[HISTORY: Adopted by the Town Board of the Town of New Hartford 12-15-1982
by L.L. No. 5-1982. This local law also repealed former Ch. 115, Vehicles,
Recreational, adopted 8-18-1982 by L.L. No. 3-1982. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 113.
This chapter shall be known and may be cited as the "Law Regulating
the Operation of Motorcycles and Limited-Use Off-Road Vehicles in the Town
of New Hartford."
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquillity by regulating the operation of motorcycles
and limited-use off-road vehicles within the Town of New Hartford. It is also
the purpose of this chapter to prevent those inhabitants of the Town of New
Hartford who wish to use and operate motorcycles and limited-use off-road
vehicles from trespassing on public or private property in the Town of New
Hartford, from annoying inhabitants and from creating a public nuisance. Since
the statutes of the State of New York govern the operation of snowmobiles,
this chapter does not apply to snowmobiles.
As used herein, the following words shall have the meanings set forth
below:
An unenclosed limited-use vehicle having only two or three wheels,
with a seat or saddle for the operator. A limited-use motorcycle having a
maximum performance speed of more than 30 miles per hour, but not more than
40 miles per hour, shall be a Class A limited-use motorcycle. A limited-use
motorcycle having a maximum performance speed of more than 20 miles per hour,
but not more than 30 miles per hour, shall be a Class B limited-use motorcycle.
A limited-use motorcycle having a maximum performance speed of not more than
20 miles per hour shall be a Class C limited-use motorcycle.
A vehicle, other than one currently licensed to be operated or driven
upon a public highway, which is propelled by any power other than human power.
Every motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground,
but excluding a tractor.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited-use motorcycle or limited-use off-road vehicle on
the private lands of another person within the Town of New Hartford without
written permission of the owners or occupants of said property. Said written
permission must be in the possession of the persons operating the motorcycle,
limited-use motorcycle or limited-use off-road vehicle and must be presented
upon demand to any peace officer or police officer so demanding.
B.
The following are prohibited within the Town of New Hartford
at all times:
(1)
The operation of any motorcycle, limited-use motorcycle
or limited-use off-road vehicle in such a manner as to create loud, unnecessary
or unusual noise so as to disturb or interfere with the peace and tranquillity
of other persons.
(2)
The operation of any motorcycle, limited-use motorcycle
or limited-use off-road vehicle in a careless, reckless or negligent manner
so as to endanger or be likely to endanger the safety or property of any persons,
including the operator of said vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle
or limited-use off-road vehicle at a rate of speed greater than reasonable
or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle
or limited-use off-road vehicle, with or without written permission, within
1,000 feet of any dwelling, other than the dwelling house of the operator.
(5)
The operation of any motorcycle, limited-use motorcycle
or limited-use off-road vehicle on any lands leased, owned or controlled by
the Town of New Hartford, except as provided by local law.
A failure to comply with the provisions of this chapter shall be deemed
a violation, and the violator shall be subject to a fine not exceeding $250
or to imprisonment not exceeding 15 days, or to both.
A.
Notwithstanding § 115-6, any enforcement officer of the New Hartford Police Department who shall encounter any person operating a motorcycle, limited-use motorcycle or limited-use off-road vehicle in violation of this chapter shall remove said vehicle to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such vehicle may regain the same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle.
B.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicles in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this section will be sold at
public auction according to the appropriate procedures and law affecting public
auctions by municipalities.
The New Hartford Police Department shall enforce the provisions of this
chapter.
