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Town of Onondaga, NY
Onondaga County
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[HISTORY: Adopted by the Town Board of the Town of Onondaga 11-5-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
It is the purpose of this chapter to designate certain highways or portions thereof within the Town of Onondaga highway system as being open for travel by all-terrain vehicles (ATVs) pursuant to authority granted in § 2405 of the Vehicle and Traffic Law of the State of New York.
This chapter is enacted pursuant to the New York State Constitution, New York Municipal Home Rule Law § 10 and § 2405 of the Vehicle and Traffic Law of the State of New York.
The terms, words or phrases herein used shall have the same meaning as such terms, words and phrases defined in § 2401 of the Vehicle and Traffic Law of the State of New York.
TOWN
The Town of Onondaga, New York.
The Town Board hereby finds that the opening of the designated roads and portions thereof to ATV use and travel is necessary in order for ATVs to gain access to areas and/or trails adjacent thereto which would otherwise be impossible to access without the use of such Town highways.
A. 
The following Town roads or the indicated portions thereof are hereby designated as open to travel by all-terrain vehicles as it is otherwise impossible for all-terrain vehicles to gain access to areas or trails adjacent to said designated roads other than by the use of such designated roads. Only the following Town roads are hereby designated for the operation of all-terrain vehicles as authorized by § 2405 of the Vehicle and Traffic Law, Article 48-C:
(1) 
Hunt Road, from Buckwheat Road to Fish Gulf Road;
(2) 
Fish Gulf Road, from Hunt Road to Otisco Town Line; and
(3) 
Fox Road from Curtis Road to Fish Gulf Road.
A. 
The following rules, conditions and restrictions shall be applicable to all Town roads opened to ATV use pursuant to this chapter:
(1) 
The use of the designated roads by ATVs shall be only and solely for the purpose of traveling directly from one public ATV trail or area to another.
(2) 
No person shall operate an ATV on any designated road at any time from October 1 to April 1 of the following year.
(3) 
ATVs may only be operated on the designated roads between the hours of 7:00 a.m. and 10:00 p.m.
(4) 
All persons operating an ATV on a designated road shall keep as far right as practicable, except as necessary to gain access to or egress from such areas.
(5) 
No person shall operate an ATV more than one abreast in a single lane on any portion of a designated road.
(6) 
A maximum speed limit of 25 miles per hour shall be observed. Operators shall strictly observe and obey all traffic signs, as well as any and all rules and regulations applicable to vehicular traffic.
(7) 
It shall be unlawful for any person without a valid state driver's license to operate an ATV on designated Town roads unless, if under the age of 16, accompanied by a parent or legal guardian and must possess a New York State ATV safety certificate issued by the Commissioner. If over the age of 16 without a valid state driver's license, must have said New York State ATV safety certificate. Anyone with a suspended driver's license may not operate an ATV on the designated roads.
(8) 
No person shall operate an ATV on a designated road or segment in such a manner as to create loud, unnecessary, or unusual noise, so as to disturb or interfere with the peace and quiet of the Town's people.
(9) 
No ATV shall be operated on any designated road or segment open for ATV use except in accordance with the provisions of the Vehicle and Traffic Law of the State of New York, Article 48-C.
(10) 
No ATV shall be operated on any designated road or segment open for ATV use unless properly equipped, registered and insured as required by the Vehicle and Traffic Law of the State of New York, Article 48-C.
(11) 
ATVs shall not be allowed to operate, unless and until such time as proper signs and markers are installed, which clearly identify the road and areas designated in § 60-4 of this chapter.
Failure to comply with any provision of this chapter shall be deemed a violation, and in the case of the first offense, the violator shall be liable for a fine of not less than $100 or more than $350; a second offense within 18months of first offense shall carry a fine of not less than $100 or more than $500; and a third offense within 18 months of the first offense shall carry a fine of not less than $100 or more than $1,000.
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter.
In accordance with § 2405 of the Vehicle and Traffic Law, the Town Superintendent of Highways shall install signs and markers identifying the designated roads.