The purpose of this chapter is to protect the public health,
welfare and safety by prohibiting and/or regulating the operation
of all-terrain vehicles.
As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE or ATV
[Amended 9-10-1996 by L.L. No. 2-1996]
A.
Any self-propelled vehicle which is manufactured for sale, for
operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways, provided that such
vehicle does not exceed 60 inches in width or 800 pounds dry weight;
provided, however, that this definition shall not include a snowmobile
or other self-propelled vehicles manufactured for off-highway use
which utilize an endless-belt tread.
B.
Notwithstanding the provisions of Subsection
A, the term "all-terrain vehicle or ATV" shall not include any vehicle used for agricultural purposes or for snowplowing other than for hire; provided, however, that any such vehicle shall register as an "all-terrain vehicle or ATV" pursuant to the provisions Article 48-B of the Vehicle and Traffic Law if such vehicle is used or is intended to be used for any purpose other than agricultural purposes or for snowplowing and shall be regulated in accordance with provisions governing the operation of "all-terrain vehicles or ATV" while in such use.
No person shall operate or drive an all-terrain vehicle on Town
lands, at any time, without the written prior consent of the Town.
No person shall operate or drive an all-terrain vehicle on any
portion of highways within the Town of Somerset. The word "highways"
shall include state highways, county highways, Town highways by dedication
or by use.
[Amended 9-10-1996 by L.L. No. 2-1996]
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.
The Town of Somerset, Niagara County Sheriff's Department
and the New York State Police shall enforce the provisions of this
chapter.