[HISTORY: Adopted by the Town Board of the
Town of Orchard Park 8-6-1986 by L.L. No. 1-1986. Amendments noted where applicable.]
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:
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.
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.
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.
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.
It shall be unlawful for any peron to drive or operate
any motorcycle, limited-use motorcycle or limited-use off-road vehicle
on private lands of another person within the Town of Orchard Park
without written permission of the owners or occupants of said property.
Such written permission must be provided by the persons operating
the motorcycle, off-highway motorcycle, limited-use motorcycle or
limited-use off-road vehicle and must be presented upon demand to
any peace officer or police officer so demanding within 24 hours of
such demand. The police officer may impound the vehicle until written
permission is provided. In the event of a second violation of this
subsection within one year, the police officer shall impound the vehicle
until written permission is provided.
B.
The following are prohibited within the Town of Orchard
Park at all times:
(1)
The operation of any motorcycle, off-highway motorcycle,
limited-use motorcycle or limited-use off-road vehicle in such a manner
as to disturb or interfere with the peace and tranquility of reasonable
persons by creating loud, unnecessary or unusual noise.
(2)
The operation of any motorcycle, off-highway motorcycle,
limited-use motorcycle or limited-use 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 motorcycle, off-highway motorcycle,
limited-use motorcycle or limited-use off-road vehicle at a rate of
speed greater than reasonable or proper under the circumstances.
(4)
The operation of any motorcycle, off-highway motorcycle,
limited-use motorcycle or limited-use off-road vehicle, with or without
written permission, within 250 feet of any dwelling, school, church,
commercial building, restaurant, store or other occupied building.
(5)
The operation of any motorcycle, off-highway motorcycle,
limited-use motorcycle or limited-use off-road vehicle on any lands
leased, owned or controlled by the Town of Orchard Park. This shall
not be construed to prohibit lawful operation of vehicles on public
streets or thoroughfares.
A.
Section 133-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, off-highway motorcycle, limited-use motorcycle or limited-use off-road vehicle is entering the public highway from a private driveway.
B.
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.
A.
Notwithstanding § 133-5, any peace officer who shall encounter any person operating a motorcycle, limited-use motorcycle or limited-use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Chief of Police of the Town of Orchard Park. The owner or duly designated agent of the owner of such vehicle may secure possession of such vehicle upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle and an impoundment fee of $100.
B.
In 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 section will be
sold at public auction according to appropriate procedures and law
affecting public auctions by municipalities. (The minimum bid shall
reflect costs and penalties to the date of such auction.)
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.
