[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.
MUNICIPAL CORPORATION
OFF-HIGHWAY VEHICLE
OPERATOR
PERSON
POLICE AGENCY
VILLAGE
As used
in this chapter, the following terms shall have the meanings indicated:
Includes a county, city, town, village, school district,
fire district or a special or improvement district of a county or
town.
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.
Every person who operates or is in actual possession or physical
control of an off-highway vehicle.
Includes any individual, partnership, corporation, association
or any body of persons, whether incorporated or not.
Any public police or public law enforcement agency, whether
federal, state or municipal.
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.
