[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:
- BICYCLE
- Any self propelled, pedaled, wheeled device capable of carrying one or more persons.
- CONFISCATION
- 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.
- VILLAGE
- 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.
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.
