[HISTORY: Adopted by the Town Board of the Town of Martinsburg 12-15-1999 by L.L. No.
1-1999[1]. Amendments noted where applicable.]
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.
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.
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:
A.
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.
B.
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.
C.
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.
D.
Lights.
(1)
Between sunset and sunrise, or when lights are required for safety,
without displaying at least one lighted headlight and taillight.
(2)
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.
E.
Railroad tracks. On the tracks or right-of-way of an operating railroad.
F.
Plantings. In any tree nursery or planting in a manner which damages
or destroys growing stock, or creates a substantial risk thereto.
G.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
Accidents. It is the duty of all persons operating an ATV to promptly
report all accidents to the appropriate law enforcement officer.
O.
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.
P.
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.[2]
An ATV may be operated on the public highways and public lands
in the Town of Martinsburg only under the following conditions.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Highways open for ATVing:
[Amended 11-15-2006 by L.L. No. 6-2006]
(1)
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.
(2)
The following roads, or portions thereof, are hereby designated as
open to travel by ATVs:
|
Name of Street
|
Location
| |
|---|---|---|
|
Alger Road
|
Entire length to provide access from a parking area at the Town
Barn to Town Forest Land on Corrigan Hill Road. Such Town land is
open to ATV use
| |
|
Carey Road
[Added 6-18-2008 by L.L. No. 3-2008] |
Entire length to provide access to the Flat Rock Inn's
ATV Hard Scramble Trail, ATV area and campgrounds
| |
|
Carpenter Road
|
Entire length to provide access to a NYS DEC Truck Trail which
is open to ATV use
| |
|
Centerville Road
|
From Flat Rock Road to Keener Hill Road to provide access to
the ATV Park & Campground at the Flat Rock Inn
| |
|
Corrigan Hill Road
|
Entire length to access Town Land on the Corrigan Hill Road
and on the Fykes Road which Town Forest Land is open to ATV use
| |
|
Flat Rock Road
|
From County Route 29 to the Town Line to provide access to the
ATV Park & Campground at the Flat Rock Inn
| |
|
French Road
|
Entire length to access the Toole Road ATV Trails
| |
|
Fykes Road
|
Entire length to provide access to Town Land adjacent to the
Fykes Road and to other Town Land on Graves Road which is open to
ATV use
| |
|
Graves Road
|
From Keener Hill Road to Toole Road to provide access to Town
land adjacent to the Graves Road
| |
|
Houseville Gulf Road
[Added 6-18-2008 by L.L. No. 3-2008] |
Entire length to provide access from the Town of Martinsburg
to ATV trails located on Houseville Gulf Road in the Town of Turin,
on three separate properties insured for ATV trails and areas through
the Lewis County ATV Association (LCATVA), and the New York State
Off Highway Vehicle Association (NYSORVA)
| |
|
Maple Ridge Road
|
Entire length to access the Toole Road ATV Trails
| |
|
Rector Road
[Added 6-18-2008 by L.L. No. 3-2008] |
From the Town line east to provide ATV trail and area connections
from the Montague Inn ATV area to White Pines restaurant and ATV picnic
area, to Valley Snow Travelers Groomer barn/ATV parking lot and trail
head, to Swemicki Road and the ATV trails at Aspen Knoll Cabins and
Adjoining landowner
| |
|
River Street
[Added 7-16-2014 by L.L.
No. 1-2014] |
Entire length to provide access to existing trails and areas
adjacent to it
| |
|
Rowsam Road
[Added 6-18-2008 by L.L. No. 3-2008] |
Entire length to provide the connection from Flat Rock Inn's
ATV Hard Scramble Trail, ATV area and campgrounds, to the ATV trails
at the White Pines restaurant, and ATV picnic area
| |
|
Swemicki Road
[Added 6-18-2008 by L.L. No. 3-2008] |
From the intersection of Rector Road at Aspen Knoll Cabins and
their ATV trails, the entire length to provide a connection to the
Flat Rock Inn ATV Hare Scramble Trail, ATV area and campgrounds
| |
|
Tabolt Road
|
Entire length to provide access to a NYS DEC Truck Trail which
is open to ATV use
| |
|
Toole Road
|
From Graves Road to its end to provide access to an existing
trail at the end of Toole Road and a NYS DEC Truck Trail which is
open to ATV use
|
F.
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.
A.
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.
B.
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.
C.
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]
A.
Age of operator.
(1)
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.
(2)
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.[2]
