[HISTORY: Adopted by the Town Board of the Town of Moreau 6-11-1985 as LL No. 1-1985. Section 139-5 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of off-road recreational vehicles within the Town of Moreau in a manner which will minimize detrimental effects of such use on the environment and prevent accidents to pedestrian travelers and other users of property in the Town of Moreau.
As used herein, the following words shall have the meanings established below:
- MUNICIPAL PROPERTY
- Real property owned, leased or used by the Town of Moreau. Village of South Glens Falls, South Glens Falls Central School District, County of Saratoga or any local government agency.
- OFF-ROAD RECREATIONAL VEHICLES
- Every unenclosed limited-use motor vehicle having a seat or saddle for the use of the rider and designed to travel with two, three or four wheels in contact with the ground (excluding a tractor), whether known as a "motorcycle," "all-terrain vehicle," "minibike," "trail bike" or by any other name, whether or not said vehicle is, in fact, registered for operation on the public highways.
It shall be unlawful for any person to drive or operate any off-road recreational vehicle on private lands or municipal property within the Town of Moreau without written permission of the owners or occupants of said private lands or written permission of the authorities having control of said municipal property. Said written permission must be in the possession of the persons operating the off-road recreational vehicle and must be presented, upon demand, to any peace officer or police officer so demanding.
It shall be unlawful to operate any off-road recreational vehicle within the Town of Moreau in such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and tranquility of other persons.
It shall be unlawful to operate any off-road recreational 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 vehicles.
It shall be unlawful to operate any off-road recreational vehicle at a rate of speed greater than reasonable and prudent.
It shall be unlawful to operate any off-road recreational vehicle within 500 feet of any dwelling other than the dwelling house of the operator.
Unless otherwise provided in § 2289 of the Vehicle and Traffic 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 imprisonment not exceeding 15 days, or both.
Any enforcement officer of the Town of Moreau and any peace officer or police officer having jurisdiction within the Town of Moreau who shall encounter any person operating an off-road recreational vehicle in violation of this chapter shall remove said vehicle to a place designated by the Saratoga County Sheriff. The owner or duly designated agent of the owner of such vehicle may regain same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle.
In the 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 the appropriate procedures and law affecting public auctions by municipalities.
The Saratoga County Sheriffs Department and New York State Police shall enforce the provisions of this chapter, and the town may appoint such other enforcement officers as may be necessary.