[HISTORY: Adopted by the Town Board of the
Town of Lockport 9-11-1985 by L.L.
No. 4-1985. Amendments noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
The following are prohibited within the Town of Lockport
at all times:
(1)
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.
(2)
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.
(3)
The operation of any off-road vehicle at a rate of
speed greater than reasonable or proper under the surrounding circumstances.
(4)
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.
(5)
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.
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.
A.
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]
B.
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.
