[Adopted by the Town Board of the Town of Rotterdam 9-25-2019 by L.L. No. 17-2019. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
welfare and safety of the residents of the Town of Rotterdam by regulating
the operation of all-terrain vehicles and motorized vehicles throughout
the Town of Rotterdam, which will promote the proper use of all-terrain
vehicles and motorized vehicles, and minimize detrimental effects
of such use on the public and the environment.
As used in this chapter, the following terms shall have the
meanings indicated:
Any self-propelled vehicle which is manufactured for sale
for operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways, provided that such
vehicle does not exceed 60 inches in width or 800 pounds dry weight;
provided, however, that this definition shall not include a snowmobile
or other self-propelled vehicle manufactured for off-highway use which
utilizes the endless belt tread.
Any self-propelled vehicle, which is not an all-terrain vehicle
and is not an automobile, truck, or agricultural equipment as these
terms are defined in the New York State Vehicle and Traffic Law, manufactured
for sale for operation primarily on private property and only incidentally
operated on public highways, including, but not limited to, minibikes,
mopeds, go-peds, scooters, pocket scooters, motor-assisted bicycles
and go-carts.
The individual person operating the all-terrain vehicle or
motorized vehicle, whether or not he or she is the owner of the all-terrain
vehicle or motorized vehicle, or authorized by the owner of the vehicle
to operate the all-terrain vehicle or motorized vehicle.
All sidewalks, easements or other areas dedicated or commonly
used by the public, including Town highways, as well as all lands
in which title is vested in the Town of Rotterdam, other political
subdivisions or agencies, or public authorities thereof, located within
the Town of Rotterdam.
A.
No all-terrain vehicle or motorized vehicle shall be operated on
public property within the Town of Rotterdam.
B.
No all-terrain vehicle or motorized vehicle shall be operated on
private property in the Town of Rotterdam unless the operator thereof
has permission from the property owner for that particular all-terrain
vehicle or motorized vehicle to be operated on the owner's property.
It shall be unlawful:
A.
To operate an all-terrain vehicle or motorized vehicle for sport
or recreation during the period of 8:00 p.m. until 9:00 a.m.
B.
To operate an all-terrain vehicle or motorized vehicle within 100
feet of a dwelling other than the dwelling of the owner or operator
of the all-terrain vehicle or motorized vehicle.
C.
To operate an all-terrain vehicle or motorized vehicle unsafely within
75 feet of a highway within the limits of the Town of Rotterdam, except
as provided in§ 2403 of the New York State Vehicle and Traffic
Law.
D.
For a parent or guardian to authorize or knowingly permit a child
or ward, if under 16 years of age, to operate an all-terrain vehicle
or motorized vehicle in violation of any provision of this chapter.
However, a child between the ages of 10 and 16 may operate an all-terrain
vehicle or motorized vehicle in accordance with this chapter when
accompanied by a parent or legal guardian and when such operator possesses
a New York State safety certificate.
E.
To operate an all-terrain vehicle or motorized vehicle at a speed
that is imprudent.
F.
To operate an all-terrain vehicle or motorized vehicle in violation of the noise ordinance found in Chapter 188, Noise.
G.
To operate an all-terrain vehicle or motorized vehicle so as to cause
it to propel sand, dirt, dust, rocks, gravel or other similar materials
into the air, or as a projectile, so as to be likely to injure persons
and/or damage property.
H.
To operate an all-terrain vehicle or motorized vehicle on public
or private property in such a way as to harass or disturb farm animals,
domestic livestock, wildlife or further to destroy or damage crops
or farm produce.
I.
To operate an all-terrain vehicle or motorized vehicle near any public
roadway so that the operation of said all-terrain vehicle or motorized
vehicle causes operators of automobiles, motorcycles or trucks to
take evasive or irregular action to move away from said all-terrain
vehicle or motorized vehicle.
J.
To operate an all-terrain vehicle or motorized vehicle in a careless,
reckless or negligent manner which endangers the safety of any person,
including the operator himself, or the property of any person, or
to engage in any fancy or trick riding or ride without maintaining
full control of the all-terrain vehicle or motorized vehicle, or to
remove both hands from the handlebar.
K.
To operate an all-terrain vehicle or motorized vehicle with any other
person on it, except in a place designated for such purpose and equipped
for such purpose as part of the original manufacturer's design.
A.
Any all-terrain vehicle or motorized vehicle operated in violation
of any of the provisions of this chapter may be impounded. The Town
of Rotterdam Police Department shall store the impounded vehicle in
a suitable place at the expense of the owner. The Town of Rotterdam
Police Department shall, to the extent possible, ascertain the owner
or custodian of the all-terrain vehicle and notify him or her of the
impoundment and the requirements to redeem the same. A police officer
may impound any all-terrain vehicle or motorized vehicle if:
(1)
The operator is in violation of this chapter.
(2)
The all-terrain vehicle or motorized vehicle was involved in an accident
causing serious injury or death while operated in violation of this
chapter.
(3)
The operator of the all-terrain vehicle or motorized vehicle has
no evidence of permission to operate the same on private property.
B.
The period of impoundment for the all-terrain vehicle or motorized
vehicle shall be for such period of time as is necessary for police
purposes, which shall include use of the vehicle for identification
in any court action. Any person wishing to have an all-terrain vehicle
or motorized vehicle released from impoundment must make a motion
before the appropriate court, and said all-terrain vehicle or motorized
vehicle shall only be released upon court order. Upon receipt of said
court order, the all-terrain vehicle or motorized vehicle shall be
released by the Town of Rotterdam Police Department, and any storage
fees and/or towing fees incurred by the Town of Rotterdam Police Department
shall be paid prior to the release of the all-terrain vehicle or motorized
vehicle.
C.
Any all-terrain vehicle or motorized vehicle not redeemed within
10 business days of impoundment shall be treated as an abandoned vehicle
under § 1224 of the New York State Vehicle and Traffic Law.
D.
In the case of a second or subsequent violation, the court may order
confiscation of said vehicle(s) in lieu of any fine. Any vehicle which
is confiscated pursuant to this section will be sold at public auction
according to the appropriate procedures and law affecting public auctions
by municipalities.
Should any section or portion of this chapter be in conflict
with the laws of the State of New York applicable to the operation,
registration, ownership or control of all-terrain vehicles, then,
in that instance, said laws of the State of New York shall prevail.
The Town of Rotterdam Police Department is charged with the
enforcement of the provisions of this chapter.
If any clause, sentence, paragraph or part of this chapter or
application thereof to any person or circumstances shall be judged
by any court to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof and the persons
and circumstances directly involved in the controversy in which the
judgment shall have been rendered.
Any person convicted of violating any provision of this chapter
shall be punishable as follows:
