[HISTORY: Adopted by the Town Board of the Town of Moreau 6-11-1985
as LL No. 1-1985. Section 139-5 amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. Other amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of off-road recreational vehicles within
the Town of Moreau in a manner which will minimize detrimental effects of
such use on the environment and prevent accidents to pedestrian travelers
and other users of property in the Town of Moreau.
As used herein, the following words shall have the meanings established
below:
Real property owned, leased or used by the Town of Moreau. Village
of South Glens Falls, South Glens Falls Central School District, County of
Saratoga or any local government agency.
Every unenclosed limited-use motor vehicle having a seat or saddle
for the use of the rider and designed to travel with two, three or four wheels
in contact with the ground (excluding a tractor), whether known as a "motorcycle,"
"all-terrain vehicle," "minibike," "trail bike" or by any other name, whether
or not said vehicle is, in fact, registered for operation on the public highways.
A.
It shall be unlawful for any person to drive or operate
any off-road recreational vehicle on private lands or municipal property within
the Town of Moreau 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-road recreational 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-road recreational
vehicle within the Town of Moreau 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-road recreational
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-road recreational
vehicle at a rate of speed greater than reasonable and prudent.
E.
It shall be unlawful to operate any off-road recreational
vehicle within 500 feet of any dwelling other than the dwelling house of the
operator.
Unless otherwise provided in § 2289 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.
A.
Any enforcement officer of the Town of Moreau and any
peace officer or police officer having jurisdiction within the Town of Moreau
who shall encounter any person operating an off-road recreational vehicle
in violation of this chapter shall remove said vehicle to a place designated
by the Saratoga County Sheriff. The owner or duly designated agent of the
owner of such vehicle may regain same upon payment of expenses and charges
necessarily and actually incurred by the removal of said vehicle.
B.
In the 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 the appropriate procedures and law affecting public
auctions by municipalities.
The Saratoga County Sheriffs Department and New York State Police shall
enforce the provisions of this chapter, and the town may appoint such other
enforcement officers as may be necessary.
