It is the purpose of this chapter to preserve and promote the
health, safety and general welfare of those inhabitants of the Village
of Waverly who wish to use and operate motorized recreation vehicles
on private property or municipal property. It is also the purpose
of this chapter to prevent those inhabitants of the Village of Waverly
who wish to use and operate motor-driven vehicles from trespassing
on public or private property in the Village of Waverly, from annoying
inhabitants and from creating a public nuisance.
It shall be unlawful to operate or for the owner or lessee of
any property to permit the operation on any private property or public
property in the Village of Waverly, of any type of motorized recreation
vehicle or conveyance, including but not limited to two-wheeled vehicles
known as minibikes,''trail bikes," "dirt bikes" and unlicensed
motorcycles and four-wheeled motor vehicles known as "go-carts," "all
terrain vehicles (four- or three-wheeled)," snowmobiles and limited-use
vehicles as defined in Article 1 of the Vehicle and Traffic Law, except
under the following circumstances or uses:
A. The use of an above described recreation vehicle for the purpose
of maintaining a property, such as for snow removal or lawn maintenance
and landscaping.
B. The use of an above described motor vehicle in an emergency.
C. The use of a motorized recreation vehicle for the limited purpose
of loading or unloading onto or off of a trailer or other vehicle.
The Waverly Police Department, through the Chief of Police of
the Village of Waverly, any other police officer or any other peace
officer, shall enforce this chapter.
This chapter shall not apply to police and emergency vehicles.
Any member of the Waverly Police Department or any other enforcement
officer who shall encounter any person operating a motor-driven vehicle
or conveyance in violation of this chapter shall remove said vehicle
or conveyance to a place designated by the Chief of Police. The owner
or duly designated agent of the owner of such vehicle or conveyance
may regain the same upon payment of all expenses and charges necessarily
and actually incurred by the removal and/or storage of said vehicle
or conveyance.