[HISTORY: Adopted by the Town Board of the Town of Walworth 5-19-1983 by L.L. No. 3-1983; amended in its entirety 2-7-2008 by L.L. No. 1-2008. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the Town of Walworth "Snowmobile, All-Terrain Vehicle and Off-Road Motorcycle Law."
The purpose of this chapter is to protect the public health, welfare and safety by prohibiting the operation of snowmobiles, all-terrain vehicles and off-road motorcycles and by regulating the operation of these vehicles in public parks and on private lands and places in the Town of Walworth in a manner which will be compatible with the use of such private lands and which will promote the safe and proper use of snowmobiles, all-terrain vehicles and off-road motorcycles for recreation and minimize detrimental effects of such use on the environment.
The following words shall have the meanings respectively ascribed to them for purposes of this chapter or the current definitions of the New York State Vehicle and Traffic Law:
- ALL-TERRAIN VEHICLE
- Any self-propelled wheeled vehicle which is manufactured for sale for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways, providing that such vehicle does not exceed 70 inches in width or 1,000 pounds dry weight.
- MARKED TRAIL
- A trail established by covenant or agreement with a property owner that is maintained by a club affiliated with the New York State Snowmobile Association (NYSSA).
- OFF-ROAD MOTORCYCLE
- A motorcycle which is not equipped in conformity with § 381 of the New York State Vehicle and Traffic Law and which is manufactured and sold for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on public highways.
- A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners, and is supported, in whole or in part, by one or more skis, belts or cleats.
- TOWN PARKS
- All areas of parklands owned by the Town of Walworth, except a roadway designed for use of vehicles licensed under the Vehicle and Traffic Law of the State of New York.
No person shall operate a snowmobile, all-terrain vehicle or off-road motorcycle on private lands or on Town parkland in the Town of Walworth at any time without consent of the owner or other person legally in possession of said premises.
No person shall operate a snowmobile, all-terrain vehicle or off-road motorcycle on private lands in the Town of Walworth within 75 feet of a building owned by another and used for human habitation. This section shall not apply to use of public rights-of-way by licensed vehicles and to the use of agricultural or construction vehicles even though unlicensed when used in and for the purpose designed.
No person shall operate a snowmobile, all-terrain vehicle or off-road motorcycle on his or her own land in the Town of Walworth if it is within 25 feet of a building not used for human habitation and owned by another.
No person shall operate a snowmobile, all-terrain vehicle or off-road motorcycle on public property or on Town parkland at any time, except on designated roadways or in accordance with marked trails during posted permitted use periods, when properly licensed, or on lands specified by the Town Board within the Town of Walworth at any time.
The club(s) associated with the NYSSA shall submit a map of the designated marked trails to the Town of Walworth before December 26 of each year. If modifications occur on the marked trails, the club(s) associated with NYSSA will submit a revised copy to the Town of Walworth.
Unless otherwise specifically provided by state statute, any person who violates any provisions of this chapter shall be guilty of a violation and, upon conviction for a first offense, shall be subject to a fine of not more than $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment. Upon conviction of a second offense, the fine shall not exceed $500 or imprisonment not to exceed 15 days, or both such fine and imprisonment. Upon conviction of a third or subsequent offense, the fine shall not exceed $750 or imprisonment not to exceed 15 days, or both such fine and imprisonment.