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LL 05 Regulate all Terrain Vehicle f ease Use this Form for Fills � g your Local Law with the Secretary of State) Text of law should be given as amended. Do not Include matter being eliminated and do not use Italics or underlining to indicate new matter. County City of. Queensbur�r Town .......................... ..»...».................................................................. "Vi1T'ag+e . Local Law No.»..»..................t`..,.».»»»»»..»»»»»»» of tbs"" 19 ...�. .» A local law TO REGULATE THE OPERATION OF.ALL..TERRAIN, VEHICLES WITHIN TOWN CIF��QUS"ILIISBUR'i- »`."�:::aae>wi . » ».......................WITHIN Beit enacted by the .........................»Town Board»..»......»....»....»»»»....»».».»»»»...........».».............. of the County City of. Queensbury.............. as follows: SECTION 1 . LEGISLATIVE INTENT. The purpose of this local law is to protect the public health, welfare and safety by establishing reasonable regulations concerning the use and control all terrain vehicles, protecting private property rights, reducing the effect on the environment of excess noise, and afford opportunity for compatible enjoyment of various recreational activities. on municipal and private lands within the Town of Queensbury. SECTION 2 . DEFINITIONS: As used in this local law, unless the context requires otherwise: (a) "All Terrain Vehicl-es" or "ATV" means: (1) Any motorcycle, or any motor vehicle not equipped in conformity for registration under §401, 410, 411-b or 2261 of the Vehicle and Traffic Law of the State of New York providing such vehicle does not exceed 60 inches in width or 800 pounds of dry weight; and (2) Any motor vehicle registered under Article 48-b of the Vehicle and Traffic Law and is manufactured and sold for operation primarily on off highway trails or in off highway competitions and only incidentally operated on designated public highways. (b) "Municipal Property" means real property owned, leased or used by the Town of Queensbury, any local government, or any governmental agency. , SECTION 3. REGISTRATION (a) All ATV's shall be registered with the Town of Queensbury through the Town Clerk's Office. The annual fee shall be $5 .00 payable to the Town of Queensbury and shall be renewable twelve r (12) months from the date of previous registration. Failure to register any ATV shall result in a finA. not to exceed Fifty and 00/100 ($50 .00) Dollars. , . (b) The application for registration shall require a brief description of the ATV, including the name of the manufacturer and the factory number (serial number) of the vehicle, the name and address of the owner of the vehicle and, if the owner is a minor, the name and address of the parent (s) or legal guardians. (c) Registration of ATV's is for use "off-road" only and is not intended for registration of ATV' s for use on public highwaysL =S'`:: ' or for use on private lands. (d) Applications for registration shall include a copy of the rules and regulations governing the operation and registration of any ATV. (e) ATV registration stickers will be provided by the Town of Queensbury and shall be displayed on both sides of the ATV in a conspicuous manner. (f) The Town Clerk shall maintain a record of the registration of the ATV under the name and d"tinctive number assigned to the registration sticker. (g) The provisions for registration shall apply on and after February 1, 1986, and shall continue in effect until pre-empted by State Law. SECTION 4 . OPERATION OF ATV's It shall be unlawful for any person to drive or operate any ATV in the following unsafe or harrassing manner: (a) Imprudent Speed. At a rate of speed greater than reasonable or proper under the surrounding circumstances. (b) Reckless Operation. In a careless, reckless or negligent manner so as to unreasonably endanger the person or property of another to cause injury or damage thereto. (c) Intoxicaton and drugs. While in an intoxicated condition or under the influence of narcotics or drugs as defined by Section 114-a of the Vehicle and Traffic Law. (d) On lands of another. On private property, without the consent of the owner of lessee thereof. Any person operating an ATV upon lands of another 'in violation of this section shall stop and identify himself upon the request of the land owner, his duly authorized representative or lessee, and, if requested to do so by said landowner, representative or lessee shall promptly remove said ATV from the premises. J (e) Failure and Refusal to comply. In any place at- any time failure or refusal to comply with any lawful order or direction of any police officer or other person duly empowered to enforce this local