[HISTORY: Adopted by the Board of Trustees of the Village
of Montour Falls 9-20-2012 by L.L. No. 2-2012. Amendments noted where
applicable.]
The Board of Trustees of the Village of Montour Falls (the "Village")
has, following investigation, determined that the operation within
the Village of certain types of off-road vehicles in a manner and
in locations not compatible with the good order of the Village constitutes
a public nuisance and is detrimental to the health, safety and welfare
of the residents of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motorized vehicle equipped with two or more wheels or
tires in contact with the ground and designed generally for off-road
use including, without limitation, dirt bikes, minibikes, all-terrain
vehicles (ATVs), dune buggies, go-carts, and lawn mowers or garden
tractors operated for recreational purposes.
A.
No person shall operate any off-highway vehicle within the Village
on any property consisting of less than three acres.
B.
No person shall operate any off-highway vehicle on, or drive any
off-highway vehicle upon, any sidewalk or village street within the
Village.
C.
No person shall operate any off-highway vehicle within 200 feet of
any single-family or multifamily dwelling, hospital, nursing home,
convalescent home, church or school.
A.
The Village Code Enforcement Office or other law enforcement agency
is charged with the administration and enforcement of this chapter.
The Code Enforcement Officer or other law enforcement agency is authorized
to issue appearance tickets for any violation of this chapter.
B.
A violation of this chapter shall be a violation under New York State
Penal Law and shall be punishable by a fine not to exceed $500 and/or
a term of community service not exceeding 10 days.
C.
In addition to any other penalty provided for under this chapter
for violation of the terms of this chapter, a violation of this chapter
shall subject the offending off-highway vehicle to immediate seizure
and forfeiture. Any off-highway vehicle that has been so seized and
impounded shall be released to the owner thereof only upon the production
of proof of ownership satisfactory to the Code Enforcement Officer
or other law enforcement agency, the payment of any cost of towing
and storage, and the payment of any fine imposed against the operator
of the off-highway vehicle, and such other terms and conditions as
the Code Enforcement Officer or other law enforcement agency shall
reasonably impose.
