[HISTORY: Adopted by the Board of Trustees of the Village of Ballston
Spa at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 192.
The purpose of this chapter is to protect the public health, welfare,
safety, peace and tranquillity by regulating the operation of motorcycles,
snowmobiles and limited-use off-road vehicles within the Village of Ballston
Spa. It is also the purpose of this chapter to prevent those inhabitants of
the Village of Ballston Spa who wish to operate and use motorcycles, snowmobiles
and limited-use off-road vehicles from trespassing on public or private property
in the Village of Ballston Spa, from annoying inhabitants and from creating
a public nuisance.
As used herein, the following words shall have the meanings set forth
below:
An unenclosed limited-use vehicle having only two or three wheels,
with a seat or saddle for the operator. A "limited-use motorcycle" having
the maximum performance speed of more than 20 miles per hour but not more
than 30 miles per hour shall be a Class A limited-use motorcycle. A "limited-use
motorcycle" having a maximum performance speed of more than 20 miles per hour
shall be a Class B limited-use motorcycle. A "limited-use motorcycle" having
a maximum performance speed 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.
A self-propelled vehicle designed to 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.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle on the private lands of another person within the Village of Ballston
Spa without written permission of the owners or occupants of said property.
The written permission must be in the possession of the persons operating
the motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle and must be presented upon demand to any peace officer or police officer
so demanding.
B.
The following are prohibited within the Village of Ballston
Spa at all times:
(1)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or off-road limited-use vehicle in such a manner as to disturb
or interfere with the peace and tranquillity of persons by creating loud,
unnecessary or unusual noise.
(2)
The operation of any motorcycle, limited-use motorcycle,
snowmobile 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,
snowmobile or limited-use off-road vehicle at a rate of speed greater than
reasonable or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle, with or without written permission,
within 1,000 feet of any dwelling other than the dwelling house of the operator.
(5)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle on any lands leased, owned or controlled
by the Village of Ballston Spa, except as provided by local law. This shall
not be construed to prohibit lawful operation of vehicles on public streets
or thoroughfares.
A.
Section 196-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle is entering the public highway from a private driveway.
B.
This chapter shall not apply to police and emergency
vehicles.
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.
Notwithstanding § 196-5, any enforcement officer of the Village of Ballston Spa Police Department who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter shall remove said vehicle to a place designated by the Chief of Police. The owner or duly designated agent of the owner of such vehicle may regain the same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle.
B.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicles in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this section will be sold at
public auction according to the appropriate procedures and law affecting public
auctions by municipalities.
The Village of Ballston Spa Police Department shall enforce the provisions
of this chapter.
