[HISTORY: Adopted by the Town Board of the Town of Porter 9-9-1985 by L.L. No.
2-1985. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
welfare, safety, peace and tranquility by regulating the operation
of motorcycles, limited-use motorcycles and limited-use off-road vehicles
within the Town of Porter. It is also the purpose of this chapter
to prevent those who wish to operate and use motorcycles, limited-use
motorcycles and limited-use off-road vehicles from trespassing on
public or private property in the Town of Porter, from annoying any
person or persons and from creating a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
An unenclosed vehicle having two, three or four wheels with
a seat or saddle for the operator.
A vehicle other than one currently licensed to be operated
or driven upon a public highway, which is propelled by any power other
than human power.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor as defined in § 123
of the Vehicle and Traffic Law.
A.
It shall be unlawful for any person to drive or operate any motorcycle,
limited-use motorcycle or limited-use off-road vehicle on private
lands of another person within the Town of Porter without written
permission of the owners or occupants of said property. The written
permission must be in the possession of the persons operating the
motorcycle, limited-use motorcycle or limited-use off-road vehicle
and must be presented upon demand to any peace officer or police officer
so demanding. However, there shall be an exception to the requirement
of the necessity for written permission where there are properly marked
trails, in which case it shall be presumed permission has been obtained
from the owner and there shall be no written permission necessary.
B.
The following are prohibited within the Town of Porter at all times:
(1)
The operation of any motorcycle, limited-use motorcycle or limited-use off-road vehicle in such a manner as to disturb or interfere with the peace and tranquility of persons by creating loud, unnecessary or unusual noise in violation of the restrictions in Chapter 200, Zoning, § 200-75, of the Town Code.[1]
(2)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road vehicle in a careless, reckless or negligent manner so as
to endanger or be likely to endanger the safety or property of any
persons including the operator of the vehicle.
(3)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road vehicle at a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(4)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road vehicle, with or without written permission, within 500 feet
of any dwelling other than the dwelling house of the operator.
(5)
The operation of any motorcycle, limited-use motorcycle or limited-use
off-road vehicle, on any lands leased, owned or controlled by the
Town of Porter except as provided by local law. This shall not be
construed to prohibit lawful operation of vehicle on public streets
or thoroughfares.
A failure to comply with the provisions of this chapter shall
be deemed a violation, and the violator shall be subject to a fine
not exceeding $250 or imprisonment not exceeding 15 days, or both.
A.
Notwithstanding § 179-5, any enforcement officer of the Town of Porter, Niagara County Sheriff's Department or New York State Police who shall encounter any person operating a motorcycle, limited-use motorcycle or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Porter, and such vehicle may be reclaimed by the owner of such vehicle upon payment of expenses and charges necessary and actually incurred by the removal of said vehicle. If the owner of said vehicle is a minor under the age of 18 years, the parent or guardian of said infant shall accompany the infant on the date the vehicle is picked up and expenses and charges are paid. (Minimum fee: $100.)
B.
In the case of a second or subsequent violation, the court may order
confiscation of said vehicles in lieu of any fine and/or imprisonment.
Any vehicle which is confiscated pursuant to this section will be
sold at public auction according to the appropriate procedures and
law affecting public auctions by municipalities. (Minimum bid should
reflect cost and penalties to date.)
The Town of Porter, Niagara County Sheriff's Department
and the New York State Police shall enforce the provisions of this
chapter.
