This chapter shall be known as the law "Operation of Off-Road
Vehicles on Public Highways in Monroe County."
The Legislature hereby finds that:
A. The use of off-road vehicles on public highways are a threat to the
safety of pedestrians, motorists, and bicyclists.
B. Law enforcement has requested assistance from the Legislature, in
the form of a local law, giving law enforcement the power to impound
illegally operated off-road vehicles.
C. Many off-road vehicle operators and passengers are not equipped with
proper protective gear.
D. The health, safety and well-being of the citizens of Monroe County
is furthered by curtailing the illegal and unsafe use of off-road
vehicles on public highways.
As used in this chapter, the following terms shall have the
meanings indicated:
OFF-ROAD VEHICLE
Includes all-terrain vehicles (ATVs) as defined in § 2281,
Subdivision 1, of the New York State Vehicle and Traffic Law, all
off-highway motorcycles as defined by § 125-a of the New
York State Vehicle and Traffic Law, and motocross or dirt bikes, dune
buggies, go-carts, and any and all other types of motorized trail
bikes or vehicles with a primary intention for off-road use, but not
including nonmotorized bikes.
OPERATE
To ride in or on, other than as a passenger, or use or control
the operation of an off-road vehicle in any manner, regardless of
if said off-road vehicle is underway.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public
driveway, or any other public way.
Chapter
323 of the General Local Laws of Monroe County shall continue to govern the use of off-road vehicles in Monroe County parks.
Operators and passengers must wear a United States Department
of Transportation (USDOT) approved helmet while riding an ATV.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgement shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgement shall be rendered.