Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Orchard Park 8-6-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 87
Parks and playgrounds — See Ch. 97.
Peace and good order — See Ch. 99.
Vehicles and traffic — See Ch. 131.
Storage and removal of vehicles — See Ch. 134.
The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility by regulating the operation of motorcycles, limited-use motorcycles and limited-use off-road vehicles within the Town of Orchard Park. It is also the purpose of this chapter to prevent those who wish to operate and use motorcycles, limited-use motorcycles and limited-use off-road vehicles from trespassing on public or private property in the Town of Orchard Park, from annoying any person or persons and from creating a public nuisance.
As used herein, the following words shall have the meanings set forth below:
LIMITED-USE MOTORCYCLE
An unenclosed limited-use vehicle having two, three, or four wheels (a quad) with a seat or saddle for the operator. A "limited-use motorcycle" having a maximum operating 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." Class A, Class B and Class C "limited-use motorcycles" are also defined in the New York State Vehicle and Traffic Law and the Rules and Regulations promulgated by the Commissioner of Motor Vehicles of the State of New York.
OFF-HIGHWAY MOTORCYCLE
A motorcycle which is not equipped in conformity with the provisions of § 381 of the Vehicle and Traffic Law of the State of New York and would not, if properly equipped, qualify as a limited-use motorcycle and which is sold for operation primarily on off-highway trails and off-highway competition.
LIMITED-USE OFF-ROAD VEHICLE
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. A vehicle which is currently licensed and driven off the road shall also be subject to the terms of this chapter.
MOTORCYCLE
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, as defined in § 123 of the Vehicle and Traffic Law.
A. 
It shall be unlawful for any peron to drive or operate any motorcycle, limited-use motorcycle or limited-use off-road vehicle on private lands of another person within the Town of Orchard Park without written permission of the owners or occupants of said property. Such written permission must be provided by the persons operating the motorcycle, off-highway 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 within 24 hours of such demand. The police officer may impound the vehicle until written permission is provided. In the event of a second violation of this subsection within one year, the police officer shall impound the vehicle until written permission is provided.
B. 
The following are prohibited within the Town of Orchard Park at all times:
(1) 
The operation of any motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle in such a manner as to disturb or interfere with the peace and tranquility of reasonable persons by creating loud, unnecessary or unusual noise.
(2) 
The operation of any motorcycle, off-highway 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 the vehicle.
(3) 
The operation of any motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle at a rate of speed greater than reasonable or proper under the circumstances.
(4) 
The operation of any motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle, with or without written permission, within 250 feet of any dwelling, school, church, commercial building, restaurant, store or other occupied building.
(5) 
The operation of any motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle on any lands leased, owned or controlled by the Town of Orchard Park. This shall not be construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
A. 
Section 133-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle is entering the public highway from a private driveway.
B. 
This chapter shall not apply to police and emergency vehicles.
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 imprisonment not exceeding 15 days, or both.
A. 
Notwithstanding § 133-5, any peace officer who shall encounter any person operating a motorcycle, limited-use motorcycle or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Chief of Police of the Town of Orchard Park. The owner or duly designated agent of the owner of such vehicle may secure possession of such vehicle upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle and an impoundment fee of $100.
B. 
In case of a second or subsequent violation, the court may order confiscation of said vehicle 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 appropriate procedures and law affecting public auctions by municipalities. (The minimum bid shall reflect costs and penalties to the date of such auction.)
Any peace officer or police officer may enforce the provisions of this chapter. The Town of Orchard Park Police, the Erie County Sheriff's Department and the New York State Police shall enforce the provisions of this chapter.