If any clause, sentence, paragraph or part of this Part 1 or
application thereof to any person or circumstances shall be judged
by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair or invalidate the remainder thereof 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.
