[HISTORY: Adopted by the Town Board of the Town of LeRay as indicated
in article histories. Amendments noted where applicable.]
[Adopted 11-8-2001 by L.L. No. 3-2001]
The Town Board of the Town of LeRay, pursuant to the authority granted
it under § 130(7) of the Town Law, §§ 10 and 20 of
the Municipal Home Rule Law, and §§ 2400 and 2405(1) of the
Vehicle and Traffic Law, hereby enacts as follows.
The Town Board of the Town of LeRay has received requests in recent
months from ATV clubs that it open and designate certain Town highways or
portions thereof as open for travel by ATV's. In view of the authority
under the Vehicle and Traffic Law for such designation and upon a determination
of the Town that absent such designation it may be otherwise impossible for
ATV's to gain access to areas or trails adjacent to the Town highways,
it is desired that such designation be undertaken and that legislation be
approved on a local level. It is the purpose of this article to designate
as open to ATV usage certain specified Town highways within this jurisdiction
subject to applicable vehicle and traffic law regulations, as well as local
expansion of the same.
A.
The following Town roads as contained on the Town's
inventory of highways shall be considered open to use by ATV's, subject
to the rules and regulations set forth below. No other Town roads, unless
designated herein, shall be open for ATV travel.
Except as actually set forth in this article, the Town of LeRay hereby
incorporates by reference the provisions of Article 48-B (§§ 2280
through 2291) and 48-C (§§ 2400 through 2413) of the Vehicle
and Traffic Law of the State of New York as it now exists and as from time
to time may be amended, more specifically:
A.
Definitions: shall be controlled by incorporation of
§§ 2281 and 2401 of the Vehicle and Traffic Law;
B.
Operation of ATV's and operating rules: shall be
controlled by incorporation of §§ 2403 and 2404 of the Vehicle
and Traffic Law, including, but not limited to, those provisions of § 2404
(5);
C.
Equipment requirements: shall be controlled by incorporation
of § 2406 of the Vehicle and Traffic Law;
D.
Liability insurance/liability for negligence: insurance
requirements shall be controlled by incorporation of §§ 2407
and 2411 of the Vehicle and Traffic Law;
E.
Registration and Licensing of ATV's: shall be controlled
by Article 48-B (§§ 2280 through 2291 of the Vehicle and Traffic
Law), as the same may from time to time be amended.
A.
Operation of ATV's. ATV's shall only be operated
on those designated Town roads upon the right-hand margin or shoulder as not
to interfere with the normal flow of vehicular traffic;
B.
Age of operation. No person under age 16 shall operate
an ATV upon any Town road designated for ATV travel;
C.
Hours of operation. ATV's which are authorized to
operate upon designated Town roads may only be operated between sunrise and
sunset only.
D.
Speed limits. The speed limit established for operation
of ATV's upon said designated Town roads is not to exceed the speed of
30 miles per hour.
The Town shall designate, by conspicuous posting, all Town roads or
portions thereof which shall be authorized for ATV travel.
A copy of this article shall forthwith be filed with the Commissioner
of Motor Vehicles of the State of New York in accordance with Vehicle and
Traffic Law, § 2405(5).
