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.
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.