[HISTORY: Adopted by the Town Board of the Town of Brant at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
The Town Board recognizes the potential adverse impact on the health,
safety and general welfare of the residents of the Town of Brant and to property
within the town by the use of unlicensed motor-driven vehicles and, therefore,
deems it appropriate to control the use of said vehicles.
For the purpose of this chapter, the following terms shall have the
meanings indicted:
All streets, sidewalks, easements or any other areas dedicated or
commonly used for vehicular or pedestrian traffic.
All parks, recreation areas, ballparks, lake and stream areas, storage
facilities, garage areas, parking areas and any and all other town-owned land
and premises.
Any type of unlicensed motor-driven vehicle or conveyance, including
but not necessarily limited to snowmobiles, two-wheeled motor vehicles known
as "trail bikes" and "motor scooters" and four-wheeled or three-wheeled motor
vehicles commonly known as "goKarts" or "all-terrain vehicles," but not including
mopeds or any vehicle used for agricultural, landscaping or lawn maintenance
purposes.
It shall be unlawful for any person to operate any unlicensed motor-driven
vehicle upon any public property or town-owned land in the Town of Brant except
on designated lands specified by the Town Board of the Town of Brant.
A.
The operation of an unlicensed motor-driven vehicle is
prohibited upon private property unless the operator of said unlicensed motor-driven
vehicle has the express permission of the owner of said private property to
operate said vehicle on said property.
B.
Any driver of an unlicensed motor-driven vehicle who
enters or remains upon private property which is either fenced or otherwise
enclosed in a manner against trespassers where notice is given by posting
in a conspicuous manner or where notice against trespassing has been personally
communicated to such person by the owner of such land or other authorized
person shall be presumed to be operating without the permission of the owner
of said property.
It shall be unlawful to operate any unlicensed motor-driven vehicle
in a careless, reckless or negligent manner so as to endanger the safety of
any person or the property of any person.
A.
It shall not be unlawful for any employee of the Town
of Brant to operate unlicensed motor-driven vehicles for the purpose of maintaining,
repairing or doing any public work within the scope of his/her employment.
B.
Nothing herein shall prohibit the use and operation of
unlicensed motor-driven vehicles on premises duly approved for such use by
the appropriate officials or regulatory bodies of the Town of Brant.
A vehicle apprehended at the scene of a violation of this chapter will
be held by the appropriate authorities until such time as the case is resolved
and ownership of the motor-driven vehicle is determined.
Unless otherwise specifically provided by state statute, any person
who violates any provisions of this chapter shall be guilty of a violation
and, upon conviction, be subject to a fine of not more than $250 or imprisonment
not exceeding 15 days, or both.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of unlicensed motor vehicles, then, in that instance, said laws
of the State of New York shall prevail.
