For the purpose of this article, the following terms shall have
the meanings indicated:
ASSOCIATE FEES
The cost of towing or hauling an off-road vehicle and storage
charges not exceeding $45 per day for each day the off-road vehicle
is impounded.
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, minibikes, golf carts and any
and all other types of motorized trail bikes or vehicles that are
manufactured for sale or operation primarily on off-highway trails
or for off-highway competitions and are only incidentally operated
on public highways. Nothing contained herein, however, shall be deemed
to apply to or prohibit the use of bicycles. Furthermore, pursuant
to and consistent with New York State Vehicle and Traffic Law §§ 2281
(1)(b) and 125 the term "all-terrain vehicle" or "ATV" shall not include
any vehicle used for agricultural purposes or for snowplowing, farm
equipment, including self-propelled machines used exclusively in growing,
harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site;
police and fire vehicles other than ambulances.
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
said off-road vehicle is under way.
PREPONDERANCE OF EVIDENCE
The greater part of credible evidence. "Credible evidence"
means the testimony or exhibits that are found to be worthy to be
believed. Preponderance does not mean the greater number of witnesses
or the greater length of time taken by either side. The definition
refers to the quality of the evidence, that is, its convincing quality,
the weight and the effect that it has on the finder of fact. In order
to establish a preponderance of the credible evidence, it must more
nearly represent what took place than the evidence opposed to it.
In the event that the credible evidence weighs so evenly that finder
of fact is unable to say that there is a preponderance on either side,
then no preponderance has been established.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public
driveway, or any other public way.
An appeal of the decision by the Public Safety Commissioner
is taken by Article 78 of the New York State Civil Practice Law and
Rules to the Oneida County Supreme Court. Such an appeal shall automatically
stay any of the remedial measures prescribed by the Public Safety
Commissioner.
Whenever any off-road vehicle which has been impounded by the
Department of Police remains in the possession of the Department and
the vehicle has been forfeited, and the time for appeals has expire,
such vehicles may be:
(a)
Sold under the direction of the Purchasing Agent, at public
auction, to the highest bidder after notice of such auction has been
given for not less than one week, by one publication in the newspaper
of the City of Utica;
If the remedial measures by the Commissioner of Public Safety
include the payment of fees, said fees shall be made by secure funds
to the City of Utica Comptroller. Upon receipt of the secure funds,
the City of Utica Comptroller shall issue a receipt to the payer stating
that the fees have been satisfied and forward the same to Corporation
Counsel and the City of Utica Police Department. Upon receiving said
receipt, the City of Utica Police Department shall immediately release
the off-road vehicle to the registered owner but in the event that
the off-road vehicle is unregistered, the off-road vehicle will be
released to whomever the Commissioner of Public Safety found the lawful
owner to be.
The Chief of Police is charged with the enforcement of the provisions
of this article.
This article shall take effect upon final passage by the City
of Utica Common Council.