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:
ALL-TERRAIN VEHICLE
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.
MOTORIZED VEHICLES
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.
OPERATOR
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.
PUBLIC PROPERTY
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.
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:
A. For a first conviction, by a fine not less than $500 nor more than
$1,000.
B. For a second conviction, by a fine not less than $750 nor more than
$1,000.
C. For a third and subsequent conviction, by a fine not less than $1,000
nor more than $1,500.