The regulation of recreational vehicle use within the Town of West Seneca
is deemed necessary to preserve the public peace and good order, to prevent
unreasonably loud or disturbing noises which the Town Board of the Town of
West Seneca determines to be detrimental to the peace, welfare and good order
of the people and to promote the health, safety, morals and general welfare
of the community, including the protection and preservation of the property
of the town and of its inhabitants.
In this chapter, unless the context requires otherwise, the following
terms shall have the meanings indicated:
RECREATIONAL MOTOR VEHICLE
Snowmobiles, motorcycles, minibikes, trail bikes, motorbikes, all-terrain
vehicles, and other motorized two- and three-wheeled vehicles and similar
vehicles and contrivances designed for operation primarily on off-highway
trails.
No person shall drive, operate, ride upon or suffer, or permit to be
driven or operated or ridden upon, any recreational motor vehicle as defined
in this chapter, within the corporate limits of the Town of West Seneca under
any of the following circumstances:
A. On the private property of another without the express
prior written consent of the owner and the occupant of such property. Such
consent may be revoked at any time by the grantor thereof. Where such express
prior written consent has been obtained, the operator shall keep such consent
on his person and available for immediate display at all times during the
period of such operation. Such express prior written consent shall not be
deemed a consent hereunder as to any person whose name is not set forth therein.
Failure to produce such express prior written consent upon demand therefor
by any police officer shall be presumptive evidence that such consent has
not been given or received.
B. On any public grounds or property within the town.
C. In such manner as to create loud or unnecessary noise
or so as to interfere or disturb unreasonably other persons in the quiet enjoyment
of their property. To this end, no person shall operate a recreational motor
vehicle before the hour of 9:00 a.m. or after 7:00 p.m., prevailing time or
sunset, whichever shall first occur.
D. In a careless, reckless or negligent manner.
E. On private property within one hundred (100) feet of
property owned by another.
Nothing herein contained shall be construed to restrict the right of
any person duly licensed under the provisions of the New York State Vehicle
and Traffic Law to operate a recreational motor vehicle, provided that the
same has been duly licensed and registered pursuant to the provisions of such
Vehicle and Traffic Law upon any public highway within the Town of West Seneca
where such vehicle may be operated or parked.
Any person who shall violate the provisions of this chapter shall be
guilty of a violation punishable by a fine of not more than two hundred fifty
dollars ($250.) or by imprisonment for not more than fifteen (15) days, or
by both such fine and imprisonment.