[HISTORY: Adopted by the Town Board of the
Town of Malta 7-1-1986 by L.L.
No. 3-1986. Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of off-highway
vehicles within the Town of Malta in a manner which will minimize
detrimental effects of such use on the environment and to prevent
accidents and unauthorized use of such vehicles on private lands and
public highways.
As used in this chapter, the following terms
shall have the meanings indicated:
The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public, as a
matter of right, for purposes of vehicular traffic. This term shall
include state highways, county highways, private roads, public parking
lots and Town highways, by dedication or by use.
[Amended 5-1-1995 by L.L.
No. 2-1995]
Real property owned, leased or used by the Town of Malta,
County of Saratoga, or any government agency.
A motor vehicle which is not equipped in conformity with
the New York State Vehicle and Traffic Law § 381 and/or
which is not registered in accordance with the provisions of the New
York State Vehicle and Traffic Law § 410 and/or which is
manufactured and sold for operation primarily on areas which are not
public highways, having a seat or saddle for the use of the rider
and designed to travel with wheels or tracks in contact with the ground,
and shall include such vehicles as are commonly known as "motorcycles,"
"minibikes," "trail bikes," "all-terrain vehicles" and "mopeds," and
shall also include vehicles known as "snowmobiles," but shall not
include such vehicles when used customarily for agricultural, business,
gardening or property maintenance purposes.
[Amended 5-1-1995 by L.L.
No. 2-1995]
To ride in or on, other than as a passenger, or to use or
control the operation of an off-highway vehicle in any manner, whether
or not said off-highway vehicle is under way.
Every person who operates or is in actual physical control
of an off-highway vehicle.
Any person having title to an off-highway vehicle. If an
off-highway vehicle is sold under a contract of conditional sale whereby
the title remains in the vendor, such vendor or his assignee shall
not, after delivery of such off-highway vehicle, be deemed an "owner"
within the provisions of this chapter, but the vendee or his assignee
shall, upon receipt of possession thereof, shall be deemed such "owner,"
notwithstanding the terms of said contract, until the vendor or his
assignee shall retake possession. A person holding only a security
interest in an off-highway vehicle shall not be deemed an "owner"
unless such person also has possession of such off-highway vehicle.
That portion of the highway which lies outside the paved
or unpaved roadway immediately adjacent to the portion of the roadway
which may be used by motor vehicles.
A.
It shall be unlawful for any person to drive or operate
any off-highway vehicle on private lands, municipal property, parks
and trails within the Town of Malta 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-highway vehicle and must be presented, upon demand, to any
peace officer or police officer so demanding.
[Amended 3-7-2005 by L.L. No. 4-2005]
B.
It shall be unlawful to operate any off-highway vehicle
within the Town of Malta 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.
C.
It shall be unlawful to operate any off-highway 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.
D.
It shall be unlawful to operate any off-highway vehicle
at a rate of speed greater than reasonable and prudent.
E.
It shall be unlawful to operate any off-highway vehicle
within 500 feet of any dwelling other than the dwelling house of the
operator.
F.
It shall be unlawful to operate any off-highway vehicle
on any highway or shoulder. Such vehicle may make a direct crossing
on a street or highway other than an interstate highway and other
than any controlled access highway at any time of day, provided that:
(1)
The crossing is made at an angle of approximately
90º to the direction of the highway and at a place
where no obstruction prevents a quick and safe crossing.
(2)
The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway.
(3)
The driver yields right-of-way to all oncoming traffic
that constitutes an immediate hazard.
(4)
In crossing a divided highway, the crossing is made
only at an intersection of the highway with another public street
or highway.
(5)
The crossing is made between the hours of 1/2 hour
after sunset or 1/2 hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are on.
G.
It shall be unlawful for any person under the age
of 10 years to operate an off-highway vehicle without the direct on-site
supervision of a person over the age of 18 years.
H.
It shall be unlawful to operate any snowmobile on
the Saratoga County Heritage Trail during the hours of 5:30 a.m. to
5:00 p.m. All snowmobile operators must comply with all of the legal
requirements to operate a snowmobile in New York State.
[Added 3-7-2005 by L.L. No. 4-2005]
Any peace officer or police officer having jurisdiction
within the Town of Malta who shall encounter any person operating
an off-highway vehicle in violation of this chapter, who is unable
to produce proof of ownership, shall remove said vehicle to a place
designated by the Saratoga County Sheriff or the New York State Police.
The owner or the 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.
A.
A violation of this chapter shall be deemed a violation.
B.
Pursuant to Title E of Parks, Recreation and Historic
Preservation Law, § 27.11, upon conviction, after a hearing
before a court of competent jurisdiction, a fine of not more than
$100 and/or imprisonment not exceeding 15 days, or both, may be imposed.
Failure to pay such fine may result in the impounding of the offending
off-highway vehicle until such fine is paid. Three convictions of
violations of this chapter within a continuous 18 months may also
result in the impoundment of the offending off-highway vehicle for
a period not to exceed 90 days. Such off-highway vehicle may after
90 days be redeemed by the owner after paying storage fees, if any,
and after paying an impoundment fee of $50 to the Town Clerk.
[Amended 5-1-1995 by L.L.
No. 2-1995]
C.
The parent, legal guardian or other person having
custody of a person who is under the age of 16 years at the time of
the violation of this chapter by such person under the age of 16 years
shall likewise be guilty of a violation if, after a hearing by a court
of competent jurisdiction, a determination is made that such violation
occurred by such person under the age of 16 years, and shall be subject
to a fine not to exceed $250.
