[HISTORY: Adopted by the Town Board of the
Town of Walworth 5-19-1983 by L.L. No. 3-1983; amended in its entirety 2-7-2008 by L.L. No.
1-2008. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the Town of
Walworth "Snowmobile, All-Terrain Vehicle and Off-Road Motorcycle
Law."
The purpose of this chapter is to protect the public health,
welfare and safety by prohibiting the operation of snowmobiles, all-terrain
vehicles and off-road motorcycles and by regulating the operation
of these vehicles in public parks and on private lands and places
in the Town of Walworth in a manner which will be compatible with
the use of such private lands and which will promote the safe and
proper use of snowmobiles, all-terrain vehicles and off-road motorcycles
for recreation and minimize detrimental effects of such use on the
environment.
The following words shall have the meanings respectively ascribed
to them for purposes of this chapter or the current definitions of
the New York State Vehicle and Traffic Law:
Any self-propelled wheeled vehicle which is manufactured
for sale for operation primarily on off-highway trails or in off-highway
competitions and only incidentally operated on public highways, providing
that such vehicle does not exceed 70 inches in width or 1,000 pounds
dry weight.
A trail established by covenant or agreement with a property
owner that is maintained by a club affiliated with the New York State
Snowmobile Association (NYSSA).
A motorcycle which is not equipped in conformity with § 381
of the New York State Vehicle and Traffic Law and which is manufactured
and sold for operation primarily on off-highway trails or in off-highway
competitions and only incidentally operated on public highways.
A self-propelled vehicle designed for travel on snow or ice,
steered by skis or runners, and is supported, in whole or in part,
by one or more skis, belts or cleats.
All areas of parklands owned by the Town of Walworth, except
a roadway designed for use of vehicles licensed under the Vehicle
and Traffic Law of the State of New York.
A.
No person shall operate a snowmobile, all-terrain vehicle or off-road
motorcycle on private lands or on Town parkland in the Town of Walworth
at any time without consent of the owner or other person legally in
possession of said premises.
B.
No person shall operate a snowmobile, all-terrain vehicle or off-road
motorcycle on private lands in the Town of Walworth within 75 feet
of a building owned by another and used for human habitation. This
section shall not apply to use of public rights-of-way by licensed
vehicles and to the use of agricultural or construction vehicles even
though unlicensed when used in and for the purpose designed.
C.
No person shall operate a snowmobile, all-terrain vehicle or off-road
motorcycle on his or her own land in the Town of Walworth if it is
within 25 feet of a building not used for human habitation and owned
by another.
D.
No person shall operate a snowmobile, all-terrain vehicle or off-road
motorcycle on public property or on Town parkland at any time, except
on designated roadways or in accordance with marked trails during
posted permitted use periods, when properly licensed, or on lands
specified by the Town Board within the Town of Walworth at any time.
E.
The club(s) associated with the NYSSA shall submit a map of the designated
marked trails to the Town of Walworth before December 26 of each year.
If modifications occur on the marked trails, the club(s) associated
with NYSSA will submit a revised copy to the Town of Walworth.
Unless otherwise specifically provided by state statute, any
person who violates any provisions of this chapter shall be guilty
of a violation and, upon conviction for a first offense, shall be
subject to a fine of not more than $250 or imprisonment not exceeding
15 days, or both such fine and imprisonment. Upon conviction of a
second offense, the fine shall not exceed $500 or imprisonment not
to exceed 15 days, or both such fine and imprisonment. Upon conviction
of a third or subsequent offense, the fine shall not exceed $750 or
imprisonment not to exceed 15 days, or both such fine and imprisonment.
