[Adopted 1-28-1986 (Ch.
229, Art. II, of the 1991 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A motor-driven, off-road recreational vehicle capable of
cross-country travel on land, snow, ice, marsh, swampland or other
natural terrain. It includes, but is not limited to, a multiwheel
or low-pressure-tire vehicle: a motorcycle or related two-wheel, three-wheel,
four-wheel, belt-driven, shaft-driven or chain-driven vehicle; an
amphibious machine; or other means of transportation deriving motive
power from a source other than muscle or wind. For purposes of this
article, "all-terrain vehicle" does not include a snowmobile, an airmobile,
a construction or logging vehicle used in performance of its common
functions, a farm vehicle used for farming purposes or a vehicle used
exclusively for emergency, military, law enforcement or fire control
purposes.
A.
No person shall operate an ATV on the private property of another
or on Town-owned property without written permission of the property
owner.
B.
Anyone violating this article shall pay the fine of $25 for the first
offense and $100 for the second and each subsequent violation, in
addition to impoundment and storage fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Windham Police Department can impound the machine of any
child under the age of 15 riding unaccompanied by an adult or any
unregistered machine driven by any person. Impoundment shall be for
a period not to exceed five days for the first offense, for a period
not to exceed 10 days for a second offense and for a period not to
exceed 30 days for any subsequent offense. The police officer impounding
the vehicle under this article shall notify the operator, in writing,
at the time of impoundment of the location of the impoundment and
the requirements for release. Further, any such vehicles operated
in violation of any provision of this article upon which a complaint
was issued or a fine is unpaid shall be impounded and stored until
all fines for all outstanding violations and any fees for impoundment
and storage have been paid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All impoundment fees shall be recovered to the use of the Town
of Windham.
