[HISTORY: Adopted by the Town Board of the Town of Newfane 6-12-1985 by L.L. No.
4-1985; amended in its entirety 1-22-1986 by L.L. No.
1-1986 (Ch. 41 of the 1971 Code). Subsequent amendments
noted where applicable.]
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating the operation
of motorcycles, limited-use motorcycles and limited-use off-road vehicles
within the Town of Newfane. It is also the purpose of this chapter
to prevent those who wish to operate and use motorcycles, limited-use
motorcycles and limited-use off-road vehicles from trespassing on
public or private property in the Town of Newfane, from annoying any
person or persons and from creating a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
An unenclosed limited-use vehicle having two, three, or four
wheels (a quad) with a seat or saddle for the operator. A limited-use
motorcycle having a maximum performance speed of more than 20 miles
per hour but not more than 30 miles per hour shall be a Class B limited-use
motorcycle. A limited-use motorcycle having a maximum speed of performance
of not more than 20 miles per hour shall be a Class C limited-use
motorcycle.
A vehicle, other than one currently licensed to be operated
or driven upon a public highway, which is propelled by any power other
than human power.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor, as defined in § 123
of the Vehicle and Traffic Law.
A.
It shall be unlawful for any person to drive or operate any motorcycle,
limited-use motorcycle or limited-use off-road vehicle on private
lands of another person within the Town of Newfane without permission
of the owners or occupants of said property.
B.
The following are prohibited within the Town of Newfane at all times:
(1)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road vehicle in such a manner as to disturb or interfere with
the peace and tranquility of persons by creating loud, unnecessary
or unusual noise at any time or to do so during the hours between
8:00 p.m. and 8:00 a.m.
(2)
The operation of any motorcycle, limited use motorcycle or limited-use
off-road 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 motorcycle, limited-use motorcycle or limited-use
off-road vehicle at a rate of speed greater than reasonable or prudent
under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road 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 motorcycle, limited-use motorcycle or limited-use
off-road vehicle on any lands leased, owned or controlled by the Town
of Newfane except as provided by local law. This shall not be construed
to prohibit lawful operation of vehicles on public streets or thoroughfares.
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 or imprisonment not exceeding 15 days, or both.
A.
In addition to the penalties provided by § 249-5, any ordinance enforcement officer of the Town of Newfane or any officer of the Niagara County Sheriff's Department or New York State Police who shall encounter any person operating a motorcycle, limited-use motorcycle or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Newfane, 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 shall be $100.)
B.
In the case of a second or subsequent violation, the court may order
confiscation of said vehicle in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this subsection will
be sold at public auction according to the appropriate procedures
and law affecting public auction by municipalities. (The minimum bid
should cover cost and penalties to date.)
The Ordinance Enforcement Officer of the Town of Newfane or
his deputy, the Niagara County Sheriff's Department and the New
York State Police shall enforce the provisions of this chapter.
