[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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
It shall be unlawful to operate any off-highway vehicle
at a rate of speed greater than reasonable and prudent.
E.
It shall be unlawful to operate any off-highway vehicle
within 500 feet of any dwelling other than the dwelling house of the
operator.
F.
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:
(1)
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.
(2)
The vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway.
(3)
The driver yields right-of-way to all oncoming traffic
that constitutes an immediate hazard.
(4)
In crossing a divided highway, the crossing is made
only at an intersection of the highway with another public street
or highway.
(5)
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.
G.
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.
A violation of this article shall be deemed a violation.
B.
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.
C.
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.
[Added 4-6-2022 by L.L. No. 1-2022]
Personal watercraft (i.e., jet-driven vessels on which the rider
sits, kneels, stands or lays), such as Jet-Skis, may not be operated
within the Village of Round Lake or launched from real property owned
by the Village of Round Lake.
