[Adopted 4-11-1994 by L.L. No. 2-1994]
The purpose of this article is to protect the public health, welfare
and safety by regulating and restricting the operation of recreational motor
vehicles on public highways and places in the Town of Barton in a manner which
will be compatible with the use of such highways and places for vehicular
and pedestrian travel and other uses and which will promote the safe and proper
use of recreational motor vehicles for recreation and commerce and minimize
detrimental effects of such use on the environment and inhabitants of the
Town of Barton.
In addition to the provisions of Titles D and E of the Parks, Recreation
and Historic Preservation Law and the rules and regulations of the State Commissioner
of Parks, Recreation and Historic Preservation, the provisions of this article
shall be applicable to the operation of recreational motor vehicles within
the Town of Barton.
[Amended 9-10-2007 by L.L. No. 2-2007]
Except as provided in Article
II hereinafter, it shall be unlawful for any person to drive or operate any recreational motor vehicle on, over or across any public way or public lands, highways, roads, streets, avenues, alleys, public places, public driveways, parks, water or other property of or owned by the Town. It is hereby determined that outside banks and shoulders of all Town streets and highways are impassable or nonexistent.
Whenever the operation of a recreational motor vehicle is permitted
in the Town, as provided in this article, the following conditions and restrictions
are hereby imposed on all such recreational motor vehicle operations:
A. Nuisance. No person shall operate a recreational motor
vehicle on public or private lands at such hours, in such places or in such
a manner as to disturb the quiet or peace of the people or to interfere with
or damage property or cause personal injury.
B. Unattended recreational motor vehicles. It shall be unlawful
for any owner or operator to leave or allow a recreational motor vehicle to
be left unattended on any Town highway or public place while the motor is
running or with the key for starting the same left in the ignition or elsewhere
in said recreational motor vehicle.
C. Obedience to traffic regulations. Each person operating
a recreational motor vehicle on any Town highway shall observe all vehicular
traffic signs and signals and all other rules and regulations applicable to
vehicular traffic and shall obey the orders and directions of any state or
local police or other law enforcement officer authorized to direct or regulate
traffic.
D. Financial security. It shall be unlawful for any person
to operate a recreational motor vehicle on any road or highway within the
Town, unless the owner or operator of such recreational motor vehicle is insured
against public liability and carries with him proof of financial responsibility,
such as a certificate of liability insurance of the type, coverage and of
the minimum amount as defined and required of owners and operators of motor
vehicles by the Vehicle and Traffic Law of the State of New York. Such proof
shall be displayed by the owner or operator of any recreational motor vehicle
upon request to any law enforcement officer or to any person who has suffered
or claims to have suffered either personal injury or damage to property as
a result of the operation of such recreational motor vehicle by any such owner
or operator.
E. Prohibited operating hours. It shall be unlawful to operate recreational motor vehicles on such highways or roads between the hours of 11:00 p.m. and 6:00 a.m., except that on Friday and Saturday the prohibited hours shall be between 12:00 midnight and 6:00 a.m. Operation pursuant to this subsection shall not be considered a violation of §
101-4G of Chapter
101, Noise, of the Code of the Town of Barton.
Unless otherwise provided in the Vehicle and Traffic Law, any person
who violates any provision of this article shall be punishable by a fine of
not more than $1,000 or imprisonment for not more than 15 days, or both.
[Adopted 9-10-2007 by L.L. No. 2-2007]
In addition to their usual and customary meanings, the following terms
shall have the meanings indicated:
ATV
All-terrain vehicle or four-wheel motorized machine designed for
off-road usage.
OPERATE
To ride in or on, other than as a passenger, or use or control the
operation of an ATV in any manner, whether or not said ATV is under way.
OPERATOR
Every person who operates or is in actual physical control of an
ATV.