The above By-laws/ Land use Rules are for chapter only and must be upheld at all time
Along with the NYTRO Inc. main By-laws
NCATV04212010v
The New York Trail Riders Organization, Inc.
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1
The New York Trail Riders Organization, Incorporated
“ATV and Dirt Bike Organization”
PO Box 2 Macedon, NY 14502
315-986-0966
BYLAWS
Including:
•
Mission Statements
•
Background
•
Chapter Requirements and Operating Procedures
•
Chapter Membership Outline
•
Chapter Membership Benefits
•
Code of Ethics
•
Land Use
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INTRODUCTION
NYTRO Inc. is a nonprofit organization of off-highway recreationalists dedicated to
procuring and protecting public and private lands though the promotion of safety, education
and environmental conservation. Emphasis is placed on the responsible use of off-highway
vehicles, using low impact land use principals applicable to off-highway recreational
activities.
VISION:
To obtain off-highway vehicle (OHV) trails in our target area and across New York State.
PURPOSE:
To form a network of OHV enthusiasts and supporters to positively promote and
strengthen OHV interests in New York State and to form a partnership with our state OHV
organization, NYSORVA, and with state agencies and officials responsible for trail
development.
•
Promote a positive image of the sport.
•
Create a statewide network of NYTRO chapters.
•
Create a statewide communications network.
•
Provide reference materials in club management, community benefit activities, resources
development, OHV safety and many others.
•
Develop partnerships with local land managers and private individuals to help them
recognize the importance of OHV recreational use.
•
Ensure that all NYTRO members are aware of safety precautions and rules and make
possible the opportunity for members to attend a certified OHV safety course.
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Mission Statement
NYTRO's mission is: to stimulate and advance the general welfare and safety of off
highway vehicle (OHV) recreation; to promote the safe and responsible use of
OHVs; to serve the interests of off highway vehicle enthusiasts; to foster a positive
public image for OHV recreation; to defend enthusiasts against discriminatory
legislation and regulation; to stimulate the development of OHV trail systems on
public and private lands; to develop a fraternal spirit among OHV enthusiasts and
affiliated clubs of NYTRO; to exchange information among members; and to
perform all desirable and lawful functions for the successful operation of the club.
NYTRO has been a leader in the New York off road community since 1992. We provide
our members with access to riding areas around the state, the most informative off road
newsletter in the state, and discounts at many businesses.
NYTRO is a founding member of the New York State Off Highway Recreational Vehicle
Association, Inc., (NYSORVA) established in 1993. NYTRO is also a chartered club of the
American Motorcyclist Association (AMA) and ATVA; a supporting member of the
National Off Highway Vehicle Conservation Council (NOHVCC); Blue Ribbon Coalition,
and Tread Lightly.
The NYTRO philosophy is now, and always will be, trail access through safety, education,
conservation and legislation. We will continue to lobby for the reinstatement of our trail
construction and maintenance fund. This fund, created in 1985 through the registration
process, was abolished in the early 90's by former Governor Mario Cuomo, and to date, it is
estimated that millions of dollars have been diverted to the general fund. We need dedicated
members and enthusiasts to help us overturn this prejudicial decision. Join NYTRO and
offer a helping hand, we both will be glad that you did. Access our club information at
www.nytroatv.org
.
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Club History Background - NYTRO Inc.
NYTRO was founded in Fredonia, NY, back in 1992 by a handful of off road enthusiasts
who were tired of losing their riding areas. We knew way back then that we must concentrate
on the "big picture" and not just today's fun and activities.
In 1994 we grew to a size that required that we expand into chapters to adequately cover
more area and assist riders in a more timely and convenient manner. We then split into
NYTRO of Fredonia and NYTRO of Buffalo. We continued that way until 1996 with the
adoption of NYTRO of Rochester. As we grew, we experienced some growing pains and
suffered some losses. We reorganized and set forth to spread the word across the state.
We did this by collaborating with dealers and worked out a program for discounts for our
members. Dealers spread the word for us by passing out brochures to their customers. Soon
we were on our way.
During this time we built our website which has been instrumental in our growth. We
receive hundreds of emails weekly and many new applicants every month. For many of these
people who had nowhere to ride or anyone to ride with, NYTRO has provided a necessary
outlet for their needs.
Soon we started to receive requests for chapter status from new or existing clubs. We aided
in the revitalization of the North Country ATV Association, based just outside of Albany,
which became NYTRO of Porter Corners in late 1997.
