Barking and Howling Dogs
Chapter 109, ANIMALS
[HISTORY: Adopted by the Town Board of the Town of Niagara 10-3-1979 by L.L. No. 5-1979. Amendments noted where applicable.]
§ 109-1. Running at large.
A. Prohibited acts; exception.
(1) No person owning, possessing, harboring or having care of, custody, control or charge of a dog shall allow, suffer or permit the same to run at large off the owner's premises, whether or not licensed, unless such dog be restrained by a leash, except as provided in Subsection A(2) hereof.
(2) A dog, while accompanied by its owner, or while accompanied be a person having the lawful care, custody, control or charge of such dog, and while such owner or person having the lawful care, custody, control or charge of such dog is actively and lawfully engaged in the act of hunting, or actively and lawfully engaged in the training of such dog to hunt, or lawfully using such dog to train other dogs, may be allowed, suffered or permitted to run at large without a leash upon lands where hunting is lawful.
(3) The provisions of this section shall apply notwithstanding the owner of such dog or the person charged with having the care, custody, control or charge of such dog or the person charged with possessing or harboring of such dog had no actual knowledge or notice of the violation of this section, and in all cases, mistake, inadvertence and excusable neglect shall not be a defense to the action prescribed in Subsection C hereof, nor shall it be a defense to the seizure of such dog as prescribed by Subsection B hereof.
(4) Any person invoking Subsection A(2) hereof as a defense to any act or action brought pursuant to this chapter shall bear the burden of proof as to any issue raised thereby, and said burden of proof shall be carried by a fair preponderance of the believable evidence.
B. Seizure of dogs found at large. Any peace officer, constable, Dog Control Officer of the Town of Niagara, or other person authorized to do so under the provisions or Article 7 of the Agriculture and Markets Law of the State of New York, shall seize any dog found at large in violation of Subsection A of this section. Such dog shall thereafter be cared for and disposed of in accordance with the provisions of § 118 of the Agriculture and Markets Law of the State of New York.EN
C. Penalties for offenses. The violation of this section is hereby designated as an offense against this chapter; any person violating the same shall forfeit and pay a civil penalty of $25 for the first offense and $100 for each and every subsequent offense, which penalty may be recovered by civil action on the part of and in the name of the Town of Niagara. [Amended 7-9-1991 by L.L. No. 5-1991]
§ 109-2. Application for license.
A. The Town Clerk is authorized to accept applications in the form prescribed by § 109 of the New York State Agriculture and Markets Law and, in the case of a spayed or neutered dog, every application shall be accompanied by a certificate of a licensed veterinarian or an affidavit signed by the owner stating that the dog has been spayed or neutered. The application for licensing purebred dogs shall conform to the provisions for the licensing of purebred dogs as contained in Article 7 of the New York State Agriculture and Markets Law. Said application shall be accompanied by the license fee prescribed by § 110 of the New York State Agriculture and Markets Law and such additional license fees as the town imposes hereunder.
B. In the event that the State Commissioner of Health issues an order pursuant to Article 7 of the New York State Agriculture and Markets Law requiring dogs that are six months of age or over, and are harbored within Niagara County, be vaccinated to prevent rabies, the Town Clerk at the time of issuing any license pursuant to this chapter shall require the applicant to show proof that the dog or dogs have been vaccinated to prevent rabies or, in lieu thereof, a statement certified by a licensed veterinarian stating that, because of the old age or other reason, the life of the dog or dogs would be endangered by the administration of such a vaccine. Such statement shall be filed with the Commissioner of Health by the Town Clerk as provided by § 109 of the Agriculture and Markets Law of the State of New York.
§ 109-3. License fees.
A. The annual license fee for each dog licensed under this chapter shall be as provided under § 110 of the Agriculture and Markets Law of the State of New York, and, in addition thereto, the town hereby imposes an additional annual fee as follows: [Amended 6-20-2000 by L.L. No. 2-2000]
(1) For each spayed or neutered dog: $3.
(2) For each unspayed or unneutered dog: $3.
B. The additional annual fee imposed by the town for each purebred license issued pursuant to Subdivision 4 of § 110, Article 7 of the Agricultural and Markets Law shall be:
(1) Five dollars if no more than 10 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the owner's premises at the time of the application.
