[HISTORY: Adopted by the Town Board of the Town of Martinsburg 12-15-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 160.
Snowmobiles — See Ch. 180.
Streets and sidewalks — See Ch. 190.
Vehicles and traffic — See Ch. 210.
It shall be unlawful, except as provided in § 215-4 of this chapter, for any person to drive or operate any all-terrain vehicle on, over or across any public highway or public trail. Further, for purposes of this chapter, it is hereby determined that outside banks and shoulders of all public roadways and highways are nonexistant by reason of the fact that they are impassable due to normally prevailing conditions and terrain in the Town of Martinsburg.
As used in this chapter, the following terms shall have the meanings indicated:
- A self-propelled vehicle designed for travel off road, such as a four-wheeler or other similar vehicle.
- ATV TRAIL
- A way designated as open to the public for riding of ATVs.
- The entire width between the boundary or right-of-way lines of any way or place when any part thereof is open to the use of the public as a matter of right for the purpose of vehicular traffic, including all highways designated as seasonal limited-use highways and minimum use roads.
- To ride in or on, other than as a passenger, or use of control the operation of an ATV in any manner, whether or not said ATV is under way.
- Every person who operates or is in actual physical control of an ATV.
- Any person having title to an ATV. If an ATV is sold under contract of conditional sale whereby the title remains in the vendor, such vendor or his assignee shall not, after delivery of such ATV, be deemed an owner within the provisions of this section, but the vendee or his assignee upon receipt of possession thereof, shall be deemed such owner notwithstanding the terms of such contract, until the vendor or his assignee shall retake possession. A person holding only a security interest in an ATV shall not be deemed an owner unless such person also has possession of such ATV.
- SPECIAL EVENT
- An organized rally, race, exhibition or demonstration of limited duration which is conducted according to a prearranged schedule and in which general public interest is maintained.
It shall be unlawful for any person to drive or operate any ATV in the following unsafe or harassing ways:
Imprudent speed. At a rate of speed greater than reasonable or proper under the surrounding circumstances. At no time shall the rate of speed exceed 55 mph.
Reckless operation. In a careless, reckless or negligent manner so as to unreasonably endanger the person or property of another or to cause injury or damage thereto.
Intoxication and drugs. While in an intoxicated condition or under the influence of narcotics or drugs as defined by § 114-a of the Vehicle and Traffic Law.
Between sunset and sunrise, or when lights are required for safety, without displaying at least one lighted headlight and taillight.
Operating other than as an emergency vehicle and displaying one or more lighted red or combination red and white lights which are revolving, rotating, flashing, oscillating or constantly moving.
Railroad tracks. On the tracks or right-of-way of an operating railroad.
Plantings. In any tree nursery or planting in a manner which damages or destroys growing stock, or creates a substantial risk thereto.
On the lands of another. On private property without the consent of the owner or lessee thereof. Any person operating an ATV upon lands of another in violation of this section shall stop and identify himself upon the request of the landowner, his duly authorized representative or lessee, and, if requested to do so by said landowner, representative or lessee, shall promptly remove said ATV from the premises.
Failure to stop and yield. In any place at any time, failing or refusing to stop and yield to an authorized ambulance, civil defense or police snowmobile, ATV or police vehicle being operated as an emergency vehicle and approaching from any direction.
Failure and refusal to comply. In any place at any time, failing or refusing to comply with any lawful order or direction of any police officer or other person duly empowered to enforce all laws of the state relating to ATVs.
Speeding prohibited. ATVs operating in the Town shall under no circumstance exceed any posted speed limit when operating on any ATV trail or highway designated as open to ATVing in § 215-4E of this chapter. In addition, ATVs shall always be operated at a speed which is reasonable and proper under existing circumstances as determined by any peace or police officer.
Obedience to vehicular traffic controls. Each person operating an ATV on any Town highway shall observe all vehicular traffic signs and signals and all other rules and regulations applicable to vehicular traffic, and shall obey the orders and no directions of any state or local police or other law enforcement officer authorized to direct or regulate traffic.
Hours of operation. No person shall operate an ATV within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m. at a speed greater than the minimum required to maintain forward movement of the ATV.
Accidents. It is the duty of all persons operating an ATV to promptly report all accidents to the appropriate law enforcement officer.
Helmets. No one shall operate or be a passenger on an ATV unless that person is wearing an approved protective helmet except when operated on lands owned or leased by the operator or passenger as to which the owner/operator has a contractual right of this than as a member of a club or association and for which no compensation is said to the owner or the respect to such operation.
On the frozen surface of public waters: within 100 feet of any person other than a person riding on an ATV except at the minimum speed required to maintain forward movement of the ATV, nor within 100 feet of a fishing shanty or shelter except at the minimum speed required to maintain forward movement of the ATV, nor on an area which has been cleared of snow for skating purposes unless the area is necessary for access to the public water.
An ATV may be operated on the public highways and public lands in the Town of Martinsburg only under the following conditions.
ATV trails. ATVs may be operated on all ATV trails open to the public as so designated under the Parks and Recreation Law of the State of New York, or as designated by the Town Board from time to time in a manner consistent with provisions of this chapter and all other county or state laws relating to the operation of ATVs.
