[HISTORY: Adopted by the Board of Trustees of the Village
of Pomona 8-17-2009 by L.L. No. 3-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 124.
It is the intent of this chapter to restate and implement New
York State law relating to all-terrain vehicles for the purpose of
informing users of these vehicles and other residents of the rights
and obligations of owners and users of the vehicles in order that
the use of the vehicles shall not become public nuisances.
As used in this chapter, the following terms shall have the
meanings indicated:
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, providing that
such vehicle does not exceed 70 inches in width, or 1,000 pounds dry
weight. This definition shall not include a "snowmobile" or other
self-propelled vehicle manufactured for off-highway use designed exclusively
for travel on snow or ice, steered by skis or runners and supported
in whole or in part by one or more skis, belts or cleats which utilize
an endless belt tread.
To ride in or on or to use or control the operation of an
ATV in any manner, whether or not such ATV is under way. A passenger
in an ATV shall not be considered to be an operator of such vehicle
unless such passenger is using or controlling the operation of such
vehicle.
Any person who operates or is in control of an ATV.
Any person having title to an ATV or a vendee or assignee
of a contract of conditional sale if such vendee or assignee is in
possession of such ATV.
An organized rally, race, exhibition or demonstration of
limited duration which is conducted according to a prearranged schedule
and in which general public interest is manifested.
A.
No person shall operate an ATV on any road or highway except that
an ATV may make a direct crossing on a highway provided that:
(1)
The crossing is made at an angle of approximately 90° to the
direction of the highway and at a place where no obstruction prevents
a quick and safe crossing;
(2)
The vehicle is brought to a complete stop before crossing the shoulder
or main traveled way of the highway;
(3)
The driver yields the right-of-way to all incoming traffic that constitutes
an immediate hazard;
(4)
In crossing a divided highway, the crossing is made only at an intersection
of the highway with another public street or highway; and
(5)
If the crossing is made between the hours of 1/2 hour after sunset
to 1/2 hour before sunrise or, in conditions of reduced visibility,
only if both front and rear lights are lighted.
B.
No person shall operate an ATV on any public lands, waters or property
within the Village of Pomona.
C.
No person shall operate an ATV on the private property of another
without the consent of the owner or lessee thereof.
No person shall operate an ATV:
A.
Unless the ATV has been registered and numbered in accordance with
the provisions of the Vehicle and Traffic Law and the registration
number for such ATV is in full force and effect and is displayed as
required by the rules and regulations of the Commissioner of Motor
Vehicles;
B.
At a rate of speed greater than is reasonable and prudent under the
conditions and having regard to the actual and potential hazards then
existing;
C.
In a careless, reckless or negligent manner so as to unreasonably
endanger the person or property of another or cause injury or damage
thereto;
D.
While pulling a person on skis or drawing or towing a sleigh, sled,
toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
E.
Within 100 feet of a residential dwelling unit on property adjacent
to the property on which the ATV is being operated;
F.
Between the hours of 8:00 p.m. and 7:00 a.m. on weekdays or between
the hours of 6:00 p.m. and 8:00 a.m. Saturdays, Sundays and holidays.
No person shall operate an ATV unless it is equipped with:
A.
Brakes in good operating condition;
B.
A muffler system in good operating condition that meets federal standards
as established in 40 CFR (Code of Federal Regulations) Part 205.166,
Subpart E;
C.
A spark arrester approved by the United States Forest Service;
D.
Tires having at least 2/32 of an inch of tread with no visible breaks,
cuts, exposed cords, bumps or bulges;
E.
A lighted white headlight approved by the Commissioner of Motor Vehicles
and a lighted red taillight approved by the Commissioner when operated
for 1/2 hour after sunset to 1/2 hour before sunrise;
F.
No person shall operate an ATV or ride as a passenger on an ATV unless
he/she is wearing a protective helmet of a type approved by the Commissioner
of Motor Vehicles pursuant to Subdivision 6 of § 381 of
the Vehicle and Traffic Law.
Negligence in the use or operation of an ATV shall be attributable
to the owner. Every owner of an ATV used or operated within the Village
of Pomona shall be liable and responsible for the death or injury
to person or damage to property resulting from negligence in the use
or operation of such ATV.
Any person found guilty of violating any provision of this chapter
shall be subject to a fine not to exceed $500 for a first offense,
$1,000 for a second offense and $1,500 for a third or subsequent offense
within any twelve-month period.