(2) Five dollars if no more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the premises at the time of application or;
(3) Ten dollars if more than 25 registered purebred dogs or purebred dogs eligible for registration over the age of six months are harbored on the premises at the time of application.
C. Guide dogs, hearing dogs, war dogs or police work dogs shall be exempt as provided in § 110, Subdivision 3, of the Agriculture and Markets Law of the State of New York. [Amended 5-19-1998 by L.L. No. 3-1998]
D. The additional fees imposed by the Town of Niagara shall be used for controlling dogs in the enforcement of this chapter or any local law adopted pursuant to Article 7 of the Agriculture and Markets Law and for the use of subsidizing a facility or provide services for the appointment of a humane society to perform the functions of a Dog Control Officer within the Town of Niagara.
§ 109-4. Dog Control Officers.
The Supervisor may enter into a contract in lieu of appointment of a Dog Control Officer for related services with any incorporated humane society-dog protective association, and such contract shall be ratified by the Town Board; said contract may provide for pound or shelter services and spaying and neutering facilities. Any such contract shall provide that when any animal is presented at a facility for alteration that a notarized statement signed by the owner consenting to such alteration be provided, and such statement shall hold the town its agents, servants or employees harmless for any damages.
§ 109-5. Impoundment fees. [Amended 7-9-1991 by L.L. No. 5-1991EN]
In accordance with § 118 of the Agriculture and Markets Law, the Town of Niagara hereby imposes impoundment fees as set from time to time by resolution of the Town Board which shall be collected by the Town Clerk prior to the release of the dog.
§ 109-6. Confinement of dogs.
The Supervisor, in his or her discretion, may order that all dogs in the town be confined between sunset and one hour after sunrise during a period of time by the order of the Supervisor or until such order is revoked. Notice of such order shall be given by publication in a newspaper of general circulation in the town and by filing a copy of the order in the office of the Town Clerk.
§ 109-7. Barking and howling dogs.
A. No person owning, harboring or keeping any dog or dogs shall suffer or permit such dog to disturb the peace and quiet of the neighborhood by barking, howling or making other loud or unusual noises for 10 or more continuous minutes.
B. Any person who owns, harbors or keeps any dog who is barking, howling or making other loud or unusual noises at any time of the day or night shall impound said dog in the owner's or keeper's home or residence. Failure of any person to impound said dog upon the request of a police officer is a violation of this chapter. Any person violating this section shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.EN
§ 109-8. Penalties for offenses.
Penalties for violation of this chapter, in addition to what is specifically defined, shall be as provided in § 119 of the New York State Agriculture and Markets Law, and all fines collected by the town shall become the property of the town.
[HISTORY: Adopted by the Town Board of the Town of Niagara 11-9-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
§ 130-1. Curfew. [Amended 1-19-1999 by L.L. No. 1-1999]
No minor, as herein defined, shall remain in or upon any public place in the Town of Niagara between the hours of 9:00 p.m. and 6:00 a.m. local time from September 1 through May 31, or between the hours of 10:00 p.m. and 6:00 a.m. local time from June 1 through August 31, unless such minor is accompanied by a parent, guardian or other person having the legal custody or control of such minor, or unless the activity of the minor is within an exception contained in § 130-3 of this chapter.
§ 130-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
MINOR -- Any person under the age of 18 years.
PROPERLY SUPERVISED -- That a given activity is being sponsored by a school, religious, civic or other responsible organization, that the activity will be adequately supervised by one or more adults, and that notice of the activity, its hours, location and of the fact that minors will be in attendance has been given to the Chief of Police of the Town of Niagara. An activity is properly supervised only so long as it complies with the description of the event provided the Chief of Police in said notice.
PUBLIC PLACE -- Any street, alley, highway, sidewalk, park, playground or place to which the general public has access, for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, dance hall, pool room, shopping center and any other place devoted to business, amusement or entertainment activities for the general public, together with all adjacent or proximate areas thereto.
§ 130-3. Exemptions.
The provisions of this chapter shall not apply to a minor in the following situations:
A. During the hours of gainful employment or while in transit between the minor's residence and the place of said employment.
B. During the hours of attendance as a bona fide student at a school of evening instruction or while in transit between the minor's residence and the place of said instruction.
C. During the hours of attendance at a properly supervised function, social event or recreational program or while in transit between the minor's residence and the place of said function, event or program.
