[HISTORY: Adopted by the Town Board of the Town of Fort Edward 10-9-85 as L.L. No. 2-1985. Section 103-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The Town Board recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Town of Fort Edward and to property within the town by the use of unlicensed motor-driven vehicles and, therefore, deems it appropriate to control the use of said vehicles.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- PUBLIC PROPERTY
- All streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic.
- TOWN-OWNED LAND
- All parks, recreation areas, ballparks, lake and river areas, storage facilities, garage areas, parking areas and any and all other town-owned land and premises.
- UNLICENSED MOTOR-DRIVEN VEHICLE
- Any type of unlicensed motor-driven vehicle or conveyance, including but not necessarily limited to snowmobiles, two-wheeled motor vehicles known as "trail bikes" and "motor scooters" and four-wheeled or three-wheeled motor vehicles commonly known as "go-carts" or "all-terrain vehicles," but not including mopeds or any vehicles used for agricultural, landscaping or lawn-maintenance purposes.
It shall be unlawful for any person to operate any unlicensed motor driven vehicle upon any public property or town-owned land in the Town of Fort Edward.
The operation of an unlicensed motor-driven vehicle is prohibited upon private property unless the operator of said unlicensed motor-driven vehicle has the express permission of the owner of said private property to operate said vehicle on said property.
Any driver or operator of any unlicensed motor-driven vehicle who enters or remains upon private property which is either fenced or otherwise enclosed in a manner designed to exclude intruders, to where notice against trespassers is given by posting in a conspicuous manner or where notice against trespassing has been personally communicated to such person by the owner of such land or other authorized person. shall be presumed to be operating without the permission of the owner of said property.
It shall be unlawful to operate any unlicensed motor-driven vehicle in a careless. reckless or negligent manner so as to endanger the safety of any person or the property of any person.
It shall not be unlawful for any employee of the Town of Fort Edward to operate unlicensed motor-driven vehicles for the purpose of maintaining, repairing or doing any public work within the scope of his employment.
Nothing herein shall prohibit the use or operation of unlicensed motor-driven vehicles on premises duly approved for such use by the appropriate officials or municipal regulatory bodies of the Town of Fort Edward.
It shall be unlawful for the parent. guardian or any person having the care, custody and control of any child under the age of sixteen (16) years knowingly to permit such child to operate an unlicensed motor-driven vehicle in violation of the terms of this chapter.
Whenever any child under the age of sixteen (16) years is alleged to have violated this chapter, his parent, guardian or any person having the care, custody or control of the child shall be notified.
The law enforcement agency shall immediately impound any unlicensed motor-driven vehicle operated in violation of this chapter. The unlicensed motor-driven vehicle shall be returned upon payment of the fine or upon the direction of the court.
Any operator or parent, as defined in § 103-8, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.
Should any section or portion of this chapter be in conflict with the laws of the State of New York applicable to the operation, registration, ownership or control of unlicensed motor vehicles, then, in that instance, said laws of the State of New York shall prevail.