[HISTORY: Adopted by the Board of Trustees of the Village of Homer 6-5-1990 by L.L. No. 2-1990 (Secs. 9-21 through 9-28 of the 1969 Code). Amendments noted where applicable.]
It is the intent of this chapter to regulate the use of motorized sport bikes throughout the Village of Homer. The increased use of such bikes, often operated without regard to the noise, dust and dirt created with their use to the annoyance of Village residents, prompts the Village to enact this chapter for the general peace and harmony of its residents and to protect residents and property owners from such intrusion.
[Amended 6-13-2018 by L.L. No. 3-2018]
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
Any all-terrain vehicle or wheeled recreational device (ATV) that is not considered a motor vehicle under New York State vehicle and traffic law and is motor-propelled, or contains a motor to assist the operation of said vehicle, or is electronically propelled and which includes but is not limited to the following: dirt-bikes, minibikes, GoKarts, dune buggies, trail bikes, skateboards, motor-scooters, scooters, and mopeds.
PRIVATE PROPERTY
All land and buildings in the Village of Homer not included in the definition below of "public property" nor part of the public road system.
PUBLIC PROPERTY
Lands and buildings owned or leased by the Village or Town of Homer within the Village, any school district, the County of Cortland or the State of New York or any equivalent public body. This definition specifically excludes any public roadways owned or maintained by any of the aforementioned public entities.
It shall be unlawful:
A. 
To operate an ATV upon public property at any time without express consent or permit issued by the governmental agency in control of said property.
B. 
To operate an ATV on private property, other than that private property owned by the family of the operator, without the written consent of all of the owners of the private property, which must be filed with the Village Police Department.
C. 
To operate an ATV for sport or recreation during the period of 9:00 p.m. to 9:00 a.m.
D. 
To operate an ATV that does not comply with the requirements and regulations of the Department of Motor Vehicles of the State of New York. Should the Department of Motor Vehicles require registration or licensing of said vehicles, then it shall be unlawful to operate said vehicle without proper registration and licensing.
E. 
To operate an ATV that causes noises that are disturbing and bothersome to adjoining property owners.
F. 
To operate an ATV so as to cause it to propel sand, dirt, dust, rocks, gravel or other similar materials into the air so as to be likely to injure persons and/or damage property.
G. 
To operate an ATV on public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops or farm produce.
H. 
To operate an ATV without the ATV containing a muffler or other similar device to reduce the sound coming from the engine of the vehicle.
I. 
To operate an ATV near any public roadway so that the operation of said ATV would cause operators of automobiles, motorcycles or trucks to have to take evasive or irregular action to move away from said ATV.
J. 
To operate an ATV without the ATV being in proper operating condition, which means that all of the original operating equipment specified by the original manufacturer must be present on the bike or replacement equipment equal to the specifications of the original manufacturer's equipment must be present and in operating condition at least equal to the manufacturer's requirements for the proper operation thereof.
K. 
To operate an ATV on any private street or right-of-way within the Village of Homer without the written permission of the owner of the private street or right-of-way.
L. 
To operate an ATV in a careless, reckless or negligent manner which endangers the safety of any person, including the operator himself, or the property of any person.
M. 
To operate an ATV while under the influence of liquor or drugs.
N. 
For a parent or guardian to authorize or knowingly permit a child or ward, if under 16 years of age, to operate an ATV in violation of any provision of this chapter or any rules or regulations promulgated thereunder.
O. 
For the owner or other person in possession of any ATV to authorize or knowingly permit any person under 16 years of age to operate such vehicle in violation of any provisions of this chapter.
A. 
The operator of an ATV shall wear a helmet upon his or her head and goggles or face shields on his or her face, such as approved by the Department of Motor Vehicles of the State of New York.
B. 
No person operating an ATV or motorcycle shall engage in fancy or trick riding or ride without maintaining full control of the ATV or remove both hands from the handlebar.
C. 
No person operating an ATV shall carry any other person on it except in a place designated for such purpose and equipped for such purpose as part of the original manufacture for said purpose.
A. 
A police officer may impound any ATV if:
(1) 
The identity of the operator or owner of the ATV is unknown to the officer.
(2) 
The operator of the ATV has no evidence of permission to operate the same on private property.
(3) 
The operator is in violation of this chapter.
(4) 
The ATV was involved in an accident causing serious injury or death while operated in violation of this chapter.
B. 
The period of impoundment for the ATV 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 ATV released from impoundment must make motion before the appropriate court, and said ATV shall only be released upon court order. Upon receipt of said court order, the ATV shall be released by the Homer Village Police Department upon payment of an impoundment fee of $250, which sum shall be payable to the Village Clerk, and any storage fees as incurred by the Homer Village Police Department.
C. 
The Village Police Department, upon the order of the Chief of Police or his or her duly authorized subordinate, may, of its own volition, without court order, release such ATV if it deems that it has no further need of the vehicle for purposes of identification, but only after payment of the impoundment fee of $250 and storage fees as above.
For any violation of the terms of this chapter, the offender shall be liable for a penalty of not more than $100 for a first offense and $250 for a second offense. An offense shall be considered a second, third, fourth, fifth, etc., offense if during a period within 10 years of the conviction for the first offense against this chapter a person is convicted of another offense of violating this chapter.
This chapter shall not apply to the operation of ATVs on premises owned by the operator in the course of his or her business or by employees of the owner on the business of the owner nor to the operation of ATVs under circumstances regulated by any agency of the State of New York.
In the event that this chapter or any of the provisions herein shall conflict or vary with existing or prevalent state law involving the operation of ATVs, such inconsistencies, conflicts or variations shall be governed or controlled in favor of the state law.