[HISTORY: Adopted by the Town Board of the Town of Wheatfield 12-3-1984
by L.L. No. 4-1984. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare,
safety, peace and tranquility by regulating the operation of motorcycles,
limited-use motorcycles, snowmobiles and limited-use off-road vehicles within
the Town of Wheatfield. It is also the purpose of this chapter to prevent
those who wish to operate and use motorcycles, limited-use motorcycles, snowmobiles
and limited-use off-road vehicles from trespassing on public or private property
in the Town of Wheatfield, from annoying any person or persons and from creating
a public nuisance.
As used herein, the following words shall have the meanings set forth
below:
An unenclosed limited-use vehicle having two, three or four wheels
(a quad) with a seat or saddle for the operator. A limited-use motorcycle
having the maximum performance speed of more than 20 miles per hour but not
more than 30 miles per hour shall be a Class B limited-use motorcycle. A limited-use
motorcycle having a maximum speed of performance of not more than 20 miles
per hour shall be a Class C limited-use motorcycle.
A vehicle other than one currently licensed to be operated or driven
upon a public highway, which is propelled by any power other than human power.
As defined in § 123 of the Vehicle and Traffic Law, every
motor vehicle having a seat or saddle for the use of the rider and designed
to travel on not more than three wheels in contact with the ground, but excluding
a tractor.
As defined by § 21.05, Subdivision 3, of the Parks, Recreation
and Historic Preservation Law, a self-propelled vehicle designed to travel
on snow or ice, steered by skis or runners and supported in whole or in part
by one or more skis, belts or cleats.
A.
It shall be unlawful for any person to drive or operate
any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle on private lands of another person within the Town of Wheatfield without
written permission of the owners or occupants of said property. The written
permission must be in the possession of the persons operating the motorcycle,
limited-use motorcycle, snowmobile or limited-use off-road vehicle and must
be presented upon demand to any peace officer or police officer so demanding.
However, there shall be an exception to the requirement of the necessity for
written permission where there are properly marked trails, in which case it
shall be presumed permission has been obtained from the owner and there shall
be no written permission necessary.
[Amended 3-18-1985 by L.L. No. 2-1985]
B.
The following are prohibited within the Town of Wheatfield
at all times:
(2)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle in a careless, reckless or negligent
manner so as to endanger or be likely to endanger the safety or property of
any persons, including the operator of the vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle at a rate of speed greater than
reasonable or proper under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle, with or without permission, within
500 feet of any dwelling other than the dwelling house of the operator, except
when the motorcycle, limited-use motorcycle, snowmobile or limited-use off-road
vehicle is used for household work, landscaping, grass cutting, snowplowing
or similar household tasks, and further provided that nothing obtained herein
shall prohibit the owner of the property or household members of the owner
of real property from using any motorcycle, limited-use motorcycle, snowmobile
or limited-use off-road vehicle on his or her own property. The operation
of all motorcycles, limited-use motorcycles, snowmobiles or limited-use off-road
vehicles shall be in compliance with Town of Wheatfield laws governing noise
levels.
[Amended 3-18-1985 by L.L. No. 2-1985; 3-3-2003
by L.L. No. 4-2003]
(5)
The operation of any motorcycle, limited-use motorcycle,
snowmobile or limited-use off-road vehicle on any lands leased, owned or controlled
by the Town of Wheatfield, except as provided by local law. This shall not
be construed to prohibit lawful operation of vehicles on public streets or
thoroughfares.
A.
Section 189-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle is entering the public highway from a private driveway.
B.
This chapter shall not apply to police and emergency
vehicles.
A.
Notwithstanding § 189-7, any enforcement officer of the Town of Wheatfield, Niagara County Sheriff's Department or New York State Police who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated for such a purpose. The owner or agent of the owner of such vehicle may regain the same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle, with such fees as shall be set forth from time to time by resolution of the Town Board.[1]
B.
In the case of a second or subsequent violation, the
court may order confiscation of said vehicles in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this section will be sold at
public auction according to the appropriate procedures and law affecting public
auctions by municipalities. (Minimum bid should reflect cost and penalties
to date.)
The Town of Wheatfield, Niagara County Sheriff's Department and the
New York State Police shall enforce the provisions of this chapter.
Except as otherwise provided by the New York State Parks, Recreation
and Historical Preservation Law or the Vehicle and Traffic Law, a failure
to comply with the provisions of this chapter shall be deemed a violation,
and, upon conviction, the violator shall be subject to a fine not exceeding
$250 or imprisonment not exceeding 15 days, or both.
