[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.
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.
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.
A.
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.
B.
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:
(1)
Riding abreast. When two persons in a group are operating
bicycles on a roadway, they shall ride single file.
(2)
Extra passenger. No person operating a bicycle shall
carry another person, except upon a seat specifically provided for
such passenger.
(3)
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.
(4)
Clinging to vehicles. No person operating a bicycle
shall cling or attach himself or the bicycle to any other moving vehicle.
(5)
Intoxication. No person shall operate a bicycle while
in an intoxicated condition.
(6)
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.
(7)
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.
(8)
Mechanical condition. No person shall operate a bicycle
which is not in such mechanical condition so that it can be operated
safely.
(9)
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.
(10)
Compliance with regulations. Every person operating
a bicycle shall obey all stop signs and traffic-control signals and
comply with all traffic regulations.
(11)
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.
(12)
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.
(13)
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.
C.
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.
D.
Confiscation of a recreational vehicle or bicycle
shall be done strictly in accordance with the following guidelines:
(1)
Confiscation shall be directed or enacted by a Village
police officer.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