D. While in the possession of a permit made, signed and dated, in ink, by the parent, guardian or person having legal custody or control of such minor and stating a reasonably necessary purpose for which the minor is being permitted out of the home, so long as the minor is acting within the necessary purpose provided for in the permit.
E. Any minor who is married or who has been married.EN
F. Any minor who is involved in an emergency.EN
G. Any minor who is on a sidewalk abutting his or her residence or at a next-door neighbor.EN
§ 130-4. Parent or guardian responsible.
It shall be unlawful for any parent, guardian or other adult person having legal care, custody or control of a minor to allow or permit said minor to go or be in or upon any public place in the Town of Niagara in violation of § 130-1 of this chapter. Whenever a minor engages in activity prohibited by this chapter, it shall be presumed that the parent, guardian or other adult person having legal care, custody or control of such minor allowed or permitted the minor's prohibited activity.
§ 130-5. Owners of public places responsible.
It shall be unlawful for any person, firm or corporation operating or controlling any public place within the Town of Niagara to knowingly permit the presence of minors in violation of § 130-1 of this chapter.
§ 130-6. Penalties for offenses.
A. Any minor, or any parent, guardian or other adult person, or any owner of a public place violating any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment.
B. In addition to such penalties, any minor persistently violating this chapter may be referred to the New York State Family Court for a determination as to whether such minor is a person in need of supervision or be subject to any sanctions said Court may impose.
[HISTORY: Adopted by the Town Board of the Town of Niagara 1-16-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
§ 151-1. Firearms prohibited; exceptions.
A. No firearm or other dangerous weapon of any kind may be discharged within the Town of Niagara, except that nothing in this chapter shall prohibit the use of a bow in accordance with a valid New York State hunting license.
B. This chapter shall not apply to law enforcement officers lawfully engaged in law enforcement duties.EN
§ 151-2. Definitions. EN
As used in this chapter, the following terms shall have the meanings indicated:
FIREARM -- Includes a shotgun, air gun, air pistol, spring gun or rifle, rifles and pistols of any caliber or any implement which impels with force a pellet or single projectile of any kind (i.e., bow and arrow, slingshot, crossbow, etc.).
§ 151-3. Penalties for offenses.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a maximum fine of $1,000 or by a term of imprisonment of not more than one year, or both such fine and imprisonment.
Peddling & Soliciting
[HISTORY: Adopted by the Town Board of the Town of Niagara 12-14-1976 by L.L. No. 3-1976. Amendments noted where applicable.]
Streets and sidewalks -- See Ch. 212.
§ 187-1. Purpose.
This chapter is enacted for the purpose of regulating itinerant merchandising in order that the peace, health, safety, welfare and good order of the Town of Niagara and the inhabitants thereof shall not be endangered or unduly disturbed.
§ 187-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS -- A permanent building, store or depository in which or where the person transacts business and deals in products or services he or she merchandises in the ordinary and regular course of business.
A. Selling, bartering or trading;
B. Offering to sell, barter or trade; or
C. Taking or offering to take orders for any goods, wares, commodities or services.
PEDDLER AND SOLICITOR -- Any person who engages in merchandising in any public street or public place or by going from house to house or place of business to place of business or by temporarily occupying a room, building, structure or other premises therefor, including but not limited to those persons commonly known as "peddlers," "solicitors," "hucksters," "hawkers," "canvassers" or "itinerant merchandisers" or "vendors."
PERSON -- Any individual, firm, partnership, corporation or association and the principal and agent thereof.
ROADSIDE STANDS[Added 6-20-2000 by L.L. No. 1-2000] -- Any temporary structure, device, truck, trailer or any vehicle placed or parked or located for the purpose of selling home-grown agricultural products, or any other product, at retail or wholesale to the general public.
A. Such roadside stand shall be located in a location as approved by the Town Clerk, which stand shall be placed to encourage safety and discourage traffic congestion. The construction shall comply with all local laws and ordinances applicable.
B. No portion of the stand, or any accessory use of land, shall be closer than 35 feet to the paved highway or road.
C. Parking spaces for no less than three vehicles shall be maintained in connection with such a roadside stand in a manner which is easily discernable from or by an approaching motorist; the parking area shall be located at least a minimum of 10 feet from the paved road or highway.