At this time we decided to rename the chapters to NYTRO of Western NY, NYTRO of
Central NY and NYTRO of Eastern NY. This made it easier for prospective members to
find NYTRO by region rather than by city.
As we forged ahead, we found the need for a chapter in the Southern Tier and tried
unsuccessfully at first to find interested people to take the lead on forming a new chapter.
Finally in 1999 a few brave souls emerged and another chapter was formed. NYTRO of the
Southern Tier, based out of Elmira, has been a great addition to our organization and has
taken a positive role in the off road activity in the Southern Tier.
In 2000 we added another chapter in the Watertown area, calling itself NYTRO of Northern
NY. There is a hotbed of activity up in that region and we want to assist in making a positive
influence in the region. We were very fortunate to have a couple of enthusiasts with vast
experience in off road and on road riding, volunteer to take on the startup of this chapter.
In 2001, we added three new chapters: NYTRO Northwestern, NYTRO Mohawk Valley
and NYTRO Genesee Valley. At the present time, these chapters are closed due to lack of
member participation.
What’s in store for the future of NYTRO? Remember that a club is much like a chain, in
that it is only as strong as its weakest link. Become a part of what is going on, join in, attend
meetings, work parties, fun rides and activities, and meet some really great people.
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BY-LAWS
Article I – Purpose
Section 1.
The purpose of the New York Trail Riders Organization, Inc. is to stimulate and
advance the general welfare and safety of off highway vehicle (OHV) recreation; to promote
the safe and responsible use of OHVs; to serve the interests of off highway vehicle
enthusiasts; to foster a positive public image for OHV recreation; to defend enthusiasts
against discriminatory legislation and regulation; to stimulate the development of OHV trail
systems on public and private lands; to develop a fraternal spirit among OHV enthusiasts
and among affiliated clubs of NYTRO; to exchange information among members; and to
perform all desirable and lawful functions for the successful operation of the club.
Article II – Membership
Section 1.
Membership in NYTRO Inc. shall consist of Individual Chapters.
Section 2.
A Corporate (non-voting) Membership is available at $100.00/year.
Section 3.
Each Chapter will decide on a vote, and then one Board member will carry that
vote to NYTRO Inc. Any Chapter in default of yearly membership dues to NYTRO Inc. or
in arrears of the payment shall not be entitled to vote.
Section 4.
Applications for Chapter membership shall be made to the Secretary of NYTRO
Inc. The Secretary shall refer applications to the board for consideration and approval before
payment of Chapter membership dues.
Section 5.
A Chapter may resign from NYTRO Inc. with a 30 day written notice. No refund
of dues will be paid.
Section 6.
Membership in NYTRO Inc. may be terminated by a majority vote of the Board
of Directors in the event of nonpayment of dues or for good cause shown. Termination
shall not release said chapter from the obligation to pay all dues and other amounts owed to
the end of the period of membership. Membership may be terminated for gross misconduct.
This may include but not be limited to violation of the bylaws.
Article III – Management
Section 1.
Management of NYTRO Inc. shall be vested in the Board of Directors.
Article IV – Board of Directors
Section 1.
The Board of Directors shall be comprised of members of good standing and
voted upon by the entire voting membership in accordance with Article IV, Section 2 of
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these bylaws. The board will consist of an Executive Director, Assistant Director, Secretary,
Treasurer and a Delegate from each chapter. Provisions will be allotted for the position of a
legislative officer if the need arises.
Section 2.
The Board of Directors shall be elected at the Annual Board Meeting for a term
of one year. At said meeting nominations will be held; at which time a ballot will be prepared
and all members in good standing present at said meeting will participate in said electoral
vote as covered in Article IX.
Section 3.
The Board of Directors may, at its discretion, appoint an Executive Committee
of the Board to act in its stead in emergencies. The Executive Director may appoint
committees, fill any vacancies or change the membership in club committees and shall serve
as ex-officio member of all committees. The Board of Directors shall have the power to
create or abolish any committee.
Section 4.
The Executive Director of NYTRO Inc. shall cast an additional vote in the event
of a tie.
Article V – Yearly Dues
Section 1.
Each Chapter shall be assessed yearly non-refundable Chapter dues at a rate to be
determined by the Board of Directors. Currently set at $150.00, due in October of each
calendar year.
Article VI – Officers
Section 1.
Officers of NYTRO Inc. shall be Executive Director, Assistant Director,
Secretary and Treasurer. Any officer may hold multiple positions.
Section 2.
