[HISTORY: Adopted by the Town Board of the Town of Verona 8-8-2023 by L.L. No. 1-2023. Amendments noted where applicable.]
The purpose of this chapter is to designate certain portions
of roadways within the Town of Verona highway system as being open
for travel by all-terrain vehicles pursuant to the authority granted
in § 2405 of the Vehicle and Traffic Law of the State of
New York. The Town Board hereby finds that the opening of certain
Town roads and portions thereof to ATV use and travel is necessary
in order for ATVs to gain access to areas and/or trails adjacent thereto
which would otherwise be impossible to access without the use of such
Town highways. It is the purpose of this chapter to authorize the
use of ATVs on certain designated portions of highways in the Town
of Verona and to discourage unsafe operation and unlawful trespass
upon public and private lands. The Town Board further finds that promoting
opportunities for recreational use of all-terrain vehicles and the
regulation of same is in the public benefit.
This chapter is adopted pursuant to the authority granted in
§ 2405 of the Vehicle and Traffic Law of the State of New
York and § 10 of the Municipal Home Rule Law.
As used in this chapter, the following terms shall have the
meanings indicated:
An all-terrain vehicle, as defined in § 2281(1)
of the Vehicle and Traffic Law of the State of New York.
A Town road or portion thereof designated by this chapter
for use and for travel by ATVs.
A.
The following roads, or the indicated portions thereof, are hereby
designated as open to travel by ATVs, the Town Board of the Town of
Verona having specifically determined that it is otherwise impossible
for ATVs to gain access to areas or trails adjacent to said designated
roads other than by the use of such designated roads. The following
Town roads are hereby designated for the purpose of the operation
of all-terrain vehicles as authorized by § 2405 of the Vehicle
and Traffic Law, Article 48-C:
(1)
Hill Road, a distance of 0.38 mile, to connect two ATV trails from
Recovery Room, Dunkin Donuts and the fuel stop at Willow Place. This
road is needed to connect the two trails due to low-lying wetland
on the north side of the road and multiple residences on the south
side of the road with no acceptable access.
(2)
Fox Road, a distance of 0.62 mile, to connect two trails due to the
NYS Thruway to the north and low-lying wetland to the south.
(3)
Sand Hill Road, a distance of 0.62 mile, required in order to cross
the NYS Thruway.
(4)
Sager Road, a distance of 0.09 mile, required due to swampland and
drainage from the NYS Thruway making the sides unusable.
(5)
Germany Road, a distance of 0.73 mile, to connect two trails otherwise
not accessible since the Verona test annex will not allow land use
by ATVs, which closes the entire west side of the road for use. The
east side of the road is both residential and swampland with no other
access to the ATV trails.
(6)
Dwyer Road, a distance of 0.19 mile, required in order to cross the
Brandy Brook and the swamp to the east of it.
(7)
Rock Road, a distance of 0.36 mile, required in order to cross CSX
rails.
(8)
Merry Street, a distance of 0.06 mile, needed to avoid residences
on Rock Road.
(9)
Volunteer Avenue, a distance of 0.28 mile, again needed to avoid
residences on Rock Road.
(10)
East Main Street, a distance of 0.9 mile, required due to the
close proximity of the residences on East Main Street which do not
allow access off the roadway.
(11)
Spring Road, a distance of 0.07 mile, needed to cross Route
365 at the intersection to connect to the ATV trail.
(12)
Tilden Hill Road, a distance of 0.25 mile, required to cross
the NYS Thruway.
B.
Maps showing the ATV trails and stretches of roadways to be open
to ATV use as above set forth are attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A.
No ATV shall be operated on Town roadways, except in accordance with
the provisions of the Vehicle and Traffic Law of the State of New
York.
B.
No ATV shall be operated on any designated Town road unless it is
properly licensed, registered, and insured as required by the Vehicle
and Traffic Law of the State of New York.
C.
No person shall operate an ATV on a designated Town road at a rate
of speed in excess of 25 mph.
D.
No person shall operate an ATV on a designated Town road between
the hours of 12:00 midnight and 6:00 a.m.
E.
All operators of ATVs shall proceed in single file when driving upon
or crossing a designated Town road.
F.
All operators of ATVs on any designated Town road shall strictly
observe all vehicular traffic signs and signals and all other rules
and regulations applicable to vehicular traffic and shall obey all
the orders and directions of any state or local law enforcement officer
authorized to direct or regulate traffic.
G.
No person shall operate an ATV in a careless, reckless, or negligent
manner so as to unreasonably endanger the person or property of another
or cause injury or damage thereto.
H.
No Town roadways shall be used by ATVs except those so designated
in this chapter.
I.
The Town Board reserves the right, in its sole discretion, to repeal
this chapter to prohibit ATV use on Town roadways.
An annual permit to use the aforesaid designated Town roadways
must be obtained from the Town by the Back Country ATV Club, which
permit must be renewed each year at a cost to be established by resolution
of the Town Board and may be amended by resolution.
In accordance with the requirements of § 2405 of the
Vehicle and Traffic Law, the Highway Superintendent shall install
signs and markers identifying the designated roads upon which ATVs
may ride within the Town of Verona. The cost and installation of said
signs and markers shall be paid by the Back Country ATV Club.
Any person who violates any provisions of this chapter shall
be guilty of an offense as defined by § 10.00 of the Penal
Law of the State of New York, and the violator or offender shall be
liable for a fine of not more than $200 for the first offense; and
a fine of not more than $500 for a second or subsequent offense.
Should any section or provision of this chapter be declared
invalid, such decision shall not affect the validity of the remaining
portions thereof.
This chapter shall take effect immediately upon filing with
the Secretary of State.
