[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery during codification 10-7-1985 by L.L. No. 14-1985; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of recreational vehicles and bicycles on any lands, highways, roadways, streets, alleys, sidewalks, drives or park facilities located within the boundaries of the Village of Montgomery, Orange County, State of New York, to ensure that such operation or use thereof shall be in a manner which is safe, proper, minimizes any detrimental effects on the environment and which does not create conditions which are hazardous or annoy, inconvenience, disturb or alarm residents or any person within said village.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- Any self propelled, pedaled, wheeled device capable of carrying one or more persons.
- Includes impound, remove, tow, and generally shall be an act undertaken to cease, stop, terminate or prevent the continuation of any violation of any provision of this chapter.
- RECREATIONAL VEHICLE
- Any motor- or self-propelled vehicle, including but not limited to motorcycles, motorbikes, mopeds, dirtbikes, snowmobiles, power sleds, all-terrain vehicles, trikes, dunebuggies or other vehicles with wheel, tracks, rollers or skids.
- The Incorporated Village of Montgomery, Orange County, New York State.
- VILLAGE LANDS
- Any lands, roads, streets, highways, alleys, sidewalks, drives or park facilities located within the boundaries of the incorporated Village of Montgomery, Orange County, State of New York.
It shall be prohibited to operate any recreational vehicle on any village lands unless such operation is required by an emergency for emergency purposes only and/or such operation is authorized or directed by a peace officer or police officer or as approved by the Village Board of Trustees as required for some special activity or emergency. This provision shall not prohibit the lawful use of properly licensed or registered vehicles on public highways or on private lands with the express prior permission of the owner of such lands.
The use by anyone of a bicycle on any village lands shall be in accordance with all established laws, rules and regulations as presented in the New York State Vehicle and Traffic Law and shall also comply with the following rules and regulations as follows:
Riding abreast. When two persons in a group are operating bicycles on a roadway, they shall ride single file.
Extra passenger. No person operating a bicycle shall carry another person, except upon a seat specifically provided for such passenger.
Emerging from alleys, driveways and garages. The operator of a bicycle emerging from an alley, driveway, garage or private sidewalk shall stop the bicycle immediately prior to driving onto or across a public sidewalk or roadway and shall exercise extreme care in making such movements.
Clinging to vehicles. No person operating a bicycle shall cling or attach himself or the bicycle to any other moving vehicle.
Intoxication. No person shall operate a bicycle while in an intoxicated condition.
Drugs. No person shall operate a bicycle while his ability to operate such a bicycle is impaired by the use of drugs or a drug as defined in the Vehicle and Traffic Law of New York State § 1192 Subdivision 4.
Lights. No bicycle shall be operated within the period from sunset to sunrise without having a properly lighted headlight attached to the front of the bicycle, visible under normal atmospheric conditions from the front thereof a distance of not less than 300 feet, nor without having a red reflector attached to the rear of the bicycle, which is clearly visible in the headlight beam of a motor vehicle for a distance of not less than 200 feet to the rear of the bicycle.
Mechanical condition. No person shall operate a bicycle which is not in such mechanical condition so that it can be operated safely.
Trick riding. Any person operating a bicycle shall refrain from any trick riding and shall operate said bicycle with at least one hand on the handlebars.
Compliance with regulations. Every person operating a bicycle shall obey all stop signs and traffic-control signals and comply with all traffic regulations.
Sidewalks restricted. No person shall operate, park, abandon or keep motionless a bicycle on any sidewalk within the village. However, the walking of bicycles in an orderly manner on such sidewalks and the parking of bicycles in an upright position on the sidewalks at curbside parallel to the road and properly chained or otherwise secured from theft shall be permitted.
Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
Traffic regulations. Every person operating a bicycle shall strictly observe all traffic rules and regulations applicable thereto and shall obey the orders and directions of every officer of the village authorized to direct or regulate traffic.
Any misuse, unsafe use or use of a bicycle or recreational vehicle that creates a hazardous or unsafe condition, or annoys, inconveniences, disturbs or alarms a resident, motorist or any other person within the village is prohibited and shall result in the confiscation of such bicycle or recreational vehicle by the police. Any violation of any provision or provisions of this chapter shall be grounds for or result in the confiscation of said bicycle or recreational vehicle used in the commission of such violation.
Confiscation of a recreational vehicle or bicycle shall be done strictly in accordance with the following guidelines:
Confiscation shall be directed or enacted by a village police officer.
Upon confiscation, the person owning or using said recreational vehicle or bicycle shall be given a receipt by the police officer for said confiscated item.
In the event the operator of said recreational vehicle or bicycle is a minor, the parent or guardian of said operator shall be notified immediately of the confiscation and violation or misuse of said recreational vehicle or bicycle and the parent or guardian shall be served with any and all complaints, summonses or uniform traffic tickets as required by the actions of said minor operating such recreational vehicle or bicycle.
Upon confiscation, the person operating the confiscated recreational vehicle or bicycle shall be advised of the reason for such confiscation and shall be issued an appearance ticket or uniform traffic ticket which indicates the time of the offense, location of the offense, the date of the offense, the nature of the offense and the time, date and location where he is to appear in court to answer said charges against him.
Any and all costs, damages, fee's, tow charges, storage charges or other expenses incurred during or by the confiscation of any recreational vehicle or bicycle shall be the lawful responsibility of the operator of such confiscated recreational vehicle or bicycle and/or the lawful responsibility of the owner of such confiscated recreational vehicle or bicycle. In the event that the operator and/or owner of such confiscated recreational vehicle or bicycle is a minor, the lawful responsibility for any such expenses or costs as aforementioned shall be that of the operator's and/or owner's parent or guardian.
Prior to releasing any confiscated recreational vehicle or bicycle confiscated under the authority of this chapter, the operator and or owner or in the case of a minor the parent or guardian of said operator and/or owner shall execute a sworm affidavit, under penalty of perjury, describing said recreational vehicle or bicycle and indicating that he is the lawful operator and/or owner of said recreational vehicle or bicycle and that he has satisfied and/or has paid in full any confiscation costs, expenses, fines, fees, tow charges, storage charges, cost of damages or any other expenses caused by or relating to the confiscation process and/or the violation or violations of this chapter.
Only when the operator and/or owner has complied fully with the provisions of § 99-3D(6) of this chapter shall the Police Department release or cause to be released any confiscated recreational vehicle or bicycle used or operated in violation of this chapter.
Any unclaimed recreational vehicle or bicycle shall be disposed of in accordance with Article 7-B of the Personal Property Law.
Any person violating any provision of this chapter shall upon conviction be punishable by a fine not exceeding $250 or a term of imprisonment for not more than 15 days or both for each offense.