Officers shall be elected by plurality vote at the annual meeting. Vacancies
occurring between such elections may be filled for the unexpired term by the Board of
Directors at any board meeting or by mail ballot as determined by the Board of Directors.
Any officer may be removed from office by affirmative vote of two-thirds of the
membership.
Section 3.
All officers shall take office immediately upon election and hold office for one
year or until their successors shall have been elected and qualified.
Section 4.
The Executive Director shall preside at all meetings of NYTRO Inc., shall
oversee and coordinate such committees as are authorized by the Board of Directors, shall
be a member ex-officio of all such committees and shall fulfil any responsibilities assigned to
him or her by the Bylaws or by the Board of Directors.
Section 5.
The Assistant Director, during the absence or temporary incapacity of the
Executive Director, shall perform the duties and have the powers of the Executive Director.
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Section 6.
The Secretary shall keep all NYTRO Inc. records, except financial records,
including minutes of meetings, roster of members, and lists of committees and their
members. He or she shall send out notices of meetings, receive applications for membership,
and perform all of the usual secretarial functions of the office required herein or by the
Board. The Secretary shall maintain a mailing address for NYTRO Inc. and direct incoming
correspondence to the appropriate official. The Secretary may delegate such responsibilities
as deemed appropriate.
Section 7.
The Treasurer shall keep all financial records of NYTRO Inc. and have charge of
its funds. He or she shall keep all NYTRO Inc. funds in a bank approved by the Board of
Directors and in the name of NYTRO Inc. He or she shall disburse such funds under the
direction of the Board of Directors. Withdrawals shall be made by checks signed in such a
manner as may be approved by the Board of Directors. A treasurer’s report shall be
prepared for each Board of Directors meeting. The approved method is each check must
have two signatures, one from the Treasurer and one from an additional board member.
Section 8.
All officers shall have such other powers and duties as required.
Article VII – Fiscal Year
Section 1.
The fiscal year of NYTRO Inc. shall commence on the first day of October and
end on the last day of September, one year later.
Article VIII – Meetings
Section 1.
The annual meeting shall be held at a time and place designated by the Board of
Directors. Notice of the time and place of the annual meeting shall be sent to each member
on the Board no later than fourteen calendar days prior to the meeting. Delegates from each
chapter will be required to attend said meeting as required to represent their respective
chapters.
Section 2.
Regular meetings of the Board of Directors shall be held at the time and place
fixed by resolution at the previous meeting – or as otherwise designated by the Board.
Section 3.
A majority of the Board members present at a properly called meeting shall
constitute a quorum. Any formal action taken at any meeting of the membership shall
require a majority vote of those active members present.
Article IX – Election Procedures
Section 1.
Elections will be held at the annual meeting. Nominations will be taken from the
floor and positions shall be put the vote of the membership at the annual meeting.
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Article X – Amendments
Section 1.
These bylaws may be amended by a majority vote of the Board of Directors.
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Chapter Requirements and Operating Procedures
Section 1.
Membership in the chapter shall consist of the following categories:
1.
Individual Member - Chapters will determine the membership fees charged in their
respective chapters.
2.
Family Membership - Chapters will determine the membership fees charged in their
respective chapters. Members may include immediate family members residing in the
same household consisting of a spouse, or spouses, and dependent children who are
under the age of eighteen. Provisions will also be made for the inclusion of a significant
other, active military personnel or college student(s) as cases arise. A parent or guardian
MUST accompany family members under the age of 16 at all times. Written signature of
parent or guardian is required in order for underage members to participate in events
and/or activities.
3.
Sponsor Membership – Members may include businesses or organizations with an
interest in the club and OHV recreation. NO FEES will be charged to said organizations
under the stipulation that discount opportunities will be made available to members in
good standing. No riding or voting privileges are included in a Sponsor’s Membership.
Newsletters will be provided as a free service to discount sponsors.
4. Chapters must conform to Standard Operating Procedures brought forth by the Board
of Directors of the New York Trail Riders Organization, Inc. and conduct business
under the provisions set forth by the Chapter’s bylaws. Although situations are different
in each chapter, the basic premise of safety, education and conservation of the
environment, which the Chapter promotes, must be met and adhered to.
5. Chapters are required to pay a yearly fee for the use of the NYTRO name and the
affiliations associated with it. The fee is one hundred and fifty dollars (US$150.00) and is
due in October of each calendar year.
6. Chapters must use the “NYTRO” acronym as a surname such as “NYTRO of Western
NY” in all documents and official club mailings and handouts. Official documents must
contain the phrase, “A division of the New York Trail Riders Organization, Inc.” and
must do business under the rights, rules, and obligations set forth by our incorporation
status as a not for profit organization.
