[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.
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:
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.
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.