[HISTORY: Adopted by the Town Board of the Town of Marion 7-14-1986. Amendments noted where applicable.]
This chapter shall be known as the "Off-Road Vehicle Ordinance of the Town of Marion."
The Town Board recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Town of Marion and to property within the Town by the use of unlicensed motor-driven vehicles and, therefore, deems it appropriate to control the use of said vehicles.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- MOTOR VEHICLES
- Any type of motor-driven vehicle or conveyance, including but not necessarily limited to snowmobiles, two-wheeled motor vehicles known as "mini-bicycles," "mopeds," "trail bikes," "motor scooters," all-terrain vehicles and four-wheeled vehicles commonly known as "go-carts."
- PUBLIC PROPERTY
- All streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic.
- TOWN-OWNED LAND
- Any and all Town-owned land and premises, including but not limited to parks, recreation areas, ballparks, cemeteries, lake areas, storage facilities, garage areas, parking areas and utility sites.
- UNLICENSED MOTOR VEHICLES
- Any motor vehicle not licensed for operation on the public highway.
It shall be unlawful for any person to operate any type of unlicensed motor-driven vehicle or conveyance upon any public property or Town-owned land in the Town of Marion, New York.
It shall be unlawful for any person to operate any type of motor-driven vehicle or conveyance upon private property unless the operator of said motor-driven vehicle has the written permission of the owner of said private property to operate said vehicle on the owner's private property.
It shall be unlawful to operate any motor-driven vehicle in such a manner as to create a substantial risk of serious physical injury to another person or to operate any motor-driven vehicle in such a manner as to cause damage to the property of another.
The prohibition herein shall not apply to any employee of the Town of Marion or a contractor engaged by the Town of Marion to operate motor-driven vehicles for the purpose of maintaining, repairing or doing any public work within the scope of the operator's employment.
The prohibition herein shall not apply to the use or operation of motor-driven vehicles on public or private property when the use has been approved in writing by the person, corporation or firm that owns or controls the premises so used.
The prohibition herein shall not apply to the operation of a motor-driven moped, agricultural equipment or other vehicles on a highway when such use is permitted by the Vehicle and Traffic Law of the State of New York.
It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of 16 years knowingly to permit such child to operate a motor-driven vehicle in violation of the terms of this chapter.
Whenever any child under the age of 16 years is alleged to have violated this chapter, his parent, guardian or any person having the care, custody or control of the child shall be notified by the law enforcement agency involved in the investigation.
Any operator, parent, guardian or any person having the care, custody and control of any child under the age of 16 who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding $250.