Village of Oakfield, NY
Genesee County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 9-9-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
The purpose of this chapter is to control the recreational use of off-highway vehicles, as hereinafter defined, within the Village of Oakfield in order to prevent injury to persons and property; to protect the rights of the residents of the Village of Oakfield to the peaceful enjoyment of their properties; and to generally promote the health, safety and welfare of the citizens of said Village.
The Village Board of the Village of Oakfield, New York, hereby finds as follows:
A. 
The recreational use of various forms of two-, three- and four-wheel off-highway motorized vehicles has dramatically increased within the Village of Oakfield, New York.
B. 
The operators of these vehicles have repeatedly entered upon private property without permission or consent and in numerous instances have caused serious damage to those properties; in many cases it has been impossible to identify or apprehend the offenders because of the speed at which these vehicles travel.
C. 
Said vehicles have often been operated on Village sidewalks, causing the disruption of pedestrian traffic and creating a substantial threat of personal injury.
D. 
On numerous occasions said vehicles have been operated at high speeds in a reckless and dangerous manner, creating a substantial threat of serious physical injury to persons within the Village, especially to children living in residential areas.
E. 
Many of said recreational vehicles create loud and offensive noise for long periods of time, which disrupts the peaceful enjoyment of residential properties within the Village.
F. 
The control and regulation of said vehicles is necessary to protect the health, safety and welfare of the people and property within the Village of Oakfield, the need for such regulation by far outweighing the slight intrusion created thereby.
[Amended 4-23-2001 by L.L. No. 1-2001]
A. 
Unless the context requires otherwise, words used in the present tense include the future, words in the masculine gender include the feminine and neuter, the singular number includes the plural, and the plural the singular.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
MUNICIPAL CORPORATION
Includes a county, city, town, village, school district, fire district or a special or improvement district of a county or town.
OFF-HIGHWAY VEHICLE
Any vehicle propelled by other than muscular power having two or more wheels in contact or a single belt or track connected by belt or sprocket to a motor with the ground, not designed primarily for use on the highway, including snowmobiles and excluding farm vehicles, lawn mowers, snowblowers, snowplows, snow throwers, farm, lawn and garden tractors and other similar equipment designed primarily for property upkeep and maintenance and not for recreational use, and also excluding vehicles owned or operated by any municipal corporation or police agency or operated at the request or order of an officer or employee thereof.
OPERATOR
Every person who operates or is in actual possession or physical control of an off-highway vehicle.
PERSON
Includes any individual, partnership, corporation, association or any body of persons, whether incorporated or not.
POLICE AGENCY
Any public police or public law enforcement agency, whether federal, state or municipal.
VILLAGE
The Village of Oakfield, Genesee County, New York.
A. 
It shall be unlawful for any person to ride, operate, use, maneuver, park or place any off-highway vehicle on any public sidewalk within the Village, with the exception that said vehicles may be operated to cross or, only while the motor of said off-highway vehicle is not in operation, to walk said vehicle on a public sidewalk for the sole purpose of gaining access to property within the Village, provided the operation or placement of said vehicle on the property to be entered shall not violate any provision of this chapter.
B. 
It shall be unlawful for any person to ride, operate, use, maneuver, park or place any off-highway vehicle on property not owned or leased by him/her or by a parent, brother, sister or child of his without the express written consent of the owner or one of the owners of said property.
C. 
It shall be unlawful for any person to ride or permit the riding of an off-highway vehicle on any property located within any residential district in the Village, as established pursuant to the Village's zoning laws and ordinances as presently constituted or as hereafter amended. Notwithstanding the foregoing, off-highway vehicles may be ridden within a residential district, provided the rider shall comply with the provisions of Subsection B above and shall further obtain the express written consent of the owner or one of the owners of any occupied dwelling located within 60 feet of the location where said off-highway vehicle is being ridden.
D. 
Any written consent required by this section shall be deemed void and of no effect unless it is dated and signed by the owner or his authorized representative. Said written consent shall further be deemed void and of no effect if it has been revoked by the person signing the same. Said consent shall be subject to any conditions the grantor shall deem appropriate.
E. 
A person may revoke any consent granted pursuant to this section by:
[Amended 4-23-2001 by L.L. No. 1-2001]
(1) 
Orally communicating said revocation directly to the person previously granted said consent; or
(2) 
Personally delivering to said person a written statement revoking the consent; or
(3) 
Mailing a written statement revoking said consent to the last-known residence or business address of the person previously granted said consent by regular first-class mail and delivering a copy of said revocation to the Village Clerk-Treasurer.
F. 
Where written consent is required pursuant to this section, a copy of the written consent conforming to the provisions of this section shall be carried on the person of each operator of the off-highway vehicle and shall be produced for inspection upon the reasonable request of any peace officer or police officer.
[Amended 4-23-2001 by L.L. No. 1-2001]
G. 
The provisions of this section shall not apply to off-highway vehicles if and when:
[Amended 4-23-2001 by L.L. No. 1-2001]
(1) 
They are being used for agricultural purposes or for the upkeep and maintenance of real property; and
(2) 
Said vehicle or vehicles, while being used for such purposes, are operated at a speed of five miles per hour or less; and
(3) 
Said vehicles are not operated in violation of any other applicable laws, ordinances, rules or regulations.
[Amended 4-23-2001 by L.L. No. 1-2001]
Any person found in violation of any provision of this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $500.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.