[HISTORY: Adopted by the Town Board of the Town of Niskayuna 7-17-1984 as L.L. No. 4-1984; amended in its entirety 8-24-2021 by L.L. No. 4-2021. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
MOTORCYCLE
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 by § 123 of the Vehicle and Traffic Law).
OFF-ROAD VEHICLES
All-terrain vehicles (sometimes known as "ATVs"), as that term is defined in § 2281, Subdivision 1, of the New York State Vehicle and Traffic Law, off-highway motorcycles, as that term is defined in § 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts, gas buggies and any and all other types of motorized trail bikes or motorized vehicles that are manufactured and equipped for sale or operation primarily on off-highway trails or for off-highway competitions, and which may not be operated lawfully on public highways, except under the limited circumstances authorized and prescribed by the New York State Vehicle and Traffic Law.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an off- road vehicle in any manner, whether or not the off-road vehicle is under way.
PUBLIC HIGHWAY
Any public highway, road, alley, street, avenue, path, or other public way.
PUBLIC PROPERTY
Any public place (including streets, roadways and pedestrian walkways), driveway, lot, facility, path, trail, park, or other public property in the Town of Niskayuna.
SNOWMOBILE
A self-propelled vehicle designed 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 (as defined by § 21.05, Subdivision 3, of the Parks and Recreation Law).
The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility by regulating the operation of off-road vehicles (as defined herein), motorcycles and snowmobiles within the Town of Niskayuna. It is also the purpose of this chapter to prevent those individuals who wish to use and operate off-road vehicles, motorcycles, and snowmobiles within the Town of Niskayuna from trespassing on public or private property, from annoying inhabitants and from creating a public nuisance.
It shall be unlawful for any person to operate an off-road vehicle, motorcycle or snowmobile in or upon any public place, except that duly registered motorcycles may be operated in accordance with law in or upon any public street, road or highway other than a walkway situated within a public place, and snowmobiles may be operated by authorized agencies or during emergencies as defined by the Parks and Recreation Law.
A. 
It shall be unlawful for any person to drive or operate any motorcycle, off-road vehicle or snowmobile on private lands of another person within the Town of Niskayuna without the express written permission of the owners or occupants of said property. Any such written permission must be in the possession of the persons operating the motorcycle, off-road vehicle or snowmobile and must be presented upon demand to any police officer so demanding.
B. 
It shall be unlawful for any person to drive or operate any motorcycle, off-road vehicle or snowmobile on private land with or without written permission within 200 feet of any dwelling other than the dwelling of the operator or person giving permission to allow operation on his land.
A. 
Any person who operates an off-road vehicle, motorcycle or snowmobile in violation of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both.
B. 
In addition to the penalties set forth in Subsection A of this section, a police officer may immediately impound an off-road vehicle, motorcycle or snowmobile that has been operated in violation of this chapter. Such impounded off-road vehicle, motorcycle or snowmobile shall be stored by the police department or enforcement agency pending the identification of the owner of the off-road vehicle, motorcycle or snowmobile as registered with the New York State Department of Motor Vehicles. Such titled owner shall be sent notice of the impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding the off-road vehicle, motorcycle or snowmobile, nor the Town of Niskayuna, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of an off-road vehicle, motorcycle or snowmobile that was operated in violation of this chapter and impounded pursuant to this subsection may redeem the off-road vehicle, motorcycle or snowmobile upon satisfactory proof of ownership and payment of a redemption fee of $2,350.
C. 
An off-road vehicle, motorcycle or snowmobile impounded under Subsection B of this section shall only be released to the owner of the off-road vehicle, or to the owner's authorized agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney.
The Town of Niskayuna Police Department or any other peace or police officer shall enforce the provisions of this chapter. This chapter shall be interpreted and enforced in a manner consistent with and in addition to the provisions of the New York State Vehicle and Traffic Law, insofar as New York State law permits. In case of direct conflict or preemption, New York State law shall take precedence.
If any clause, sentence, paragraph, or part of this chapter or application thereof to any person or circumstances shall be judged by any court to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, or the application thereof to other persons and circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof and the persons or circumstances directly involved in the controversy in which the judgment shall have been rendered.