[HISTORY: Adopted by the Town Board of the Town of Barton as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-11-1994 by L.L. No. 2-1994]
The purpose of this article is to protect the public health, welfare
and safety by regulating and restricting the operation of recreational motor
vehicles on public highways and places in the Town of Barton in a manner which
will be compatible with the use of such highways and places for vehicular
and pedestrian travel and other uses and which will promote the safe and proper
use of recreational motor vehicles for recreation and commerce and minimize
detrimental effects of such use on the environment and inhabitants of the
Town of Barton.
A.
Unless otherwise defined herein, the terms, words and
phrases used in this article shall have the same meanings as such terms, words
and phrases are defined in § 21.05 of the Parks, Recreation and
Historic Preservation Law.
B.
MUNICIPALITY or MUNICIPAL CORPORATION
OPERATE
OPERATOR
OWNER
PERSON
PUBLIC WAY
RECREATIONAL MOTOR VEHICLE
ROADWAY
SPECIAL EVENT
STREET or HIGHWAY
TOWN
For the purpose of this article, the following words,
phrases and terms shall have the following meanings:
Includes a county, city, Town, village, school district, fire district
and a special or improvement district of a county or Town.
To ride in or on, other than as a passenger, use or control the operation
of a recreational motor vehicle in any manner, whether or not said recreational
motor vehicle is under way.
Every person who operates or is in actual physical control of a recreational
motor vehicle.
A person other than a lien holder, having the property in or title
to a recreational motor vehicle.
Includes an individual, partnership, corporation, municipal corporation,
the state and its agencies and subdivisions and any body of persons whether
incorporated or not.
Any highway, road, street, avenue, alley, public place or public
driveway.
Any motor vehicle, motorcycle, motor-driven cycle, motorized pedalcycle,
mopeds, minibikes, motor scooters, snowmobiles and similar motor vehicles
normally used on land for recreation or pleasure.
That portion of a highway improved, designed or ordinarily used for
vehicular travel.
An organized race, exhibition or demonstration of limited duration
which is conducted according to a prearranged schedule and in which general
public interest is manifested.
The entire width between 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.
The Town of Barton.
In addition to the provisions of Titles D and E of the Parks, Recreation
and Historic Preservation Law and the rules and regulations of the State Commissioner
of Parks, Recreation and Historic Preservation, the provisions of this article
shall be applicable to the operation of recreational motor vehicles within
the Town of Barton.
[Amended 9-10-2007 by L.L. No. 2-2007]
Except as provided in Article II hereinafter, it shall be unlawful for any person to drive or operate any recreational motor vehicle on, over or across any public way or public lands, highways, roads, streets, avenues, alleys, public places, public driveways, parks, water or other property of or owned by the Town. It is hereby determined that outside banks and shoulders of all Town streets and highways are impassable or nonexistent.
Whenever the operation of a recreational motor vehicle is permitted
in the Town, as provided in this article, the following conditions and restrictions
are hereby imposed on all such recreational motor vehicle operations:
A.
Nuisance. No person shall operate a recreational motor
vehicle on public or private lands at such hours, in such places or in such
a manner as to disturb the quiet or peace of the people or to interfere with
or damage property or cause personal injury.
B.
Unattended recreational motor vehicles. It shall be unlawful
for any owner or operator to leave or allow a recreational motor vehicle to
be left unattended on any Town highway or public place while the motor is
running or with the key for starting the same left in the ignition or elsewhere
in said recreational motor vehicle.
C.
Obedience to traffic regulations. Each person operating
a recreational motor vehicle on any Town highway shall observe all vehicular
traffic signs and signals and all other rules and regulations applicable to
vehicular traffic and shall obey the orders and directions of any state or
local police or other law enforcement officer authorized to direct or regulate
traffic.
D.
Financial security. It shall be unlawful for any person
to operate a recreational motor vehicle on any road or highway within the
Town, unless the owner or operator of such recreational motor vehicle is insured
against public liability and carries with him proof of financial responsibility,
such as a certificate of liability insurance of the type, coverage and of
the minimum amount as defined and required of owners and operators of motor
vehicles by the Vehicle and Traffic Law of the State of New York. Such proof
shall be displayed by the owner or operator of any recreational motor vehicle
upon request to any law enforcement officer or to any person who has suffered
or claims to have suffered either personal injury or damage to property as
a result of the operation of such recreational motor vehicle by any such owner
or operator.
E.
Prohibited operating hours. It shall be unlawful to operate recreational motor vehicles on such highways or roads between the hours of 11:00 p.m. and 6:00 a.m., except that on Friday and Saturday the prohibited hours shall be between 12:00 midnight and 6:00 a.m. Operation pursuant to this subsection shall not be considered a violation of § 101-4G of Chapter 101, Noise, of the Code of the Town of Barton.
