[HISTORY: Adopted by the Town Board of the Town of Somerset 11-6-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 157.
The purpose of this chapter is to protect the public health, welfare and safety by prohibiting and/or regulating the operation of all-terrain vehicles.
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
[Amended 9-10-1996 by L.L. No. 2-1996]
A. 
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 vehicles manufactured for off-highway use which utilize an endless-belt tread.
B. 
Notwithstanding the provisions of Subsection A, the term "all-terrain vehicle or ATV" shall not include any vehicle used for agricultural purposes or for snowplowing other than for hire; provided, however, that any such vehicle shall register as an "all-terrain vehicle or ATV" pursuant to the provisions Article 48-B of the Vehicle and Traffic Law if such vehicle is used or is intended to be used for any purpose other than agricultural purposes or for snowplowing and shall be regulated in accordance with provisions governing the operation of "all-terrain vehicles or ATV" while in such use.
No person shall operate or drive an all-terrain vehicle on Town lands, at any time, without the written prior consent of the Town.
No person shall operate or drive an all-terrain vehicle on any portion of highways within the Town of Somerset. The word "highways" shall include state highways, county highways, Town highways by dedication or by use.
A. 
It shall be unlawful for any person to drive or operate any all-terrain vehicle on private lands of another person within the Town of Somerset without written permission of the owners or occupants of said property. The written permission must be in the possession of the person operating the all-terrain vehicle and must be presented upon demand to any peace officer or police officer so demanding.
B. 
The following are prohibited within the Town of Somerset at all times:
(1) 
The operation of any all-terrain vehicle in such a manner as to disturb or interfere with the peace and tranquility of persons by creating loud, unnecessary or unusual noise.
(2) 
The operation of any all-terrain 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 the vehicle.
(3) 
The operation of any all-terrain vehicle at a rate of speed greater than reasonable or proper under the surrounding circumstances.
(4) 
The operation of any all-terrain vehicle, with or without written permission, within 500 feet of any dwelling other than the dwelling house of the operator.
(5) 
The operation of any all-terrain vehicle on any lands leased, owned or controlled by the Town of Somerset, except as provided by local law. This shall not be construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
A. 
Section 188-5 shall not apply in those instances where a duly licensed operator of a duly licensed all-terrain vehicle is entering the public highway from a private driveway.
B. 
This chapter shall not apply to police and emergency vehicles.
[Amended 9-10-1996 by L.L. No. 2-1996]
A failure to comply with the provisions of this chapter shall be deemed a violation, and the violator shall be subject to a fine not exceeding $250.
A. 
Notwithstanding § 188-7, any enforcement officer of the Town of Somerset, Niagara County Sheriff's Department or New York State Police who shall encounter any person operating an all-terrain vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Somerset, and such vehicle may be reclaimed by the owner of such vehicle upon payment of expenses and charges necessary and actually incurred by the removal of said vehicle. If the owner of said vehicle is a minor under the age of 18 years, then the parent or guardian of said infant shall accompany the infant on the date the vehicle is picked up and expenses and charges are paid. The minimum fee is $100.
B. 
In the case of a second or subsequent violation, the court may order confiscation of said vehicles in lieu of any fine and/or imprisonment. Any vehicle which is confiscated pursuant to this section will be sold at public auction according to the appropriate procedures and law affecting public auctions by municipalities. The minimum bid should reflect cost and penalties to date.
The Town of Somerset, Niagara County Sheriff's Department and the New York State Police shall enforce the provisions of this chapter.