[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-21-1985
as Ch. 77 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 235.
The regulation of recreational vehicle use within the Town of Cheektowaga,
outside the incorporated areas of the Villages of Depew and Sloan, is deemed
necessary to preserve the public peace and good order, to prevent unreasonably
loud or disturbing noises which the Town Board of the Town of Cheektowaga
determines to be detrimental to the peace, welfare and good order of the people
and to promote the health, safety, morals and general welfare of the community,
including the protection and preservation of the property of the town and
of its inhabitants.
In this chapter, unless the context requires otherwise, the following
terms shall have the meanings indicated:
Snowmobiles, motorcycles, minibikes, trail bikes, motorbikes, all-terrain
vehicles and other motorized two- and three-wheeled vehicles and similar vehicles
and contrivances designed for operation primarily on off-highway trails.
No person shall drive, operate, ride upon or suffer, or permit to be
driven or operated or ridden upon, any recreational motor vehicle as defined
in this chapter within the corporate limits of the Town of Cheektowaga under
any of the following circumstances:
A.
On the private property of another without the express
prior written consent of the owner and the occupant of such property. Such
consent may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator shall keep such consent
on his person and available for immediate display at all times during the
period of such operation. Such express prior written consent shall not be
deemed a consent hereunder as to any person whose name is not set forth therein.
Failure to produce such express prior written consent upon demand therefor
by any peace or police officer shall be presumptive evidence that such consent
has not been given or received.
B.
On any public grounds or property within the town, outside
incorporated villages.
C.
In such manner as to create loud or unnecessary noise
or so as to interfere or disturb unreasonably other persons in the quiet enjoyment
of their property. To this end, no person shall operate a recreational motor
vehicle before the hour of 9:00 a.m. or after 7:00 p.m., prevailing time,
or sunset, whichever shall first occur.
D.
In a careless, reckless or negligent manner.
E.
On private property within 100 feet of property owned
by another.
Nothing herein contained shall be construed to restrict the right of
any person duly licensed under the provisions of the New York State Vehicle
and Traffic Law to operate a recreational motor vehicle, provided that the
same has been duly licensed and registered pursuant to the provisions of such
Vehicle and Traffic Law upon any public highway within the Town of Cheektowaga
where such vehicle may be operated or parked.
Any person who shall violate the provisions of this chapter shall be
guilty of a violation punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
If any section, subsection, paragraph, clause, phrase or provision of
this chapter shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the chapter as a whole or any part or provision
hereof, other than the part so adjudged to be invalid or unconstitutional.
This chapter shall become effective immediately upon the proper posting
and publication as provided in the Town Law.
