[Adopted 7-23-2004 by L.L. No. 2-2004]
The purpose of this article is to protect the public health, welfare and safety by regulating the operation of off-highway vehicles within the Village of Round Lake in a manner which will minimize detrimental effects of use of such vehicles on the community and the environment and to prevent accidents, minimize noise and prevent unauthorized use of such vehicles on private lands, public lands and public highways.
As used in this article, the following terms shall have the meanings indicated:
- The entire width between the boundary lines of any way or place when any part thereof is open to the use of the public as a matter of right for purposes of vehicular traffic. This term shall include state highways, county highways, private roads, public parking lots and town highways, by dedication or by use.
- MUNICIPAL PROPERTY
- Real property owned, leased or used by the Village of Round Lake, the County of Saratoga, Saratoga County Sewer District No. 1, or any other governmental entity.
- OFF-HIGHWAY VEHICLES
- A motor vehicle which is not equipped in conformity with the New York State Vehicle and Traffic Law § 381 and/or which is not registered in accordance with the provisions of the New York State Vehicle and Traffic Law § 410 and/or which is manufactured and sold for operation primarily on areas which are not public highways, having a seat or saddle for the use of the rider and designed to travel with wheels or tracks in contact with the ground, and shall include such vehicles as are commonly known as "all-terrain vehicles," "four-wheelers," "three-wheelers," "motorcycles," "minibikes," "trail bikes," "dirt bikes" and "mopeds," and shall also include vehicles known as "snowmobiles," but shall not include such vehicles when used customarily for agricultural, business, gardening or property maintenance purposes. For all purposes of Chapter 168, Article V, golf carts are not off-highway vehicles.[Amended 6-20-2018 by L.L. No. 2-2018]
- To ride in or on, other than as a passenger, or to use or control the operation of an off-highway vehicle in any manner, whether or not said off-highway vehicle is underway.
- Every person who operates or is in actual physical control of an off-highway vehicle.
- Any person having title to an off-highway vehicle. If an off-highway vehicle is sold under a contract of conditional sale whereby the title remains in the vendor, such vendor or his assignee shall not, after delivery of such off-highway vehicle, be deemed an "owner" within the provisions of this article, but the vendee or his assignee shall, upon receipt of possession thereof, be deemed such "owner," notwithstanding the terms of said contract, until the vendor or his assignee shall retake possession. A person holding only a security interest in an off-highway vehicle shall not be deemed an "owner" unless such person also has possession of such off-highway vehicle.
- That portion of the highway which lies outside the paved or unpaved roadway immediately adjacent to the portion of the roadway which may be used by motor vehicles.
It shall be unlawful for any person to drive or operate any off-highway vehicle on private lands or municipal property within the Village of Round Lake without written permission of the owners or occupants of said private lands or written permission of the authorities having control of said municipal property. Said written permission must be in the possession of the persons operating the off-highway vehicle and must be presented, upon demand, to any peace officer or police officer so demanding.
It shall be unlawful to operate any off-highway vehicle within the Village of Round Lake in such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and tranquility of other persons.
It shall be unlawful to operate any off-highway 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 said vehicles.
It shall be unlawful to operate any off-highway vehicle at a rate of speed greater than reasonable and prudent.
It shall be unlawful to operate any off-highway vehicle within 500 feet of any dwelling other than the dwelling house of the operator.
It shall be unlawful to operate any off-highway vehicle on any highway or shoulder. Such vehicle may make a direct crossing on a street or highway other than an interstate highway and other than any controlled access highway at any time of day, provided that:
The crossing is made at an angle of approximately 90° to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway.
The driver yields right-of-way to all oncoming traffic that constitutes an immediate hazard.
In crossing a divided highway, the crossing is made only at an intersection of the highway with another public street or highway.
The crossing is made between the hours of 1/2 hour after sunset or 1/2 hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on.
It shall be unlawful for any person under the age of 10 years to operate an off-highway vehicle without the direct on-site supervision of a person over the age of 18 years.
Any peace officer or police officer having jurisdiction within the Village of Round Lake who shall encounter any person operating an off-highway vehicle in violation of this article who is unable to produce proof of ownership shall remove said vehicle to a place designated by the Saratoga County Sheriff or the New York State Police. The owner or the duly designated agent of the owner of such vehicle may regain the same upon payment of expenses and charges necessarily and actually incurred by the removal of said vehicle.
A violation of this article shall be deemed a violation.
Pursuant to Title E of the Parks, Recreation and Historic Preservation Law, § 27.11, upon conviction after a hearing before a court of competent jurisdiction, a fine of not more than $100 and/or imprisonment not exceeding 15 days, or both, may be imposed. Failure to pay such fine may result in the impounding of the offending off-highway vehicle until such fine is paid. Three convictions of violations of this article within a continuous 18 months may also result in the impoundment of the offending off-highway vehicle for a period not to exceed 90 days. Such off-highway vehicle may after 90 days be redeemed by the owner after paying storage fees, if any, and after paying an impoundment fee of $50 to the Round Lake Village Clerk.
The parent, legal guardian or other person having custody of a person who is under the age of 16 years at the time of the violation of this article by such person under the age of 16 years shall likewise be guilty of a violation if, after a hearing by a court of competent jurisdiction, a determination is made that such violation occurred by such person under the age of 16 years, and shall be subject to a fine not to exceed $250.
[Added 6-20-2018 by L.L. No. 2-2018]
It shall be lawful for any person otherwise legally entitled to operate an electric-powered golf cart to operate such golf cart on Village real property which is otherwise open to the general public (e.g., including parks, but excluding the grounds of the Department of Public Works), except that such operation shall not be lawful in areas where it would leave ruts.