Town of Wilton, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wilton 9-5-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Noise and nuisances — See Ch. 79.
Vehicles and traffic — See Ch. 119.

§ 123-1 Purpose.

The purpose of this chapter is to protect the public health, welfare and safety by prohibiting and/or regulating the operation of off-road recreational vehicles (ORRV's) within the Town of Wilton.

§ 123-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OFF-ROAD RECREATIONAL VEHICLE (ORRV)
A motor vehicle which is not equipped in conformity with the Vehicle and Traffic Law (§ 381) and which is not registered in accordance with the provisions of the Vehicle and Traffic Law (§ 410) and which is manufactured and sold for operation primarily on areas which are not public highways and has a seat or saddle for the use of the rider and designed to travel on wheels in contact with the ground, and shall include such vehicles commonly known as "motorcycles," "minibikes," "trailbikes," "all-terrain vehicles" and "mopeds," but shall not include such vehicles when used customarily for agricultural, business, gardening or property maintenance purposes, and shall not include snowmobiles.

§ 123-3 Registration.

A. 
All ORRV's shall be registered with the Town of Wilton through the Town Clerk's office. The annual fee shall be $2, payable to the Town of Wilton, and shall be renewable 12 months from the date of previous registration. Failure to register any ORRV shall be deemed to be a violation of this chapter and subject the offender to the penalties provided in § 123-6.
[Amended 10-3-1991 by L.L. No. 3-1991]
B. 
The application for registration will require a brief description of the ORRV, including the name of the manufacturer and the factory number (serial number) of the vehicle, the name and address of the owner of the vehicle and, if the owner is a minor, the name and address of the parent(s) or legal guardians.
C. 
Registration of ORRV's is for use off-road only and is not intended for registration of ORRV's for use on public highways or for use on private lands.
D. 
Applications for registration will include a copy of the rules and regulations governing the operation and registration of any ORRV.
E. 
An ORRV registration sticker will be provided by the Town of Wilton and will be displayed on the ORRV in a conspicuous manner.
F. 
The Town Clerk shall maintain a record of the registration of the ORRV under the distinctive number assigned to the registration sticker.

§ 123-4 Required equipment; standards.

A. 
All operators will be required to wear a New York State Department of Transportation (DOT) approved helmet and eye protection.
B. 
All ORRV's shall conform to a noise level of not more than 86 decibels on the A Scale (SAE Test J1287) and will be equipped with a muffler and USDA approved spark arrestor.
C. 
All ORRV's will be required to have brakes capable of holding the ORRV from rolling on a grade.

§ 123-5 Operation.

A. 
An ORRV may not be operated:
(1) 
Between 10:00 p.m. and 8:00 a.m.
(2) 
One-half hour before sunset and 1/2 hour after sunrise without displaying a headlamp capable of a two-hundred-fifty-foot beam of light and a rear reflector.
(3) 
Without required equipment (DOT approved helmet and eye protection).
(4) 
On any public or private property without permission in writing.
(5) 
On public highways.
(6) 
By anyone under the age of 10 years unless under the direct, on-site supervision of a person over the age of 18 years.
(7) 
Within 200 feet of any dwelling without the consent of the owner, tenant or occupant thereof.
(8) 
Within 200 feet of any dwelling between 5:00 p.m. and 10:00 p.m.
(9) 
Without a registration sticker and certificate.
(10) 
Without a muffler and USDA approved spark arrestor and brake capable of holding the ORRV from rolling on a grade.
B. 
Any ORRV must yield the right-of-way to any pedestrian, bicycle, livestock or horseback riders. In the case of livestock or horseback riders, the ORRV shall stop and shut off the motor until the livestock or horses have cleared.
C. 
In crossing any highway, the operator of any ORRV shall stop the ORRV, make sure the way is clear and proceed to cross the ORRV at a ninety-degree angle to the highway.
D. 
The ORRV shall not be operated in any manner so as to annoy any other person or gatherings of people or in such a manner as to create loud, unnecessary or unusual noise.
E. 
The ORRV shall not be operated 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 said vehicle.
F. 
The owner/operator of any ORRV shall comply with all sections of the New York State Vehicle and Traffic Law and the New York State Penal Law.
G. 
The owner/operator is responsible for any damage incurred by his/her ORRV.
H. 
Parents or legal guardians shall be held responsible for any damage or violations committed by minors.

§ 123-6 Penalties for offenses.

A. 
A violation of this chapter shall be deemed a violation.
B. 
Upon conviction, after a hearing before a court of competent jurisdiction, a fine of not less than $25 and not more than $250 and/or imprisonment for a period not exceeding 15 days may be imposed, and the certificate of registration may be suspended for a period not to exceed one year. Failure to pay such a fine may result in the impoundment of the offending ORRV until such fine is paid. Three convictions of violations of this chapter within a continuous 18 months may also result in the impoundment of the offending ORRV for a period of time not to exceed 90 days. Such ORRV may, after 90 days, be redeemed by the owner thereof after paying storage fees, if any, and after paying an impoundment fee of $50 to the Town Clerk.
[Amended 10-3-1991 by L.L. No. 3-1991]
C. 
The parent(s), legal guardian or other person having custody of a person who is under the age of 16 years at the time of the violation of this chapter by such person under the age of 16 years shall likewise be guilty of a violation after a hearing by a court of competent jurisdiction and after a determination that such violation occurred by such person under 16 years, and shall be subject to a fine not less than $25 and not more than $250 and/or imprisonment for a period not exceeding 15 days.
[Amended 10-3-1991 by L.L. No. 3-1991]

§ 123-7 Enforcement.

A. 
Any and all of the rules and regulations of this chapter will be enforced by the Saratoga County Sheriff's Department and the New York State Police, and the Town of Wilton may appoint such other enforcement officers as may be necessary.
B. 
Rules and regulations can be promulgated and deleted as the need arises by the Town of Wilton.