[HISTORY: Adopted by the City Council of the City of Troy 6-3-2021 by Ord. No. 40. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLES
All-terrain vehicles (sometimes known as "ATVs") as that term is defined in § 2281(1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in § 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes or motorized vehicles that are manufactured and equipped for sale or operation primarily on off-highway trails or for off-highway competitions, and which may not be operated lawfully on public highways, except under the limited circumstances authorized and prescribed by the New York State Vehicle and Traffic Law.
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, whether or not the off-road vehicle is under way.
PUBLIC HIGHWAY
Any public highway, road, alley, street, avenue, path, or other public way.
PUBLIC PROPERTY
Any public place, driveway, lot, facility, path, trail, park, or other public property in the City of Troy.
A. 
No person shall operate an off-road vehicle on a public highway or on any public property in the City of Troy, except under the limited circumstances authorized and prescribed by the New York State Vehicle and Traffic Law.
B. 
No person shall operate an off-road vehicle on private property in the City of Troy unless such person has first obtained the express consent of the owner or occupant of the property to operate the off-road vehicle on the property. There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the City of Troy lacks consent to operate the off-road vehicle on private property.
A. 
Any person who operates an off-road vehicle in violation of § 274-2A or B of this chapter shall be guilty of an offense punishable by a fine not to exceed $650 or imprisonment not to exceed 15 days, or both.
B. 
In addition to the penalties set forth in Subsection A of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of § 274-2A or B of this chapter. Such impounded off-road vehicle shall be stored by the Police Department or enforcement agency pending the identification of the owner of the off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of the impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the Police Department impounding the off-road vehicle, nor the City of Troy, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of an off-road vehicle that was operated in violation of § 274-2A or B of this chapter and impounded pursuant to this subsection may redeem the off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,350.
C. 
An off-road vehicle impounded under Subsection B of this section shall only be released to the owner of the off-road vehicle, or to the owner's authorized agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney.
This chapter shall be interpreted and enforced in a manner consistent with and in addition to the provisions of the New York State Vehicle and Traffic Law, insofar as New York State law permits. In case of direct conflict or preemption, New York State law shall take precedence. The Chief of Police 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 of this chapter, 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 or circumstances directly involved in the controversy in which the judgment shall have been rendered.