[HISTORY: Adopted by the Town Board of the Town of Poestenkill 8-28-1986 by L.L. No.
2-1986 (Ch. 154 of the 1986 Code); amended in its
entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
The Town Board recognizes the potential adverse consequences
to persons and property within the Town of Poestenkill attributable
to the use of unregistered motor-driven vehicles and, therefore, deems
it appropriate to control the use of said vehicles. Accordingly, the
purpose and intent of this chapter is to preserve and protect the
public health, welfare, safety, peace and tranquility by controlling
the use of said vehicles within the Town of Poestenkill.
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.
All parks, recreation areas, ballparks, lake and river areas,
storage facilities, garage areas, parking areas and any and all other
Town-owned land and premises.
Any type of unregistered 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," "all-terrain
vehicles" or "off-road recreational vehicles," but not including mopeds
or any vehicle used for agricultural, landscaping or lawn maintenance
purposes when used for that purpose. A motor-driven vehicle shall
be considered unregistered unless such vehicle possesses a valid New
York State registration and possesses the minimum liability insurance
required for operation under New York State Law.
It shall be unlawful for any person to operate any unregistered or uninsured motor-driven vehicle upon any public property or Town-owned land in the Town of Poestenkill, except as provided in § 215-7 hereof.
A.
The operation of an unregistered motor-driven vehicle is prohibited upon private property unless the operator of said unregistered motor-driven vehicle is the owner of said private property or a member of said owner's immediate household. No motor-driven vehicle shall be operated on the property of another unless the operator thereof has the permission of the owner of said private property to operate said vehicle upon said property. In the case of a motor-driven vehicle which is not required to be registered by the Vehicle and Traffic Law, such permission shall be in writing, which written permission shall be signed by said owner and shall contain the information set forth in § 215-5.
B.
Any driver or operator of an unregistered motor-driven vehicle who
enters or remains upon private property which is either fenced or
otherwise enclosed in a manner designed to exclude intruders or 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, unless such person possesses the written permission
of the owner.
A.
The written permission to operate an unregistered motor-driven vehicle
on private property required by this chapter shall be signed by the
owner of said property and shall be on an official form promulgated
and provided by the Town of Poestenkill or on a writing in substantial
conformity therewith clearly and legibly setting forth the following
information:
(1)
The name, address and telephone number of the owner(s) of the private
property.
(2)
The name, address and telephone number of the operator(s) and, if
he is an infant, of his parent or legal guardian.
(3)
An indication of the location of the property whereon use of the
vehicle is being permitted.
(4)
The date and time such permission was granted and the date and time
at which such permission expires.
(5)
Any limitation on the type or number of such vehicles included within
the scope of the owner's permission.
(6)
Nothing in this chapter shall prohibit the owner of a property from
providing permission to a club or association for the purpose of allowing
the establishment of a trail for the purpose of operating a properly
registered motor-driven vehicle which carries at least the minimum
liability insurance required by state law.
B.
Any person operating an unregistered motor vehicle on private property is required to carry upon his person the written permission slip mandated by this chapter and to produce the same for inspection by any police officer or other person reasonably requesting the same. Regardless of whether any operator of an unregistered motor vehicle has the actual consent and permission of the owner of said property to operate such vehicle thereon, it shall be a violation of this section, punishable by a mandatory fine of $10, if said operator shall fail to carry such written permission or fail to produce the same upon reasonable request. This fine shall be independent of and in addition to the penalties for unauthorized and unlawful operation provided for in § 215-11.
It shall be unlawful to operate any unregistered motor-driven
vehicle in a careless, reckless or negligent manner so as to endanger
the safety of any person or property within the Town of Poestenkill.
A.
It shall not be unlawful for any employee or officer of the Town
of Poestenkill to operate unregistered motor-driven vehicles not required
to be registered pursuant to the Vehicle and Traffic Law for the purpose
of maintaining, repairing or doing any public work within the scope
of his employment.
B.
Nothing herein shall prohibit the use or operation of unregistered
motor-driven vehicles not required to be registered by the Vehicle
and Traffic Law on premises duly approved for such use by the appropriate
officials or municipal regulatory bodies of the Town of Poestenkill.
It shall be unlawful and a violation of this chapter 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 unregistered 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.
The police shall immediately impound any unregistered motor-driven
vehicle operated in violation of this chapter. The unregistered motor-driven
vehicle shall be returned upon payment of the fine or upon direction
of the court.
In addition to the penalties provided for herein, if the operation
of an unregistered motor-driven vehicle in violation of this chapter
results in damage to or destruction of real or personal property owned
or maintained by another, the operator and, if such operator is an
infant, his parent or legal guardian shall be liable for such damage
or destruction, either in restitution ordered in conjunction with
a conviction of a violation of this chapter or in a separate civil
action brought in any court of competent jurisdiction. The foregoing
notwithstanding, the liability of a parent or guardian as provided
in this section shall be governed and limited by the provisions of
§ 3-112 of the General Obligations Law of the State of New
York now in effect, and any subsequent amendments thereto. Such statutory
responsibility shall not operate to deprive any person damaged or
aggrieved by conduct constituting a violation of this chapter of any
other remedy or recourse such person might have in law or in equity.
It is intended that this chapter and the penalties provided
for herein be additional to and not in lieu of any other penalty,
sanction or obligation, whether of a civil or criminal nature, provided
by the laws of the State of New York. The foregoing notwithstanding,
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 unregistered motor-driven vehicles, then,
in such instance, such laws of the State of New York shall prevail.