law. (f) No person shall operate an ATV within 100 feet of a dwelling between 9:00 p.m. and 6:00 a.m. , at a speed greater than minimum required to maintain forward movement of the ATV. (g) No person shall operate an ATV without a registration sticker or certificate. SECTION 5 EQUIPMENT. (a) No person shall operate an ATV unless it is equipped with: (1) (a) An adequate muffler system in good working condition. (b) Muffler sound standards should reflect federal standards as established in 40 Code of Federal Regulations. Part 205.166; sub Part E. All ATV' s shall be. equipped with a United States forest service approved spark arrestor. Unmodified manufacturers' original equipment in good working condition shall _ satisfy this requirement. (b) No person shall operate an ATV between one half hour before __' sunset-ind one h4f hour after sunrise without displayUM a headlWW and rear reflector. SECTION 6 . AGE OF OPERATOR. No person under the age of sixteen years shall operate an ATV except upon lands owned or leased by his parent or guardian, unless he is under the direct supervis' n of a person over eighteen years of age. SECTION 7 . OPERATION OF ATVs ON HIGHWAYS AND PUBLIC LANDS. No person shall operate an ATV on a town highway or municipal property except on those town highways or those areas of municipal property specifically designated for use by ATVs. SECTION 8. EXCEPTIONS. This local law shall not apply to police or emergency vehicles. SECTION 9 . PENALTY. (a) A failure to comply with the provisions of this local law shall be deemed a violation and the violater shall be subject to a fine not exceeding one hundred dollars. (b) The parent(s) , legal guardian, or other person haling custody of a person who is under the age of sixteen (16) years at 3 the time of the violation of this local law by such person under the age of sixteen (16) years, shall likewise be guilty of a violation, if after a hearing by a court of competent jurisdiction and after a determination that such violation occurred by such person under sixteen (16) years, and shall be subject to a fine not to exceed One Hundred and 00/100 ($100.00) Dollars. SECTION 10. ENFORCEMENT. The Warren County Sheriff's Department and the New York State Police shall enforce the provisions of this local law and the Town may appoint such other enforcement officers as may be necessary. SECTION 11. VALIDITY. , If any clause, sentence or provision of this local law shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the .remainder of this local law. SECTION 12 . This local law shall take effect upon its filing with the Office of the Secretary of State. r - 1 r (Complete the certification in the paragraph which applies to the filing of this local law and strife out the matter therein which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. ......A.........of 19....5 County City Queensbur of the T�: of...... ....................x... was duly passed by the..............T4�!�...��,1�5�............. .......................... (Name of Legislative Body) Village on.... ............ December IO 19A. in accordance with the applicable provisions of law. ................................ 2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer," or repassage after disapproval.) 1 hereby certify that the local law annexed hereto,designated as local law No.....................of 19........ County of the Town of......................................was dui passed b the Y P Y ........... Village .(Neme�of Legislattve•Body)•� not disapproved on.................................................19........ and was approved 1 by the ....................,.................................. repassed after disapproval Elective Chief Executive Officer and was deemed duly adopted on.........................................................19........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19......... County of the City of......................................was duly passed by the Town ...................................................................................... (Name of Legislative Body) Village not disapproved on...................................................19........ and was approved by the.. .................................. .......... ........ repassed after disapproval Elective Chief Ixecutive officer on......................................................................19........ Such local law was submitted to the people by reason of a mandatory referendum,and received the affirmative -vote of a majority of the qualified electors voting permissive general thereon at the special election held on.................... ....19........ , in accordance with the appli- annual cable provisions of law. 4. (Subject to permissive referendum,and final 44option because no valid petition filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19......... County of the City of.................. Town .................... was duly passed by the................................................................................ Village (Name of Legislative Body) not disapproved ...................................................... 19........ and was approved by the. .. ................. ... ... .:'bn repassed after disapproval Elective Chief Executive Officer ..............................:...............................19......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ••••.•••.•.•......•................................................... 19....... in accordance with the applicable provisions of law. •Ekctive Chief Executive Officer means or includes the chief executive offices of a county ekcted on a countywdde baste or,N there be pone,the chairman of the county legYlative body,the mayor of a city or viilape or the supervisor of a town, wrbere such officar k vaned with pow w to approve Or woo local lawn or orditunoea. Page 1 b 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........ of the City of..........................................................................having been submitted to referendum pursuant to the provisions of § 3736 of the Municipal home Rule Law,and having received the affirmative vote of a majority Y of the qualified electors of such city voting thereon at the special election held on .................................. general ................19............became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the County of ........................................I State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) W I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and pf the whole of such original local law, and was finally adopted in the, manner indicated in paragraph............................ above. Clerk of the County legislative body,City,Town or Village Clerk or officer designated by local legislative body Date; December 10, 1985 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of localjty.) STATE OF NEW YORK COUNTY OF..........war..ren....................... 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature . . t- Town Counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title Date: December 10, 1985 County City of Queensbury ............ .................. ....................... .. Village Page = (. � Cedil M the �J 0 f*Va - pEb411L ATPIWVW E atlM�wM��i� �� 00t' ALA lk. CHRSE,Y�C`r�IN CLERK . Bay d Rds To � R. D. Town Ofw `Biag•; UK*.P. dx or M.O.No.1 iCitV.gam,and 21P CO" a 1 1 Y S SENDER: Complete items 1,Z 3 and 4. Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to,you.The return receipt foe will provide. . you.the name of the parson delivered to and the date of delivery.Foradc(itional fees the following services are -eveilabl%Consult postmaster for fees and check box(es)= K for service(s)requested. a 1. ❑ Show to whom,date and address of delivery. $; 2. ❑ Restricted Delivery. 3. Article Addressed to: J11.41r` ( Gad p,} /►KC )Ass t3wE�l�s "'f"4 F Jr,#r6 t(•t, wAs/��N�To�r AvE 4. Type of Sorv; Article Number ❑��� j�registered Q msured O�'Certified ❑COD �} 7 ❑ Express Moil Always obtain signature.of-d-r -see;gLagm and D TE DEL YE S. Signature • . X G. Signatures—Assat X 7. Date of Molivery 8. A �. t sov S.Z7w� TOW" CLEO T4ice, Bldg-, ofNo.t tag. (CItY.State.dnd ZIP Cpdet -SENDER: Coulpleta items 1,2,3 and 4. Put your address in the"RETU RN TO"space on the reverse side.Failure to do this will prevent4l;4&card from being returned to you.The return receipt fee will pre ides,».. you the name of the on delivered to and the date of w delivery.For additional en the following services are available.Consult postmaster for fees and check box(es) K for service(s)requested. 1. ❑ Show to whom,date and address of delivery. 2. ❑ Restricted Delivery. 3. Article Addressed to: fl("Lt,tt•N Of �-t vKtGpA�.fiFi��flR.,S ' ��!'� OF AdOtT'f GaKTtlmL `Jfkf� of=Ftt-E 8+-nw � -8-f my, 4. Type of Serviw: Article Mun*w PIoostered ©mauled artified ❑COD 7 37 ❑ Express Nail Always obtain signature of addressee gLagent and DATE 6EUVERCQ. S. Signature—AiWrayey. X 6.`8 —Agent X NYS Department of State Bureau of State Records 162 Washington Avenue Albany, NY 12231 a .. Doanld A. Chase Town Clerk Town of Queensbury Bldg. , Bay & Haviland Rds. RD Ikl Glen Falls, NY 12801 m . . � Y 7 , Dater Dear Sir/Madam: Please be advised that Local Law(s)No. 5 of 1985 of the TownofQueembury was/were received and filed on 1ZT176785 { Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of State Records 383602-004(12/82)