[HISTORY: Adopted by the Town Board of the Town of Clayton 10-23-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
This chapter shall be known as the "Town of Clayton Local Law
Permitting All-Terrain Vehicle (ATV) Operation on Certain Town of
Clayton Highways."
The Town Board of the Town of Clayton recognizes the need for
the incidental use of Town highways by all-terrain vehicle operators
to access specific off-road all-terrain vehicle trails for recreational
enjoyment. Further, the Town Board wishes to establish reasonable
regulations permitting all-terrain vehicle operation on Town of Clayton
highways and yet maintain the public health, welfare, and safety with
regard to such legislation. Therefore, the purpose of this chapter
is to open for travel by all-terrain vehicles Town of Clayton highways
or portions thereof pursuant to the authority granted in Article 48-C,
§ 2405, of the Vehicle and Traffic Law of the State of New
York.
As used in this chapter, unless the context requires otherwise:
An all-terrain vehicle as defined by § 2281 of
the Vehicle and Traffic Law of the State of New York.
To ride in or on, other than as a passenger, or use or control
the operation of an ATV in any manner, whether or not said ATV is
underway.
Every person who operates or is in actual physical control
of an ATV.
The Town of Clayton and boundaries defined therein.
The following roads, or portions thereof, are hereby designated
as permitted roads open to travel by ATVs:
All of the conditions, restrictions, rules, and regulations as promulgated in Article 48-C of the Vehicle and Traffic Law of the State of New York shall apply with respect to the operation of ATVs within the areas designated in the preceding § 212-4. In addition:
A.
Operation of an ATV within such designated areas shall be confined
to the right shoulder and extreme right of center of the main traveled
way, except as required to gain access to or egress from such areas
designated for off-road recreational use.
B.
ATV operators shall strictly observe all vehicular traffic signs
and signals and all other rules and regulations applicable to vehicular
traffic.
C.
The designated areas shall be utilized for ATV travel only if, and
to the extent that, suitable recreation trails adjacent thereto do
not exist or are not accessible.
D.
No person shall operate an ATV at a rate of speed greater than is
reasonable and prudent under the conditions and having regard to the
actual circumstances then existing.
E.
No person shall operate an ATV in excess of 35 miles per hour at
any time.
F.
No person shall operate an ATV at a speed in excess of maximum established
speed limits at any time.
G.
No person shall operate an ATV upon a Town road of the Town of Clayton
unless he/she is duly licensed to operate a motor vehicle pursuant
to Article 19 of the Vehicle and Traffic Law of the State of New York.
H.
No person shall operate an ATV upon a Town road of the Town of Clayton
in an intoxicated condition or under the influence of narcotics or
drugs as defined by § 114-a of the Vehicle and Traffic Law
of New York State.
A violation of any provision of this chapter shall be a traffic
infraction, and every person convicted of a traffic infraction for
a violation of this chapter shall for a first conviction thereof be
punished by a fine of not more than $100, or by imprisonment for not
more than 15 days or both such fine and imprisonment; for a conviction
of a second violation, both of which were committed within a period
of 18 months, such person shall be punished by a fine of not more
than $200, or by imprisonment for not more than 45 days or by both
such fine and imprisonment.
The provisions of this chapter are declared to be severable;
and if any section, subsection, sentence, clause, or phrase hereof
shall, for any reason, be held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining section,
subsections, sentences, clauses, and phrases of this chapter, but
they shall remain in effect, it being the legislative intent that
this chapter shall stand notwithstanding the invalidity of any part.
