[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro 1-8-2024 by L.L. No. 1-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 284, Vehicles, Unlicensed Motor-Driven, adopted 1-4-1971 by L.L. No. 1-1971 (Ch. 126 of the 1986 Code), as amended.
For the purpose of this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLES
All-terrain vehicles (sometimes known as "ATVs") as that term is defined in § 2281, Subdivision 1, of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in § 125-A of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts, minibikes, golf carts, and any and all other types of motorized trail bikes or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off-highway competitions and are only incidentally operated on public highways. Nothing contained herein, however, shall be deemed to apply to or prohibit the use of bicycles.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, whether or not said off-road vehicle is under way.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway, or any other public way.
A. 
Public property. No person shall operate an off-road vehicle on a public highway or on any public property in the Village of Whitesboro, including but not limited to sidewalks and in Village parks.
B. 
Private property. No person shall operate an off-road vehicle off a public highway onto private property in the Village of Whitesboro unless such person has first obtained the express consent of the owner or occupant of such property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the Village of Whitesboro lacks consent to operate the off-road vehicle on private property.
A. 
Any person who operates an off-road vehicle in violation of this chapter shall be guilty of an offense punishable by a fine not to exceed $500 or imprisonment not to exceed 15 days, or both.
B. 
In addition to the penalties set forth in Subsection A of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 284-2A or B of this chapter. The pertinent police department or enforcement agency shall store such impounded off-road vehicles pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the police department impounding such off-road vehicle, nor the Village of Whitesboro, nor any agent nor employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,500. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner's agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney.
The Chief of Police is charged with the enforcement of the provisions of this chapter.
Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicles may be:
A. 
Sold under the direction of the purchasing agent, at public auction, to the highest bidder after notice of such auction has been given for not less than one week, by one publication in the newspaper of the Village of Whitesboro;
B. 
Sold for scrap; or
C. 
Destroyed.
The owner of such vehicles or their agent may, within 60 days from the date of impounding, redeem the vehicle by reimbursing the Village of Whitesboro the cost of towing for towing or hauling and storage charges not exceeding $45 per day for each day impounded. Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping, or standing violations.