Emergencies. ATVs may be operated for the purpose of emergency travel only on all highways in the Town of Martinsburg during the period of time when and at locations where snow upon the highways renders travel by motor vehicles impractical as so declared and permitted by the chief executive officer of the Town of Martinsburg, or when the specific travel for specific purpose is authorized or directed by a peace of police officer or other duly recognized emergency personnel.
Highway crossings. ATVs may be operated so as to take a direct crossing of a highway at any time of the day, provided that the crossing is made at an angle approximate 90° to the direction of the highway, at a place where no obstruction prevents a quick and safe crossing, the ATV is brought to a complete stop before crossing the main traveled way of the highway, and the driver yields the right-of-way to all oncoming traffic.
Culverts and bridges. ATVs may be operated on highways when necessary to cross over a bridge or a culvert for a distance not to exceed 200 yards.
Highways open for ATVing:
[Amended 11-15-2006 by L.L. No. 6-2006]
The opening of roads to ATV use shall be by local law only after certain findings are made consistent with § 2405 of the Vehicle and Traffic Law of the State of New York and shall be opened only after a public hearing.
The following roads, or portions thereof, are hereby designated as open to travel by ATVs:
Special events. ATVs may be operated at special events in a manner consistent with this chapter, or in a manner as defined in the Parks, Recreation and Historic Preservation Law and the Vehicle and Traffic Law and upon authorization by the New York State Commissioner of Parks, Recreation and Historic Preservation.
No ATV shall be operated on a highway or public lands unless the land is owned or leased by the operator which includes trails designated as open to the public in the Town of Martinsburg unless the owner of such ATV has secured a policy of insurance affording coverage against liability imposed by law for bodily injury or death, and for property damage, to at least the minimum limits as required by the provisions of § 25.13 of the Parks, Recreation and Historic Preservation Law of the State of New York and regulations promulgated thereunder or the Vehicle and Traffic Law of the State of New York as applicable.
The owner of an ATV shall maintain proof of financial security by means of a certificate of insurance indicating compliance with the minimum coverage requirements of the section. The failure to produce such certificate of insurance, when required to do so, upon the demand of a magistrate, police officer or state policeman while such vehicle is being operated on any highway (including trail designated as open to the public) in the Town of Martinsburg shall be presumptive evidence of operating an ATV without securing such policy of insurance. Upon the production of such certificate of insurance, the presumption is removed.
This section specifically supersedes those provisions of § 25.13(1) of New York State Parks and Recreation Law by requiring liability insurance for operation on trails and outside banks.
[Amended 8-21-2013 by L.L. No. 2-2013]
Age of operator.
No person under the age of 16 years shall operate an ATV except upon lands owned or leased by his/her parent or guardian unless (s)he is accompanied by a person over 18 years of age or a person over 16 years of age who holds an ATV safety certificate as issued by the Commissioner of Motor Vehicles. "Leased lands" as herein are used shall not include lands leased by an organization of which said operator or his/her parent or guardian is a member.
A person 10 years of age but less than 16 years of age who has received a safety training as prescribed by the Commissioner of Motor Vehicles and has received the appropriate ATV safety certificate issued by the Commissioner may operate an ATV in the same manner as a person who is 16 years of age or older.
Exhibition of certificate. The failure of such a youthful operator to exhibit an ATV safety certificate upon demand to any magistrate or any other officer having authority to enforce the provisions of this article shall not be an offense, but shall be presumptive evidence that such person is not the holder of such certificate.
No owner of an ATV shall authorize or permit the operation thereof within the state by any person in violation of the provisions of this section.
In addition to any penalty contained in any other provisions of law, any person who shall violate any provision of this chapter shall be guilty of a violation and shall be punished by a fine of not more than $250 and/or 15 days in jail.
A notice of violation may be issued by any state police officer, county sheriff, Town police officer or constable, conservation officer, parks and recreation officer, or by any other law enforcement office or other person so designated by the Town Board of Martinsburg.
Such authorized individual may initiate a violation by service of an appearance ticket.
Negligence in the use or operation of an ATV shall be attributal to the owner. Every owner of an ATV used or operated in the Town of Martinsburg or in this state shall be liable and responsible for death or injury to a person or damage to property resulting from negligence in the use or operation of such ATV by any person using or operating the same with the permission, express or implied, of such owner, provided however, that such operator's negligence shall not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death.
With respect to injuries arising from the operation of ATVs, no civil action shall be maintained against the Town of Martinsburg or an officer thereof in charge of highway supervision and maintenance for damages or injuries to person or property sustained by reason of any highway, bridge, street, sidewalk, crosswalk or culvert being defective, out of repair, unsafe, dangerous or obstructed, unless prior written notice of such defective, unsafe, dangerous or obstructed condition on such highway, bridge or culvert was actually given to the municipal agent, officer or employee authorized be § 311 of the Civil Practice Law and Rules to receive service or to the chief municipal officer in charge of highway supervision and maintenance, and there was failure or neglect within a reasonable time thereafter to repair or remove the defect, danger or obstruction complained of. No such action shall be maintained for damages or injuries to person or property sustained solely due to conditions caused by snow and/or ice removal, or the nonremoval thereof, from highways designated as open to ATVs in the Town of Martinsburg.
The municipal officer in charge of highway supervision and maintenance and any other municipal agent, officer or employee designated to receive service of process shall transmit in writing to the Clerk of the municipal body involved within 24 hours or as soon as practical after the receipt thereof, all written notices received by him pursuant this section.