[HISTORY: Adopted by the Board of Trustees of the Village of Colonie 8-28-1995 by L.L. No. 2-1995; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Skateboards and in-line skates — See Ch. 184.
Streets and sidewalks — See Ch. 196.
Abandoned vehicles — See Ch. 222.
Vehicles and traffic — See Ch. 225.
The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility by regulating the operation of motorcycles, snowmobiles and limited-use off-road vehicles within the Village of Colonie. It is also the purpose of this chapter to prevent those inhabitants of the Village of Colonie who wish to operate and use motorcycles, snowmobiles and limited-use off-road vehicles from trespassing on public or private property in the Village of Colonie, from annoying inhabitants and from creating a public nuisance.
As used herein, the following words shall have the meanings set forth below:
LIMITED-USE MOTORCYCLE
An unenclosed limited-use vehicle having only two or three wheels, with a seat or saddle for the operator. A "limited-use motorcycle" having the maximum performance speed of more than 20 miles per hour but not more than 30 miles per hour shall be a Class A limited-use motorcycle. A "limited-use motorcycle" having a maximum performance speed of more than 20 miles per hour shall be a Class B limited-use motorcycle. A "limited-use motorcycle" having a maximum speed of performance of not more than 20 miles per hour shall be a Class C limited-use motorcycle.
LIMITED-USE OFF-ROAD VEHICLE
A vehicle other than one currently licensed to be operated or driven upon a public highway, which is propelled by any power other than human power.
MOTORCYCLE
Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
SNOWMOBILE
A self-propelled vehicle designed to travel on snow or ice, steered by skis or runners and supported, in whole or in part, by one or more skis, belts or cleats.
A. 
It shall be unlawful for any person to drive or operate any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle on the private lands of another person within the Village of Colonie without written permission of the owners or occupants of said property. The written permission must be in the possession of the persons operating the motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle and must be presented upon demand to any peace officer or police officer so demanding.
B. 
The following are prohibited within the Village of Colonie at all times:
(1) 
The operation of any motorcycle, limited-use motorcycle, snowmobile or off-road limited-use vehicle in such a manner as to disturb or interfere with the peace and tranquility of persons by creating loud, unnecessary or unusual noise.
(2) 
The operation of any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road 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 the vehicle.
(3) 
The operation of any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle at a rate of speed greater than reasonable or proper under the surrounding circumstances.
(4) 
The operation of any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle, with or without written permission, within 1,000 feet of any dwelling other than the dwelling house of the operator.
(5) 
The operation of any motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle on any lands leased, owned or controlled by the Village of Colonie, except as provided by local law. This shall not be construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
A. 
Section 229-3 shall not apply in those instances where a duly licensed operator of a duly licensed motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle is entering the public highway from a private driveway.
B. 
This chapter shall not apply to police and emergency vehicles.
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. 
Notwithstanding § 229-5, any enforcement officer of the Town of Colonie Police Department who shall encounter any person operating a motorcycle, limited-use motorcycle, snowmobile or limited-use off-road vehicle in violation of this chapter shall remove said vehicle to a place designated by the Chief of Police. The owner or 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.
B. 
In the case of a second or subsequent violation, the court may order confiscation of said vehicles 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 Town of Colonie Police Department shall enforce the provisions of this chapter.