As used in this chapter, unless the context requires otherwise, the
following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
A.
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.
B.
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.
AUTHORIZED CIVIL DEFENSE ATV
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.
AUTHORIZED EMERGENCY ATV
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.
AUTHORIZED POLICE ATV
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.
DEALER
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.
GOVERNMENTAL AGENCY
Any agency of the Town of Ballston and all municipalities within
the state.
HIGHWAY
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.
OPERATE
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.
OPERATION AS EMERGENCY VEHICLE
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.
OPERATOR
Every person who operates or is in actual physical control of an
ATV.
OWNER
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.
SHOULDER
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.
SPECIAL EVENT
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.