7. Chapters must maintain a full management staff at all times. These positions should be
voted upon yearly at an annual meeting. If a position becomes vacant, it may be
necessary to appoint a replacement until an election can be held. Officers will not be
required to pay yearly dues,
after their first full year of membership, as long as they serving as
an officer. This will include, but not be limited to President, Vice President, and
Secretary/Treasurer. If a chapter is unable to maintain chapter officers and management,
the chapter will revert to the direction of NYTRO Inc. for reorganization. All funds and
assets will be placed in escrow for up to two years while new chapter officers are
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appointed. If, after two years, the chapter cannot maintain officers and management, all
funds and assets will be placed in NYTRO, Inc.’s general fund.
8. Chapters will send out approved brochures, documents and applications to dealers,
prospective members and any other contacts. These documents must contain all
pertinent information about all NYTRO chapters and include a current mailing address
for each. Variations to the artwork and documents may be brought in front of the Board
of Directors for approval. We also suggest that you obtain a post office box for a
uniform address. Approximate cost is $60.00 to $80.00 per year.
9. Chapters must receive and process all applications for their respective areas. Applications
are dated, and membership numbers assigned as they arrive. They must also be marked
as paid with all info including check number and amount paid. Payment must be made
by check. We request that you do not accept cash for membership payment unless
absolutely necessary.
10. All membership dues collected will remain in the respective chapter. All dues owed by
the chapter will be the sole responsibility of that chapter.
11. Chapters are required to submit articles and information about their chapter for the
newsletter each month. A one or two-sided sheet per month to be delivered by a
specified deadline (currently the 25
th of the month preceding publication). This will assist
in the speedy delivery of information to our members. This may be done by mail or
more conveniently by email to
nytroatvny@aol.com. The deadline for submissions is
the 25th of every month to allow printing and delivery by the first/second week of the
following month.
12. Each chapter will be required to maintain their own membership database for the
newsletter mailing. Membership databases should be sent to
pgburns@gmail.com on a
regular basis. Each chapter will be billed for the printing and mailing of their newsletter
copies.
13. Chapters may purchase insurance through NYTRO Inc. at their own discretion.
14. Chapters may hold events and activities to benefit their respective chapter. Open
invitations to all members must be placed in the club newsletter as soon as possible to
allow members to plan on attending. Any profits made will be the sole property of said
chapter. We suggest that you consider picking a worthwhile charity to donate a portion
of the proceeds. This shows community support and will assist in future operations of
the club.
15. Chapters holding AMA events must be arranged well in advance with the AMA.
Scheduling for AMA sanctioned events takes place at the yearly sanction meeting in late
November or early December of the preceding year. Risk management seminars are
provided at this time. It is an AMA requirement that the risk management seminar be
taken at least once every two years in order to hold a sanctioned AMA event.
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16. The Board of Directors will set division boundaries in conjunction with requests and
recommendations by said division. Amendments may be made in writing to the BOD
and will be voted on at the annual meeting.
17. All new subdivision requests must be voted on and approved by 2/3 of the Board of
Directors. All new subdivision affiliates will receive official subdivision status within 60
days. This will be subject to existing conditions and evaluations of current situations. A
review of subdivision activities, participation, and adaptation of NYTRO bylaws will be
done at this time. Non-conformity to NYTRO rules and regulations will be addressed in
writing to said subdivision and a request for reasoning will be required. Certain situations
in different regions of the state will be addressed and modifications of the standard
operation procedures or bylaws will be addressed at that time.
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Chapter Membership Outline
•
Membership is open to all responsible off road enthusiasts. A parent or guardian must
accompany those under the age of 16 when using NYTRO trail systems.
•
Membership is divided into three categories; the first being an INDIVIDUAL
membership, the second being a FAMILY membership and the third is a SPONSOR
membership.
•
Membership dues will be collected by a designated officer of each individual chapter at
the current rate agreed upon by the chapter.
•
Membership dues must be kept current to utilize NYTRO privileges and discounts, and
to be able to participate in any scheduled club event or activity.
•
Membership renewals are due yearly according to each chapter’s guidelines.
•
NYTRO suggests that all members take a certified ATV/dirt bike safety course.
NYTRO has certified safety instructors who may be able to provide discount classes for
NYTRO members and their families who have not had the opportunity to attend classes
provided when purchasing a new off road vehicle.