TEMPORARILY OCCUPYING -- To occupy any enclosure or premises for the purpose of merchandising with the intent to merchandise at said enclosure or premises:
A. Only so long as it takes to sell, barter or trade the merchandise or products therein housed initially without the intent to replenish or restock such merchandise or products; or
B. For a period of less than 30 days.
TOWN -- The Town of Niagara, New York.
§ 187-3. License required.
It shall be unlawful for any person to act as a peddler or solicitor, as herein defined, except in conformity with the provisions of this chapter and without first having obtained and paid for and having in force and effect a license issued to said person as provided for herein.
§ 187-4. Exemptions.
A. The provisions of this chapter shall not apply to the following: [Amended 6-20-2000 by L.L. No. 1-2000]
(1) Any person soliciting at the express invitation of the person solicited or serving an established customer.
(2) A wholesaler selling articles to dealers or merchants who have an established place of business within the town.
(3) Any person merchandising daily newspapers.
(4) Any resident of the town while engaged in merchandising on his or her own property.
(5) The following children and members of organizations, provided that the provisions of this exception shall only be applicable to said persons while peddling or soliciting in connection with an authorized activity of the organization of which they are members or the school which they attend.
(a) A child attending any public or private school located within the town.
(b) A child residing in the town and attending any public or private school within or without the town.
(c) A representative of any established church maintaining a place of worship within the town.
(d) A member of a veteran's organization, volunteer fire department, fraternal organization or civic group, provided that such organization, department or group has and maintains a chapter, post, lodge, camp or other local organization within the town,
(6) Auction sales held pursuant to law by a sheriff or other officer authorized by law to conduct such sale.
B. This chapter shall not apply so as to interfere unlawfully with interstate commerce.
§ 187-5. Application for license. [Amended 6-20-2000 by L.L. No. 1-2000]
Every applicant for a license is required to submit to the Town Clerk a nonrefundable application fee in an amount as set forth from time to time by resolution of the Town Board to cover the cost of investigation and a written and signed application supplying, under oath, the following information:
A. Name of applicant.
B. Applicant's permanent home address.
C. Applicant's local address, if any.
D. Name, address and written authorization of the firm represented by applicant, if any.
E. Length of time for which the license is desired.
F. Description of goods, wares, commodities or services to be offered for sale, together with a true invoice of their quantity, quality and value.
G. Present location and place of origin of the goods, wares or commodities.
H. The area within the town where applicant intends to conduct his or her business.
I. A statement as to whether or not the applicant has been convicted of any offense against the law or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
J. Dates of prior applications for licenses by applicant and outcome of such applications.
K. A description and license plate number of any vehicle sought to be used while engaged in the licensed activity.
L. Proof of accuracy of any scale or measure sought to be used in the licensed activity.
M. A photograph, two inches by two inches, taken within 60 days of the date of the application for such license. Such photograph shall show head, full face and shoulders of applicant and shall be submitted in triplicate. One copy of the photograph shall be attached to the application, one copy shall be attached to the license if granted and the third shall be delivered to the Chief of Police of the town.
N. A fingerprint impression of the fingers and thumbs on both hands taken by the Police Department of the town. Such fingerprint impression shall be attached to the photograph delivered to the Chief of Police and remain on file in the Town Police Headquarters.
§ 187-6. Investigation of applicant.
After the applicant has submitted to the Town Clerk the application, the Town Clerk shall deliver the application to the Chief of Police of the town. The Chief of Police shall then cause such investigation of the applicant's business and moral character as he or she deems necessary for the protection of the public good. The results of such investigation, along with the Police Chief's recommendations for approval or denial of the application, shall be noted on the application or attached thereto. The application with such additions shall be returned to the Town Clerk within 10 days after the Town Clerk delivers the application to the Chief of Police.
§ 187-7. Granting or denial of license.
Upon the return of the application from the Chief of Police, the Town Clerk shall, after reviewing the findings and recommendations of the Chief of Police, determine whether to grant or deny a license to the applicant as the Town Clerk deems necessary for the protection of the public good.
