[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.
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:
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.
All land and buildings in the Town of Montgomery not included
in the definition of "public property" nor part of the public road
system.
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,[1] 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.