•
NYTRO requires that NO ALCOHOLIC BEVERAGES be served or consumed to/by
members until they have completed their riding for the day during club
scheduled/sponsored events. Non compliance of this rule will lead to possible expulsion
of the club. Members must comply with NYTRO rider safety code rules.
•
NYTRO Inc., NYTRO individual chapters, and their Board of Directors, reserve the
right to expel any member for gross misconduct.
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Membership Benefits
•
New members receive a membership kit when they enroll in the club. This kit includes
all the essentials necessary to get off to a great start in the NYTRO world of off highway
vehicle recreation. The following list contains many of these benefits:
1. Monthly newsletter which will keep members up-to-date on all aspects of the club. The
articles include a letter from the presidents of all individual chapters, a current list of all
discount sponsors, current list of all known activities and runs, information on what’s
happening on the state level, and much, much, more.
2. Dealer Discount Program which will give you a discount on parts and accessories. Some
dealers give discounts on machines as well. Call the dealer of your choice for the
discounts available with your NYTRO membership.
3. Representation on the state level through NYTRO’s affiliation with The New York State
Off-highway Vehicle Association (NYSORVA). This statewide association of ATV and
dirt bike clubs has worked very hard to establish strong ties with the governor’s office,
police agencies, and the Department of Environmental Conservation, of which has
signed an agreement recognizing NYSORVA as the only “Official” Off Highway
Vehicle association in New York State.
4. Membership card, which will get you your discount at participating dealerships across
New York State and in Northern Pennsylvania.
5. Family Gatherings, Picnics, Holiday Parties, Adopt-a-Highway projects, charitable
events, out-of-state riding excursions and much more.
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ATV RIDER’S CODE of ETHICS
The ATV Rider’s Code is nothing more than a list of common sense rules which we as
safety conscious off-roaders must learn to abide by. These few rules will help to create a
more positive image for the ATV community. Members should be constantly reminded of
these few things through direct contact, newsletters and club meetings.
•
Know Your Owner’s Manual
•
Always Wear Your Helmet
•
Ride Off Road Only, Never on Public Roads unless they have
been designated for ATV use
•
Never Carry Passengers unless your ATV has been specifically
designed for it
•
Always Supervise Young Riders
•
Ride Straight - No Alcohol or Drugs
•
Get Qualified Safety Training
•
Ride Within Your Skills
•
Check Your ATV Before You Ride
•
Protect Your Eyes and Body
•
Ride with Others - Never Alone
•
Respect Riding Area Rules
•
Keep Noise Levels Down
•
Preserve the Environment
•
Be Courteous to Other Trail Users
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LAND USE
Section 1 - Managed Lands
(a) Arrangement for parcels of land to be managed by NYTRO Inc. and/or its affiliate
chapters will be made by each individual chapter’s Board of Directors. Considerations
for approved lands will include but not be limited to: parking availability; amount of
possible miles of trails; proximity of trails to adjoining properties; objections to use by
inhabitants of adjoining properties; difficulty of terrain; limitations of use directed by
landowners; and cost of easement/lease of said lands.
(b) All members using lands managed by NYTRO Inc. and /or its affiliate chapters must
possess a valid ATV registration and a minimum liability insurance policy, which must
remain in effect during the duration of the membership term.
(c) Any member wishing to use said managed lands must obtain a NYTRO Land Use
Permit sticker. The member’s home chapter may have stickers available; otherwise they
can be obtained from the managing chapter. There may be a fee that is collected over
and above the membership fees and is good for the membership year.
(NOTE: For lands which require a lease agreement and fees owed exceed fees collected,
said affiliate chapter may require a fee greater than that set aside for land use on most
NYTRO managed lands. For example, NYTRO Eastern NY leases their riding area at
great expense. Members from other chapters wishing to ride there may do so with
permission, on a limited basis.)
Members must contact the managing chapter to arrange access.
(d) All NYTRO members are requested to participate in trail construction and maintenance
workdays.
(e) All lands managed by NYTRO Inc. and its affiliate chapters will close for the duration of
deer hunting season. The Landowner will set trail closure dates. This season usually runs
from mid October until late December. NYTRO members are not allowed to use these
lands at this time. Winter riding is allowed after the season ends.
(f) Rules and regulations detailed in the NYTRO Land Use Policy must be strictly adhered
to. Violations of the land use policy will result in the termination of the permit for land
use. Gross misconduct resulting from the violation of said policy may result in the
termination of NYTRO membership as outlined in Article II, Section 6, of the NYTRO
Inc. bylaws.