This chapter shall be entitled "Local Law 4 of 2004, a Local Law Establishing
Regulations Regarding All-Terrain Vehicles and Personal Vehicles in the Village
of Poquott."
The Board of Trustees of the Incorporated Village of Poquott hereby
finds and determines that the environment and quality of life in the Village
of Poquott are essential assets of the Village; that the environment and its
preservation through the regulation of all-terrain vehicles and other personal
vehicles is important to the quality of life, safety and well-being of the
residents of the Village and their guests; and that regulation of these vehicles
is necessary for the preservation of the property and property values in the
Village of Poquott.
The purpose and intent of this chapter is to preserve the environment
and the quality of life in the Village of Poquott by establishing regulations
regarding all-terrain vehicles and other personal vehicles in the Village
of Poquott.
As used in this chapter, the following terms shall have the meanings
indicated:
ALL-TERRAIN VEHICLE
Any self-propelled vehicle which is manufactured for sale for operation
primarily on off-highway trails or off-highway competitions and only incidentally
operated on public highways, provided that such vehicle does not exceed 60
inches in width or 800 pounds dry weight; provided, however, that this definition
shall not include a snowmobile or other self-propelled vehicle manufactured
for off-highway use which utilizes the endless belt tread.
OPERATOR
The individual person operating the all-terrain vehicle or the personal
vehicle, whether or not he or she is the owner of the all-terrain vehicle
or personal vehicle.
PERSONAL VEHICLE
A personal vehicle for purposes of this chapter shall be any motorized
or otherwise self-propelled vehicle, including but not limited to scooters,
minibikes and other motorized bikes and vehicles that are intended to be for
the transport of either one or two individuals. For purposes of this chapter
a personal vehicle does not include a motorcycle which is properly registered
with the New York State Department of Motor Vehicles and is operated in accordance
with the Vehicle and Traffic Law of the State of New York.
PRIVATE PROPERTY
All property in the Village of Poquott that is owned by an individual
or individuals, corporation, partnership, limited liability company or partnership,
association or other form of ownership other than a municipal corporation,
authority or other government entity, including but not limited to the residential
properties in the Village.
PUBLIC PROPERTY
All sidewalks, easements or other areas dedicated or commonly used
by the public, as well as all lands in which title is vested in the Village
of Poquott, other political subdivisions or agencies or public authorities
thereof, located within the Village of Poquott, including public highways.
Any person convicted of violating any provision of this chapter shall
be punishable as follows: Each violation of this chapter shall be punishable
by a fine of not less than $250, plus the cost of impoundment and storage
and any other costs incurred by this Village in the impoundment of the vehicle
and the enforcement of this of this chapter.