[HISTORY: Adopted by the Town Board of the Town of Ballston 10-1-1985.
Amendments noted where applicable.]
A.
The Town Board hereby finds that it is in the public
interest to promote the proper and safe use and operation of such vehicles;
to limit the operation of ATV's upon public highways and private property
without the consent of the owner; to protect and preserve the town's natural
resources, including its wildlife, wild forests, waters and scenic and wilderness
character; to reduce the effect on the environment of excess noise; to ensure
privacy of remote areas; and to afford opportunity for compatible enjoyment
of various recreational activities on the town's lands and open spaces.
B.
It is the purpose of this chapter to promote the safe
and proper use of ATV's for recreation and commerce in this town by encouraging
their use and development and minimizing detrimental effects of such use upon
the environment.
As used in this chapter, unless the context requires otherwise, the
following terms shall have the meanings indicated:
Any motorcycle, or any motor vehicle not equipped in conformity for
registration under § 401, 410, 411-b or 2261 of the Vehicle and
Traffic Law, provided that such vehicle does not exceed 60 inches in width
or 800 pounds' dry weight.
Any motor vehicle registered under Article 48-B of the Vehicle and Traffic
Law and is manufactured and sold for operation primarily on off-highway trails
or in off-highway competitions and only incidentally operated on designated
public highways.
An ATV designated as such in writing and filed with the Commissioner
of Motor Vehicles by the Chief Executive Officer of a municipality and operated
by a member of a civil defense organization of the municipality and equipped
with emergency lights.[1]
An ATV designated as such in writing and filed with the Commissioner
of Motor Vehicles by the Chief Executive Officer of any duly organized volunteer
ambulance company, fire department or paid fire department operated by a member
thereof and equipped with emergency lights.[2]
An ATV operated by a police or other peace officer while engaged
in the performance of his or her official duties within the area of his or
her territorial jurisdiction and equipped with emergency lights.
Any person engaged in the business of selling ATV's at wholesale
or retail, but excluding an individual who is not customarily engaged in such
business who is attempting to sell his or her own used ATV.
Any agency of the Town of Ballston and all municipalities within
the state.
The entire width between the boundary lines of any way or place when
any part thereof is open to the use of the public, as a matter of right, for
the purpose of vehicular traffic.
To ride in or on, other than as a passenger, or use or control the
operation of an ATV in any manner, whether or not said ATV is under way.
The operation or parking of an authorized emergency ATV, police or
civil defense ATV, including attendant equipment, displaying one or more lighted,
red or combination red or white lights which are revolving, rotating, flashing,
oscillating or constantly moving light and which ATV is engaged in transporting
a sick or injured person to the nearest appropriate site for transfer to an
ambulance as defined in Article 30 of the Public Health Law, transporting
emergency medical services, personnel and equipment to sick or injured persons,
pursuing an actual or suspected violator of the law or responding to or working
or assisting at the scene of an accident disaster, police call, alarm or other
emergency, but shall not include returning from such service.
Every person who operates or is in actual physical control of an
ATV.
Any person having title to an ATV. If an ATV is sold under a contract
of conditional sale whereby the title remains in the vendor, such vendor or
his or her assignee shall not, after delivery of such ATV, be deemed an owner
within the provisions of this chapter, but the vendee or his or her assignee,
upon receipt of possession thereof, shall be deemed such owner notwithstanding
the terms of such contract until the vendor or his or her assignee shall retake
possession. A person holding only a security interest in an ATV shall not
be deemed an owner unless such person also has possession of such ATV.
That portion of a highway which lies outside the paved or unpaved
roadway immediately adjacent to the portion of the roadway which may be used
by motor vehicles.
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.
It shall be unlawful for any person to drive or operate any ATV in the
following unsafe or harassing ways:
A.
Imprudent speed. At a rate of speed greater than reasonable
or proper under the surrounding circumstances.
B.
Reckless operation. In a careless, reckless or negligent
manner so as to unreasonably endanger the person or property of another or
cause injury or damage thereto.
C.
Intoxication and drugs. While in an intoxicated condition
or under the influence of narcotics or drugs as defined by § 114-a
of the Vehicle and Traffic Law.
D.
Lighting equipment. Operating other than as an emergency
vehicle and displaying one or more lighted red or combination red or white
lights which are revolving, rotating, flashing, oscillating or constantly
moving light.
E.
Railroad tracks. On the tracks of an operating railroad.
F.
Plantings. In any tree nursery or planting in a manner
which damages or destroys growing stock or creates a substantial risk thereto.
G.
On lands of another. On private property, without the
consent of the owner or lessee thereof. Any person operating an ATV upon lands
of another in violation of this section shall stop and identify himself or
herself upon the request of the landowner, his or her duly authorized representative
or lessee, and, if requested to do so by said landowner, representative or
lessee, shall promptly remove said ATV from the premises.
H.
Failure to stop and yield. In any place at any time failing
to stop and yield to an authorized ambulance, civil defense or police ATV,
or police vehicle being operated as an emergency vehicle, and approaching
from any direction.
I.
Failure and refusal to comply. In any place at any time,
failure or refusal to comply with any lawful order or direction of any police
officer or other person duly empowered to enforce all laws of the state relating
to ATV's.
A.
An ATV may not be driven or operated on a highway or
the shoulder. Such vehicle may make a direct crossing on a street or highway
other than the thruway, interstate highway and controlled access highways
at any time of the day, provided that:
(1)
The crossing is made at an angle of approximately 90º
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 oncoming 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.
(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 on.
B.
Other limitations.
(1)
No person shall operate an ATV while pulling a person
on skis or drawing or towing a sleigh, sled, toboggan or wheeled object which
carries or transports any person unless attached by a rigid support, connection
or towbar, and no person shall ride on or in a sleigh, sled, toboggan or wheeled
object which is being towed or trailed by an ATV unless attached by a rigid
support, connection or towbar.
(2)
No person shall operate an ATV on the frozen surface
of public waters within 100 feet of a person, including but not limited to
a skater, not in or upon an ATV or within 100 feet of a fishing shanty or
shelter, except at the minimum speed required to maintain forward movement
of the ATV, or on an area which has been cleared of snow for skating purposes
unless the area is necessary for access to the public water.
(3)
No person shall operate an ATV within 100 feet of a dwelling
between 11:00 p.m. and 8:00 a.m. at a speed greater than the minimum required
to maintain forward movement of the ATV.
A.
A violation of this chapter shall be deemed a violation.
B.
Upon conviction, after a hearing before a court of competent
jurisdiction, a fine of not more than $250 or an imprisonment term of not
more than 15 days, or both, may be imposed. Failure to pay such a fine may
result in the impoundment of the offending ATV until such fine is paid. Three
convictions of violations of this chapter within a continuous 18 months may
also result in the impoundment of the offending ATV for a period of time,
not to exceed 90 days. Such ATV may after 90 days be redeemed by the owner
thereof after paying storage fees, if any, and after paying an impoundment
fee, as established by the Town Board in the fee schedule, to the Town Clerk.[1]
C.
The parent, legal guardian or other person having custody
of a person who is under the age of 16 years at the time of the violation
of this chapter by such person under the age of 16 years shall likewise be
guilty of a violation, if after a hearing by a court of competent jurisdiction
it is determined that such violation was committed by such person under 16
years, and shall be subject to a fine not to exceed $250 or an imprisonment
term of not more than 15 days, or both.[2]
