The purpose of this chapter is to protect the
public health, welfare, safety, peace and tranquility by regulating
the operation of motorcycles, limited-use motorcycles and limited-use
off-road vehicles within the Town of Orchard Park. It is also the
purpose of this chapter to prevent those who wish to operate and use
motorcycles, limited-use motorcycles and limited-use off-road vehicles
from trespassing on public or private property in the Town of Orchard
Park, from annoying any person or persons and from creating a public
nuisance.
As used herein, the following words shall have
the meanings set forth below:
LIMITED-USE MOTORCYCLE
An unenclosed limited-use vehicle having two, three, or four
wheels (a quad) with a seat or saddle for the operator. A "limited-use
motorcycle" having a maximum operating speed of more than 30 miles
per hour but not more than 40 miles per hour shall be a Class A "limited-use
motorcycle." A "limited-use motorcycle" having a maximum performance
speed of more than 20 miles per hour but not more than 30 miles per
hour shall be a Class B "limited-use motorcycle." A "limited-use motorcycle"
having a maximum performance speed of not more than 20 miles per hour
shall be a Class C "limited-use motorcycle." Class A, Class B and
Class C "limited-use motorcycles" are also defined in the New York
State Vehicle and Traffic Law and the Rules and Regulations promulgated
by the Commissioner of Motor Vehicles of the State of New York.
OFF-HIGHWAY MOTORCYCLE
A motorcycle which is not equipped in conformity with the
provisions of § 381 of the Vehicle and Traffic Law of the
State of New York and would not, if properly equipped, qualify as
a limited-use motorcycle and which is sold for operation primarily
on off-highway trails and off-highway competition.
LIMITED-USE OFF-ROAD VEHICLE
A vehicle other than one currently licensed to be operated
or driven upon a public highway, which is propelled by any power other
than human power. A vehicle which is currently licensed and driven
off the road shall also be subject to the terms of this chapter.
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor, as defined in § 123
of the Vehicle and Traffic Law.
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.
Any peace officer or police officer may enforce
the provisions of this chapter. The Town of Orchard Park Police, the
Erie County Sheriff's Department and the New York State Police shall
enforce the provisions of this chapter.