[HISTORY: Adopted by the Board of Trustees of the Village
of Fort Edward 7-15-1985 by L.L. No. 1-1985 (Ch. 92 of the 1985
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 313.
The Board of Trustees recognizes the potential adverse impact
on the health, safety and general welfare of the residents of the
Village of Fort Edward and to property within the Village by the use
of unlicensed motor-driven vehicles and, therefore, deems it appropriate
to control the use of said vehicles.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
All streets, sidewalks, easements or any other areas dedicated
or commonly used for vehicular or pedestrian traffic.
Any type of unlicensed motor-driven vehicle or conveyance,
including but not necessarily limited to snowmobiles, two-wheeled
motor vehicles known as "trail bikes" and "motor scooters" and four-wheeled
or three-wheeled motor vehicles commonly known as "go-carts" or "all-terrain
vehicles," but not including mopeds or any vehicle used for agricultural,
landscaping or lawn maintenance purposes.
All parks, recreation areas, ball parks, lake and river areas,
storage facilities, garage areas, parking areas and any and all other
Village-owned land and premises.
It shall be unlawful for any person to operate any unlicensed
motor-driven vehicle upon any public property or Village-owned land
in the Village of Fort Edward.
A.Â
The operation of an unlicensed motor-driven vehicle is prohibited
upon private property unless the operator of said unlicensed motor-driven
vehicle has the express permission of the owner of said private property
to operate said vehicle on said property.
B.Â
Any driver or operator of an unlicensed motor-driven vehicle who
enters or remains upon private property which is either fenced or
otherwise enclosed in a manner designed to exclude intruders, to where
notice against trespassers is given by posting in a conspicuous manner
or where notice against trespassing has been personally communicated
to such person by the owner of such land or other authorized person,
shall be presumed to be operating without the permission of the owner
of said property.
It shall be unlawful to operate any unlicensed motor-driven
vehicle in a careless, reckless or negligent manner so as to endanger
the safety of any person or the property of any person.
A.Â
It shall not be unlawful for any employee of the Village of Fort
Edward to operate unlicensed motor-driven vehicles for the purpose
of maintaining, repairing or doing any public work within the scope
of his employment.
B.Â
Nothing herein shall prohibit the use or operation of unlicensed
motor-driven vehicles on premises duly approved for such use by the
appropriate officials or municipal regulatory bodies of the Village
of Fort Edward.
It shall be unlawful for the parent, guardian or any person
having the care, custody and control of any child under the age of
16 years knowingly to permit such child to operate an unlicensed motor-driven
vehicle in violation of the terms of this chapter.
Whenever any child under the age of 16 years is alleged to have
violated this chapter, his parent, guardian or any person having the
care, custody or control of the child shall be notified by the Chief
of Police or any person designated by him to give such notice.
The police shall immediately impound any unlicensed motor-driven
vehicle operated in violation of this chapter. The unlicensed motor-driven
vehicle shall be returned upon payment of the fine or upon the direction
of the court.
[Amended 4-7-1986 by L.L. No. 1-1986]
Any operator or parent, as defined in § 316-8, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250.
Should any section or portion of this chapter be in conflict
with the laws of the State of New York applicable to the operation,
registration, ownership or control of unlicensed motor vehicles, then,
in that instance, said laws of the State of New York shall prevail.