[HISTORY: Adopted by the Town Board of the Town of Fenton: Art. I, 12-22-1976
as Ch. 62 of the 1976 Code; Art. II, 6-1-1977 as L.L.
No. 4-1977. Amendments noted where applicable.]
[Adopted 12-22-1976 as Ch. 62 of the 1976 Code]
The purpose of this Article is to regulate the operation of go-karts
for the prevention of excessive, unreasonably loud and disturbing noise as
determined by the Town Board to be of such character, intensity or duration
as to be detrimental to the peace, welfare and good order of the people of
the Town of Fenton.
This Article shall be known and may be cited as the "Go-Kart Law of
the Town of Fenton."
As used in this Article, unless the contents or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Every device in, upon or by which a person or property is or may
be transported or drawn, powered by one or more two- or four-cycle internal
combustion engines, each producing 15 horsepower or less; excluding, however,
tractors, agricultural machinery, devices used for the care and maintenance
of real property, when so used, and vehicles licensed for operation on the
public highways of the State of New York.
Any person who charges for the use of real property for the operation
of go-karts in the Town of Fenton.
Any device consisting of more than one chamber or more than three
baffle plates, or the equivalent, for the purpose of receiving exhaust gases
from an internal combustion engine, which is effective in reducing noise.
As used herein, the muffler shall not include any device meeting the preceding
specifications which is equipped with a cutout, bypass or similar device.
This Article shall apply to the operation of go-karts on all lands,
public and private, within the Town of Fenton, except upon a public highway.
A.
No person shall operate a go-kart and no owner of a go-kart
shall permit the operation thereof before the hour of 9:00 a.m., excepting
Sunday, when no person shall operate or permit to be operated a go-kart within
the Town of Fenton before the hour of 2:00 p.m., and after the hour of 9:00
p.m., except on Friday and Saturday, when no person shall operate a go-kart
or permit a go-kart to be operated after the hour of 11:00 p.m., and except
on Sunday, when no person shall operate a go-kart or permit a go-kart to be
operated after the hour of 6:00 p.m.
B.
No owner of real property and no go-kart track operator
shall permit real property owned by him or under his control to be used for
operation of a go-kart before the hour of 9:00 a.m. on any day except Sunday,
when no go-kart shall be permitted to be operated before 2:00 p.m., and after
the hour of 9:00 p.m., except Friday and Saturday, when no go-kart shall be
permitted to be operated after the hour of 11:00 p.m., and except on Sunday,
when no go-kart shall be permitted to be operated after the hour of 6:00 p.m.
A.
No person shall operate a go-kart which is not equipped
with an adequate muffler in constant operation and properly maintained to
prevent excessive or unusual noise.
B.
No owner of a go-kart shall permit its operation on property
within the Town of Fenton unless it is equipped with an adequate muffler properly
maintained to prevent any excessive or unusual noise.
C.
No owner of real property and no go-kart operator owning
or having control of real property in the Town of Fenton shall permit the
operation of a go-kart thereon without a muffler in constant operation adequate
to prevent any excessive or unusual noise.
A.
Violation deemed to be an offense. Any person who commits
any act in violation of any provision of this Article shall be deemed to have
committed an offense against this Article and shall be liable for the penalties
herein imposed for such violation. Each act committed in violation of any
provision of this Article shall constitute a separate offense.
B.
Punishment. For every violation of any provision of this
Article, the person violating the same shall be subject to a fine of not more
than $100 or imprisonment not exceeding 30 days, or both.
C.
Civil penalty. Any person violating this Article shall
be subject to a civil penalty enforceable and collectible by the town in the
amount of $50 for each such offense.
D.
Injunction. In addition to the above provided penalties
and punishment, the Town Board may also maintain an action or proceeding in
the name of the town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this Article.
[Adopted 6-1-1977 as L.L. No. 4-1977]
This Article shall be known and may be cited as the "Town of Fenton
Motorcycle and Powered Vehicle Law."
The purpose of this Article is to protect the public health, welfare
and safety by prohibiting the operation of motorcycles and other powered vehicles
on railroad rights-of-way and by regulating the operation of motorcycles and
other powered vehicles in public parks and on private lands and places in
the Town of Fenton in a manner which will be compatible with the use of such
private lands and which will promote the safe and proper use of motorcycles
and other powered vehicles for recreation and minimize detrimental effects
of such use on the environment.
The following words shall have the meanings respectively ascribed to
them for purposes of this Article:
A motor-driven vehicle having a seat or saddle for the use of the
rider and designed to travel with not more than four wheels in contact with
the ground, but excluding a tractor. This definition shall include, but not
be limited to, vehicles commonly known as "motorcycles," "dirt bikes" and
"all-terrain vehicles."[1]
A vehicle designed to carry one or more persons, operating on wheels
and propelled by an internal combustion engine, except, however, vehicles
designed to be used for gardening, agriculture or lawn maintenance.
All areas of park lands owned by the Town of Fenton, except a roadway
designated for the use of vehicles licensed under the Vehicle and Traffic
Law.
A.
No person shall operate a motorcycle or powered vehicle
on a railroad right-of-way in the Town of Fenton at any time, except for the
purpose of crossing such a right-of-way at its intersection with a public
highway.
B.
No person shall operate a motorcycle or powered vehicle
on private lands in the Town of Fenton at any time without the consent of
the owner or other person legally in possession of said premises.
C.
No person shall operate a motorcycle or powered vehicle
on private lands in the Town of Fenton within 500 feet of a building used
for human habitation, except for parking licensed motor vehicles.
D.
No person shall operate a motorcycle or powered vehicle
on any park lands within the Town of Fenton at any time.
[Amended 8-31-1977 by L.L. No. 7-1977[1]]
Unless otherwise specifically provided by state statute, any person
who violates any provision of this Article shall be subject to a fine of not
more than $100 for a first offense, $200 for a second offense and $500 for
each subsequent offense.
