[HISTORY: Adopted by the Board of Trustees of the Village of Carthage
3-17-2003 by L.L. No. 2-2003. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a county, city, town, village, school district, fire district
and a special or improvement district of a county or town.
To ride in or on, other than as a passenger, use or control the operation
of an ATV in any manner, whether or not said ATV is underway.
Every person who operates or is in actual physical control of an
ATV.
A person other than a lien holder, having the property in or title
to an ATV.
Includes an individual, partnership, corporation, municipal corporation,
the state and its agencies and subdivisions, and any body of persons, whether
incorporated or not.
Any public highway, road, street, avenue, alley, place or driveway.
That portion of highway improved, designed, or ordinarily used for
vehicular travel.
An organized race, exhibition or demonstration of limited duration
which is conducted according to prearranged schedule and in which general
public interest is manifested.
The entire width between 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
the purpose of vehicular traffic.
The Village of Carthage.
A.
Designated highway use. All Village streets or highways,
other than those specifically excluded, are designated as routes for ATV travel
for entering and leaving the Village. Said routes shall be posted in accordance
with the New York State regulations regarding ATV route signs.
B.
Limited use on designated streets. The primary purpose
of allowing travel of ATVs on the Village streets and highways is to allow
access to off-highway trails and any other ATV routes where ATVs are regularly
allowed. Travel in and on Village streets and highways is restricted to purposes
of moving from one point to another and not for continuous riding of ATVs
up and down Village streets and highways. Passing by a dwelling or point on
any street more than four times in a one-hour period shall constitute a violation
of this section.
C.
The following streets are hereby excluded: all of State
Street, Park Drive and any other Village facilities adjacent to Park Drive
and that portion of NYS Route 3 that lies within the Village.
D.
Limited operation on excluded streets in an emergency.
When authorized or directed by a state or local police officer, an ATV may
be operated on any portion of the excluded highways for the purpose of such
an emergency as provided by Article 8 of the Conservation Law.
The following are determined as ATV crossing areas:
Whenever the operation of an ATV is permitted on any Village street
or highway or portion thereof as provided in this chapter, the following conditions
and restrictions are hereby imposed to all such ATV operations:
A.
Public or private lands. Except as previously stated,
an ATV shall not be operated on any lands owned or occupied by, or under the
jurisdiction of, a governmental agency, including lands owned by the Village
of Carthage, the Town of Wilna, and the Carthage Central School System, except
that ATVs shall be allowed to park in Village-designated parking lots adjacent
to streets otherwise accessible to ATVs. An ATV shall not be operated on any
privately owned lands except with the written permission of any such owner/occupant,
except that a person may operate an ATV on his/her own land without such permission.
The operator of an ATV shall carry written permission (when required) while
operating an ATV on private lands. The operator of the ATV shall produce evidence
of such permission to any legally authorized enforcement officer.
B.
Sidewalks. It shall be unlawful to operate an ATV upon
a public sidewalk or walkway.
C.
Direction of travel. No person shall operate an ATV within
the street or highway right-of-way of the Village except on the right side
of such right-of-way and in the same direction as the highway traffic. Operation
on any other public places shall be only in the direction, if any, marked
by appropriate route direction signs.
D.
Prohibited operating hours. No person shall operate an
ATV on any Village streets between the hours of 10:00 p.m. and 6:00 a.m.
E.
Special events. It shall be unlawful to operate an ATV
at special events unless sanctioned by the Village Board. The person in charge
of a special ATV event or competition must apply to the Village Clerk for
written authorization at least 30 days before the event unless it is held
entirely on private property. The Village Board shall have the authority to
establish requirements with respect to protection of participants and observers
of any event for which such a permit is required. The Village Board may also
establish requirements so that the event does not become a nuisance or annoyance
to the general public. The Village Board may refuse to grant a permit to persons
applying for special events permits in the event that they do not meet requirements.
F.
Unnecessary noise. It shall be unlawful to operate an
ATV, including at special events as permitted and sanctioned by the Village
Board, in any manner which creates a loud, unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons or in
any other manner which constitutes a public nuisance or annoys or inures or
endangers the health, safety, comfort or repose of the public. No person shall
use a muffler cutout, bypass or other devices to defeat the operation of a
muffler in good working condition.
G.
Unattended ATVs. It shall be unlawful for any owner or
operator to leave or allow an ATV to be left unattended on any Village street
while the motor is running or with any key for starting the same left in the
ignition or elsewhere in or on said ATV.
H.
Obedience to vehicular traffic control. Each person operating
an ATV on any Village street shall observe strictly all vehicular traffic
signs and signals and all other rules and regulations applicable to vehicular
traffic and shall obey the orders and direction of any state or local police,
including fire police, or other law enforcement authorized to direct or regulate
traffic.
I.
Speed limit. No one shall operate an ATV on the streets
or highways of the Village at a speed greater than the prevailing speed limit.
J.
Only persons 16 years and older may operate ATVs in the
Village of Carthage provided such individuals are otherwise licensed to operate
a motor vehicle.
