The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of off-highway vehicles within the
Town of Ghent in a manner which will minimize detrimental effects of such
use on the environment and to prevent accidents and the unauthorized use of
such vehicles on private lands and public highways.
As used in this chapter, the following words shall have the meanings
established below:
HIGHWAY
The entire width between the boundary lines of any right-of-way or
travelled way or place when any part thereof is open to the use of the public,
as a matter of right, for the purposes of vehicular traffic. This term includes
state highways, County highways, Town highways, by both dedication or use,
private roads and public parking lots.
MUNICIPAL PROPERTY
Real property owned, leased or used by the Town of Ghent or any governmental
agency.
OFF-HIGHWAY VEHICLES
Any self-propelled vehicle which is manufactured and sold for operation
primarily on areas which are not public highways, having a seat or saddle
for the use of the rider and designed to travel with wheels in contact with
the ground, and shall include such vehicles as are commonly known as motorcycles,
minibikes, trail bikes, all-terrain vehicles and mopeds, but shall not include
such vehicles which are intended to be utilized and actually utilized primarily
for agricultural business, gardening or property maintenance purposes.
OPERATE
To ride in or on, other than as a passenger, or to use or control
the operation of an off-highway vehicle in any manner, whether or not said
off-highway vehicle is under way.
OPERATOR
Every person who operates or is in actual physical control of an
off-highway vehicle.
OWNER
Any person having title to an off-highway vehicle. If an off-highway
vehicle is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not, after delivery of such
off-highway vehicle, be deemed an owner within the provisions of this section,
but the vendee or his assigns shall upon receipt of possession thereof be
deemed such owner, notwithstanding the terms of said contract, until the vendor
or his assignee shall retake possession of such vehicle. A person holding
only a security interest in an off-highway vehicle shall not be deemed an
owner unless such person has possession of such off-highway vehicle.
SHOULDER
That portion of the highway which lies outside the paved or unpaved
roadway immediately adjacent to the portion of the roadway which may be used
by motor vehicles.
Any peace officer or police officer having jurisdiction within the Town
of Ghent who shall encounter a person operating an off-highway vehicle in
violation of this chapter and who is unable to produce proof of ownership
of such off-highway vehicle, shall remove said vehicle to a place designated
by the Columbia County Sheriff, or the New York State Police. The owner or
the duly designated agent of the owner of such vehicle may regain the same
upon payment of the expenses and charges necessarily and actually incurred
in the removal and impoundment of said vehicle.
Nothing shall be construed to limit, repeal, modify or waive any existing
provision or requirement of law or regulation, whether federal, state or local,
but on the contrary, this chapter and the provisions herein shall be in addition
to any present law or regulation relating to the subject matter set forth
herein.