A. If the Town Clerk determines that a license should be granted, the Town Clerk shall collect the license fee and receive an instrument of authorization and, unless determined otherwise, a bond in the amount specified herein from the applicant. The Town Clerk shall then issue a license to the applicant, specifying the particular business authorized, the location wherein it may be conducted, the date the license expires, the license fee paid, whether a measuring device is to be used, whether a motor vehicle is to be used and any special authorizations granted or other limitations. The Town Clerk shall also attach a photo of the applicant to the license.
B. If the Town Clerk determines that the application for a license should be denied, the Town Clerk shall notify the applicant of the denial. Such notification shall be sent by regular mail to the permanent address supplied by the applicant in his or her application. A hearing upon such a denial shall, upon the applicant's valid request, be held as provided in § 187-15 herein.
§ 187-8. License fee. EN
In addition to the nonrefundable application fee, there shall be a license fee for all licenses issued hereunder to be fixed as set forth from time to time by resolution of the Town Board.
§ 187-9. Bond.
A. Prior to the issuance of a license, every applicant for a license must furnish the Town Clerk with a surety bond in the amount of $1,000 in favor of the town and insuring the applicant's full compliance with all the laws and ordinances of the town and guaranteeing the payment of all fines, judgments and costs recovered by the town against the applicant. Such bond shall be executed by the applicant and a corporate surety regularly doing surety business in the State of New York and shall be approved by the Town Attorney.
B. In the event that the Town Clerk specifically determines that the requirement of a bond is unnecessary for the protection of the public, the Town Clerk may issue a license without requiring a bond.
§ 187-10. Instrument of authorization.
Before any applicant shall be issued a license, such applicant shall submit to the Town Clerk an instrument nominating and appointing the Town Clerk of the Town of Niagara his or her true and lawful agent with full power and authority to accept service of process for and on behalf of the applicant in respect to any matters arising out of the activity required to be licensed. In the event that, pursuant to said instrument of authorization, process is served on the Town Clerk, the Town Clerk shall send to the licensee, by registered mail, a copy of said process to the permanent address supplied by the applicant in his or her application.
§ 187-11. Recordation of licenses.
The Town Clerk shall keep a record of all the applications for licenses, noting thereon whether granted or denied, the amount of fee paid, the date, if any, of revocation and attaching thereto any necessary bond and instrument of authorization.
§ 187-12. License terms and conditions.
All licenses shall expire one year from the date of issuance, except that a license issued for a shorter period than one year shall expire at the expiration of the period for which it is issued. All licenses shall be nontransferable and shall be in the continuous possession of the licensee while engaged in the business licensed. A licensed peddler or solicitor shall:
A. Produce his or her license upon the demand of any person.
B. Not willfully misstate the quantity or quality of any article offered for sale.
C. Not offer for sale any article of an unwholesome or defective nature.
D. Not call attention to his or her goods or services by, personally or through the use of another person, blowing a horn, by ringing a bell other than a house doorbell, by shouting, crying or using sound amplification equipment or by any loud or unusual noise.
E. Keep the vehicle, premises and receptacles used by him or her in the furtherance of his or her licensed business in a sound, clean and sanitary condition.
F. Keep his or her edible articles offered for sale well protected from dirt, dust and insects.
G. Not operate his or her business so as to cause a nuisance.
H. Not stand or permit any vehicle used by him or her to stand in one place in any public place or street for more than 10 minutes or in front of or adjacent to any private premises if the owner of occupier thereof objects.
I. Not create or maintain any booth or stand, or place any barrels, boxes, crates or other obstructions, upon the street or public place for the purpose of merchandising.
J. Leave any premises used for merchandising in a clean and safe condition upon the completion of his or her merchandising on such premises.
K. Not engage in any licensed activity between sunset and 9:00 a.m. local time without special authorization from the Town Clerk. Any such special authorization is effective only to the extent that it has been specified by the Town Clerk on the license.
§ 187-13. Duty of police to enforce.
It shall be the duty of any police officer of the town to:
A. Require any person seen acting as a peddler or solicitor and who is not known to such officer to be duly licensed to produce his or her peddling and soliciting license.
B. Enforce the provisions of this chapter against any person found to be violating the same.
§ 187-14. Revocation of license.