Unless otherwise provided in the Vehicle and Traffic Law, any person
who violates any provision of this article shall be punishable by a fine of
not more than $1,000 or imprisonment for not more than 15 days, or both.
[Adopted 9-10-2007 by L.L. No. 2-2007]
A.
The Town of Barton wishes to foster and encourage all
types or agriculture and open space, including recreational facilities. The
goal is the encouragement of landowners and organizations to develop trails
for use by motorized vehicles. Several private all-terrain vehicle (ATV) trails
have been developed within the Town and are frequently used by clubs and individuals
for recreational purposes.
B.
Because of the difficulty of getting from trail to trail,
and parcel to parcel, without traveling on portions of Town of Barton roads,
this article authorizes ATV users, under the conditions specified herein,
to legally travel on all Town of Barton roads for the express purposes of
going from one trail to another trail, and crossing Town roads to access the
owner's adjacent property.
C.
Authorization for this article is granted under New York
State Consolidated Laws for Vehicle and Traffic (Article 48-C, § 2405).
In addition to their usual and customary meanings, the following terms
shall have the meanings indicated:
All-terrain vehicle or four-wheel motorized machine designed for
off-road usage.
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.
Every person who operates or is in actual physical control of an
ATV.
A.
Highways or roadways. No person shall operate an ATV
on a highway or roadway except as provided herein. An ATV may make a direct
crossing on a highway or roadway other than an interstate highway or roadway
or a controlled access highway or roadway, provided:
(1)
The crossing is made at an angle of approximately 90°
to the direction of the highway or roadway 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 or roadway;
(3)
The driver yields the right-of-way to all oncoming traffic
that constitutes an immediate hazard;
(4)
In crossing a divided highway or roadway, the crossing
is made only at an intersection of the highway or roadway with another public
street or highway or roadway; and
B.
Public lands other than highways or roadways. No person
shall operate an ATV on any public lands, waters and property other than a
highway or roadway, except that an ATV may be operated on any such lands which
have been designated and posted for travel by ATVs in accordance with the
provisions of § 2405 of Article 48-C of the New York State Vehicle
and Traffic Law.
C.
Private property. No person shall operate an ATV on the
private property of another without the consent of the owner or lessee thereof.
A.
No person shall operate an ATV:
(1)
At a speed greater than 25 MPH;
(2)
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;
(3)
On the roads of the Town of Barton, public lands (other
than highways or roadways), or on private property of another while in an
intoxicated condition or under the influence of narcotics or drugs.
B.
The operator of an ATV shall:
(1)
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;
(2)
Comply with any lawful order or direction of any police
officer or other person duly empowered to enforce the laws relating to ATVs;
(3)
Operate an ATV as far to the right of the roadway as
conditions allow;
(4)
Operate all ATVs in single-file fashion;
C.
ATVs may be operated on Town of Barton roads between
the hours of 7:00 a.m. and 10:00 p.m. on Sunday through Thursday and between
the hours of 7:00 a.m. and 11:00 p.m. on Friday and Saturday.
D.
Equipment. No person shall operate an ATV on Town of
Barton roads unless it is equipped with:
(1)
Brakes in good working condition;
(2)
A muffler system in good operating condition which meets
federal standards as established in 40 CFR (Code of Federal Regulations) Part
205166, Sub-Part E;
(3)
A spark arrester approved by the U.S. Forest Service;
(4)
Tires having at least 2/32 of an inch of tread with no
visible breaks, cuts, exposed cords, bumps or bulges;
(5)
A lighted white headlight and a lighted red taillight
approved by the NY Commissioner of Motor Vehicles that must be on at all times
while under operation on town of Barton roads;
E.
Crossing or traveling on Town of Barton roads will be
limited to one mile for the sole purpose of gaining access to trails or property
owners going from one parcel of their property to another.
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 NY Commissioner of Motor Vehicles.
G.
Operation by minors.
(1)
Except as provided by Subsection G(2) of this section, no person under the age of 16 years shall operate an ATV upon the roads of the Town of Barton, unless he or she is under the general supervision of a person 18 years of age or over or a person 16 years of age or over who holds an ATV safety certificate.
(2)
A person 10 years of age but less than 16 years of age
who has received safety training as prescribed by the commissioner of motor
vehicles and has received the appropriate ATV safety certificate issued by
the commissioner of motor vehicles may operate an ATV in the same manner as
a person who is 16 years of age and older.
(3)
The failure of a person to exhibit an ATV safety certificate
upon demand to any magistrate or any other officer having authority to enforce
the provisions of this article shall not be an offense, but shall be presumptive
evidence that such person is not the holder of such certificate.
(4)
No parent or guardian shall authorize or knowingly permit
his child or ward, if under 16 years of age, to operate an ATV in violation
of any provision of this article.
(5)
No owner or other person in possession of any ATV shall
authorize or knowingly permit any person under 16 years of age to operate
such an ATV in violation of any provision of this article.
