[HISTORY: Adopted by the Town Board of the Town of Wilton 9-5-1985
by L.L. No. 4-1985. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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.
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]
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.