A license may be summarily revoked by the Town Clerk by reason of a violation of the terms and conditions of the license, the violation of any municipal ordinance or state or federal statute or falsification in applying for a license. Written notice of such revocation specifying the grounds of complaint shall be personally served upon the licensee or mailed by regular mail to the permanent address given in licensee's application. Said revocation shall be effective when the notice of revocation and an affidavit of service are filed in the Town Clerk's office. A hearing upon the revocation of the license shall be granted the licensee, if said licensee shall request such a hearing as hereinafter provided.
§ 187-15. Appeal hearing.
In the event of the denial of a license, or the revocation of a license, the applicant or licensee may request an appeal hearing within a period of 14 days after such denial or revocation. Such request shall be in writing and shall specify the grounds for disputing the determination of the Town Clerk and shall be made to the Town Board of the town and filed with the Town Clerk within the fourteen-day period provided for herein. At the time of filing such request, the Town Clerk shall inform the appellant by reasonable means of the place and time at which such appeal will be heard. The Town Board shall hear such appeal of the determination of the Town Clerk at the next regularly scheduled meeting of said Town Board following the filing of the request for an appeal hearing with the Town Clerk. The Town Board may grant or reinstate a license for the person requesting review if it should determine that the refusal or revocation on the part of the Town Clerk was arbitrary or otherwise in error. If the Town Board shall determine the action of the Town Clerk to have not been arbitrary or not otherwise in error, the Board shall refuse to grant or reinstate such license. The decision on any hearing shall be rendered by the Town Board within 45 days after the hearing thereof and shall be entered in the minutes of the Town Board.
§ 187-16. Penalties for offenses.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine of $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute for each day the offense is continued, a separate and distinct offense hereunder. In the event that the town recovers any fine or judgment against a licensee of this chapter for a violation of any law or ordinance of the town, such fine or judgment shall be collectable by the town directly from the corporate surety executing the subject licensee's surety bond.
Off Road Vehicles
Off Road Vehicles
Chapter 233, VEHICLES, OFF-ROAD
[HISTORY: Adopted by the Town Board of the Town of Niagara 4-9-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
Vehicles and traffic -- See Ch. 237.
§ 233-1. Intent.
The purpose of this chapter is to protect the public health, welfare, safety, peace and tranquility by regulating the operation of motorcycles, limited use motorcycles, snowmobiles and limited use off-road vehicles within the Town of Niagara. It is also the purpose of this chapter to prevent those who wish to operate and use motorcycles, limited use motorcycles, snowmobiles and limited use off-road vehicles from trespassing on public or private property in the Town of Niagara, from annoying any person or persons and from creating a public nuisance.
§ 233-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
LIMITED USE MOTORCYCLE -- An unenclosed limited use vehicle having two, three or four wheels (a quad) 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 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 as defined in § 123 of the Vehicle and Traffic Law.
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 as defined by § 21.05, Subdivision 3, of the Parks and Recreation Law.
§ 233-3. Restrictions.
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 private lands of another person within the Town of Niagara 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. However, there shall be an exception to the requirement of the necessity for written permission where there are properly marked trails, in which case it shall be presumed permission has been obtained from the owner, and there shall be no written permission necessary.
B. The following are prohibited within the Town of Niagara at all times:
(1) The operation of any motorcycle, limited use motorcycle, snowmobile or limited use off-road 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 500 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 Town of Niagara except as provided by local law. This shall not be construed to prohibit lawful operation of vehicles on public streets or thoroughfares.
§ 233-4. Exceptions.
A. Section 233-3 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.
§ 233-5. Penalties for offenses.
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.
§ 233-6. Impoundment; confiscation.
A. Notwithstanding § 233-5, any enforcement officer of the Town of Niagara, Niagara County Sheriff's Department or New York State Police who shall encounter any person operating a motorcycle, limited use motorcycle, snowmobile or limited use off-road vehicle in violation of this chapter may impound said vehicle and shall place said vehicle in a location designated by the Town of Niagara Police Department, and such vehicle may be reclaimed by the owner of such vehicle upon payment of expenses and charges necessary and actually incurred by the removal of said vehicle. If the owner of said vehicle is a minor under the age of 18 years, then the parent or guardian of said infant shall accompany the infant on the date the vehicle is picked up and expenses and charges are paid.EN
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. (Minimum bid should reflect cost and penalties to date.)
§ 233-7. Enforcement.
The Town of Niagara Police Department, Niagara County Sheriff's Department and the New York State Police shall enforce the provisions of this chapter.