[Adopted 5-19-2021 by Ord. No. 18]
For the purpose of this article, the following terms shall have
the meanings indicated:
All-terrain vehicles (sometimes known as "ATVs") as that
term is defined in § 2281, Subdivision 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.
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.
Any highway, road, alley, street, avenue, public place, public
driveway, or any other public way.
(a)
Public property. No person shall operate an off-road vehicle
on a public highway or on any public property in the City of Utica,
including but not limited to sidewalks and in City parks.
(b)
Private property. No person shall operate an off-road vehicle
off a public highway onto private property in the City of Utica unless
such person has first obtained the express consent of the owner or
occupant of such 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 Utica lacks consent to
operate the off-road vehicle on private property.
(a)
Any person who operates an off-road vehicle in violation of
this article shall be guilty of an offense punishable by a fine not
to exceed $500 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 § 1-16-3.1(a) or (b) of this article. The pertinent police department or enforcement agency shall store such impounded off-road vehicles pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such 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 such off-road vehicle, nor the City of Utica, nor any agent nor 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 the off-road vehicle operated in violation of this article may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $2,500. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner's agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney.
The Chief of Police is charged with the enforcement of the provisions
of this article.
If any clause, sentence, paragraph, or part of this article
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 thereof 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.
Whenever any vehicle which has been impounded by the Department
of Police remains in the possession of the Department unclaimed by
any person having the right to the possession of such vehicle for
a period of 60 days, such vehicles may be:
The owner of such vehicles or their agent may, within 60 days
from the date of impounding, redeem the vehicle by reimbursing the
City of Utica the cost of towing for towing or hauling and storage
charges not exceeding $45 per day for each day impounded. Such owner
or agent shall also sign a written receipt for such vehicle. Said
sums shall be in addition to any redemption fee established in this
Code, and in addition to any outstanding fines due for parking, stopping,
or standing violations.
This article shall take effect upon final passage by the City
of Utica Common Council.
