Town of Lockport, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Lockport 9-11-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 182.
The purpose of this chapter is to protect the public health, welfare and safety by prohibiting and/or regulating the operation of off-road vehicles.
The word "off-road vehicle" shall mean a motor vehicle which is not equipped in conformity with Vehicle and Traffic Law § 381 and which is not registered in accordance with the provisions of Vehicle and Traffic Law § 410 and which is manufactured and sold for operation primarily on areas which are not public highways and having a seat or saddle for the use of the rider, and shall include such vehicles commonly known as "motorcycles," "minibikes," "trail bikes," "all-terrain vehicles," and "mopeds" when not registered, but shall not include such vehicles when used customarily for agricultural, business, gardening, or property maintenance purposes.
No person shall operate or drive an off-road vehicle on Town lands at any time without the written prior consent of the Town.
No person shall operate or drive an off-road vehicle on that portion of highways within the Town of Lockport lying between the regularly traveled or paved portion thereof and the outside boundaries of the rights-of-way of said highways, but the foregoing shall not prohibit the manual operation or pushing of an off-road vehicle on such portion of said highways. The word “highways” shall include state highways, county highways, and Town highways by dedication or by use.
It shall be unlawful for any person to drive or operate any off-road vehicle on private lands of another person within the Town of Lockport without written permission of the owners or occupants of said property. The written permission must be in the possession of the persons operating the off-road vehicle and must be presented upon demand to any peace officer or police officer so demanding. However, there shall be an exception to the requirement of the necessity for written permission where there are properly marked trails, in which case it shall be presumed permission has been obtained from the owner and there shall be no written permission necessary.
The following are prohibited within the Town of Lockport at all times:
The operation of any off-road vehicle in such a manner as to disturb or interfere with the peace and tranquillity of persons by creating loud, unnecessary or unusual noise.
The operation of any off-road vehicle in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any persons, including the operator of the vehicle.
The operation of any off-road vehicle at a rate of speed greater than reasonable or proper under the surrounding circumstances.
The operation of any off-road vehicle, with or without written permission, within 400 feet of any dwelling other than the dwelling house of the operator.
The operation of any off-road vehicle on any lands leased, owned or controlled by the Town of Lockport except as provided by local law. This shall not be construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
Section 187-5 shall not apply in those instances where a duly licensed operator of a duly licensed off-road vehicle is entering the public highway from a private driveway.
This chapter shall not apply to police and emergency vehicles.
A failure to comply with the provisions of this chapter shall be deemed a violation, and the violator shall be subject to a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.
Notwithstanding § 187-7, any enforcement officer of the Town of Lockport, Niagara County Sheriff's Department or New York State police who shall encounter any person operating an off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Lockport, and such vehicle may be reclaimed by the owner of such vehicle upon payment of expenses and charges necessary and actually incurred by the removal of said vehicle. If the owner of said vehicle is a minor under the age of 18 years, then the parent or guardian of said minor shall accompany the minor on the date the vehicle is picked up and expenses and charges are paid. (Minimum fee: $100.)
[Amended 12-3-2003 by L.L. No. 6-2003]
In the case of a second or subsequent violation, the court may order confiscation of said vehicle in lieu of any fine and/or imprisonment. Any vehicle which is confiscated pursuant to this chapter will be sold at public auction according to the appropriate procedures and laws affecting public auctions by municipalities. (Minimum bid should reflect cost and penalties to date.)
The Town of Lockport, Niagara County Sheriff's Department and the New York State police shall enforce the provisions of this chapter.