Town of Montgomery, NY
Orange County
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[HISTORY: Adopted by the Town Board of the Town of Montgomery 8-10-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES

Vehicles and traffic — See Ch. 225.

§ 227-1
Legislative intent. 

§ 227-2
Definitions. 

§ 227-3
Prohibited acts. 

§ 227-4
Impoundment. 

§ 227-5
Penalties for offenses. 

§ 227-6
Exclusions. 

§ 227-7
Authority. 

§ 227-8
When effective. 

The Board of Trustees of the Town of Montgomery hereby finds that the increased use of ATVs throughout the Town of Montgomery without any regard for the rights of the property owners whose property is used for the operation of those ATVs, without the permission of said landowners and without regard for the noise emanating from said ATVs, and the dirt and dust raised up into the air by the operation of these ATVs, and the young age of the operators, have increased to such a degree that these ATVs are not only hazardous and detrimental to the health, safety and welfare of the residents of the Town of Montgomery as well as its property owners, but also to those who operate them with no regard for their own safety or the safety of others, and that regulation of the use of ATVs within the Town will protect residents and property owners within the Town and protect those who use ATVs within the Town. This chapter is intended to serve the foregoing purposes by regulating and prohibiting the use of ATVs in the Town of Montgomery except in conformity with the provisions of this chapter and rules and regulations promulgated hereunder.

As used in this chapter, the following terms shall have the meanings indicated:

ATV
Any all-terrain vehicle that is motor-propelled or contains a motor to assist the operation of said vehicle, and which vehicles are commonly referred to as "dirt bikes," "minibikes," "trail bikes," motorized sport bikes," "GoKarts," "all-terrain vehicles (ATVs)," "trikes," "quads," "snowmobiles," "dune buggies," and "golf carts," etc., which vehicles, by their nature and design, are not intended to be used and operated along paved roads and highways but are intended, rather, to be operated in dirt, sand, up and down hills, along trails and in similar-type areas.
PRIVATE PROPERTY
All land and buildings in the Town of Montgomery not included in the definition of "public property" nor part of the public road system.
PUBLIC PROPERTY
Lands and buildings, including Town parks owned or leased by the Town of Montgomery, any school district, the County of Orange or the State of New York or any other equivalent public body. This definition specifically excludes any public roadways owned or maintained by any of the aforementioned public entities.

It shall be unlawful to operate an ATV in the following locations and/or manner:

A. 

Upon public property at any time without express consent or a permit issued by the governmental agency in control of said property, which shall include easements granted to the Town including the same or similar restrictions.

B. 

Upon private property (other than that private property owned by the family of the operator) without the written consent of all of the owners of the private property.

C. 

In violation of the requirements and regulations of the Department of Motor Vehicles of the State of New York. Should the Department of Motor Vehicles require registration or licensing of said vehicles, then it shall be unlawful to operate said vehicle without proper registration and licensing.

D. 

In a manner that is disturbing and bothersome to adjoining property owners.

E. 

In a manner which causes or otherwise results in the propulsion of sand, dirt, dust, rocks, gravel or other similar materials beyond a property line.

F. 

Upon public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops or farm produce.

G. 

Without an operable muffler or other similar device to reduce the sound emitted from the vehicle or at a noise level of 75 decibels at a property or street line.

H. 

On or near any public roadway so as to cause operators of other motor vehicles to take evasive or irregular action to distance said motor vehicle(s) from an ATV.

I. 

Which is not in proper operating condition, which means that all of the original operating equipment specified by the original manufacturer or replacement equipment equal to the specifications of the original manufacturer's equipment must be present.

J. 

Upon any private street or right-of-way within the Town of Montgomery without the written permission of the owner of the private street or right-of-way.

K. 

While under the influence of liquor or drugs.

A. 

A police officer may impound any ATV:

(1) 

If the identity of the operator or owner of the ATV is unknown to the officer.

(2) 

If the operator of the ATV has no evidence of permission to operate the same on private property.

(3) 

If the operator has acknowledged a violation of this chapter to the police officer effecting the impound.

(4) 

If the ATV was involved in an accident causing serious injury or death.

(5) 

Where other good cause appears.

B. 

The period of impoundment for the ATV shall be for such period of time as is necessary for police purposes, which shall include use of the vehicle for identification in any court action. Any person wishing to have an ATV released from impoundment must make motion before the appropriate court, and said ATV shall only be released upon court order. Upon receipt of said court order, the ATV shall be released by the Montgomery Police Department upon payment of an impoundment fee of $500, which sum shall be payable to the Town Clerk, and any storage fees as incurred by the Montgomery Police Department.

C. 

The Police Department, upon the order of the Chief of Police or his duly authorized subordinate, may release in the absence of a court order if it deems that it has no further need of the vehicle for purposes of identification, subject to payment of any fees for storage, transport and impoundment.

A. 

For any violation of the terms of § 227-3, Prohibited acts, and § 227-4, General regulations, the offender shall be liable for a penalty not to exceed $250 for a first offense and $500 for a second offense and any subsequent offense within a twelve-month period measured from the date of the first alleged violation of this chapter.

B. 

Aggravated offense. It shall be an aggravated offense of this chapter if the use of the vehicle results in damage to standing crops or nursery production or otherwise involves damage to agricultural business stock. The person found to have committed an aggravating offense shall be subject to doubling of the fines set forth hereinabove.

This chapter shall not apply to the operation of ATVs on premises owned by the operator in the course of his business or by employees of the owner on the business of the owner or to the operation of ATVs under circumstances regulated by any agency of the State of New York.

This chapter is enacted pursuant to the Municipal Home Rule Law. This chapter shall supersede the provisions of the Montgomery Town Code and any other local law, ordinance or resolution to the extent it is inconsistent with the same, and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law or any other applicable statute.

This chapter shall take effect upon posting and filing with the Secretary of State of New York.