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:
HIGHWAY
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]
OPERATE
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.
OPERATOR
Every person who operates or is in actual physical control
of an off-highway vehicle.
OWNER
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.
SHOULDER
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.
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.
[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.