[HISTORY: Adopted by the Town Board of the Town of Fort Edward 10-9-85
as L.L. No. 2-1985. Section 103-10 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
The Town Board recognizes the potential adverse impact on the health,
safety and general welfare of the residents of the Town of Fort Edward and
to property within the town by the use of unlicensed motor-driven vehicles
and, therefore, deems it appropriate to control the use of said vehicles.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
All streets, sidewalks, easements or any other areas dedicated or
commonly used for vehicular or pedestrian traffic.
All parks, recreation areas, ballparks, lake and river areas, storage
facilities, garage areas, parking areas and any and all other town-owned land
and premises.
Any type of unlicensed motor-driven vehicle or conveyance, including
but not necessarily limited to snowmobiles, two-wheeled motor vehicles known
as "trail bikes" and "motor scooters" and four-wheeled or three-wheeled motor
vehicles commonly known as "go-carts" or "all-terrain vehicles," but not including
mopeds or any vehicles used for agricultural, landscaping or lawn-maintenance
purposes.
It shall be unlawful for any person to operate any unlicensed motor
driven vehicle upon any public property or town-owned land in the Town of
Fort Edward.
A.
The operation of an unlicensed motor-driven vehicle is
prohibited upon private property unless the operator of said unlicensed motor-driven
vehicle has the express permission of the owner of said private property to
operate said vehicle on said property.
B.
Any driver or operator of any unlicensed motor-driven
vehicle who enters or remains upon private property which is either fenced
or otherwise enclosed in a manner designed to exclude intruders, to where
notice against trespassers is given by posting in a conspicuous manner or
where notice against trespassing has been personally communicated to such
person by the owner of such land or other authorized person. shall be presumed
to be operating without the permission of the owner of said property.
It shall be unlawful to operate any unlicensed motor-driven vehicle
in a careless. reckless or negligent manner so as to endanger the safety of
any person or the property of any person.
A.
It shall not be unlawful for any employee of the Town
of Fort Edward to operate unlicensed motor-driven vehicles for the purpose
of maintaining, repairing or doing any public work within the scope of his
employment.
B.
Nothing herein shall prohibit the use or operation of
unlicensed motor-driven vehicles on premises duly approved for such use by
the appropriate officials or municipal regulatory bodies of the Town of Fort
Edward.
It shall be unlawful for the parent. guardian or any person having the
care, custody and control of any child under the age of sixteen (16) years
knowingly to permit such child to operate an unlicensed motor-driven vehicle
in violation of the terms of this chapter.
Whenever any child under the age of sixteen (16) years is alleged to
have violated this chapter, his parent, guardian or any person having the
care, custody or control of the child shall be notified.
The law enforcement agency shall immediately impound any unlicensed
motor-driven vehicle operated in violation of this chapter. The unlicensed
motor-driven vehicle shall be returned upon payment of the fine or upon the
direction of the court.
Any operator or parent, as defined in § 103-8, who shall violate any of the provisions of this chapter shall, upon conviction thereof, be sentenced to a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of unlicensed motor vehicles, then, in that instance, said laws
of the State of New York shall prevail.
