Town of Wawayanda, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wawayanda 11-5-2009 by L.L. No. 6-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 180.

§ 44-1 Legislative intent.

The Town Board of the Town of Wawayanda hereby finds that the use of ATVs throughout the Town without regard for the rights of the property owners whose property is used for the operation of ATVs without the permission of said property owners, without regard for the noise, dirt and dust caused by the operation of ATVs, and in violation of this chapter creates a hazard and detriment to the health, safety and welfare of the residents of the Town and its property owners. Regulation of the use of ATVs within the Town will help protect residents and property owners. This chapter is intended to serve the foregoing purpose by prohibiting or regulating the use of ATVs in the Town of Wawayanda except in conformity with the provisions of this chapter and any rules and regulations promulgated hereunder.

§ 44-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ATV
Any all-terrain vehicle that is motor-propelled or contains a motor to assist in the operation of said vehicle, and which vehicles are commonly referred to as "dirt bikes," "minibikes," "trail bikes," "motorized sports bikes," "go-carts," all-terrain vehicles, "trikes," "quads," "snowmobiles," "dune buggies" and "golf carts" or similar names, which vehicles, by their nature and design or by law, are not intended to be used and operated along paved public roads and highways, but are intended to be operated in dirt, sand, grass, up and down hills, along trails and in similar type areas. ATV does not include lawn tractors, lawn mowers, farm machinery and battery-operated vehicles.
PRIVATE PROPERTY
All land and buildings in the Town of Wawayanda not included in the definition of "public property."
PUBLIC PROPERTY
Lands and buildings, including but not limited to lands held in fee ownership, easement ownership or lease, and including but not limited to parts owned or leased by the Town of Wawayanda, any school district, the County of Orange, the State of New York or any other governmental entity.

§ 44-3 Prohibited acts.

It is unlawful to operate an ATV within 200 feet of any residence, in the following manner:
A. 
In a careless, reckless, defiant or negligent manner so as to endanger the safety of any person or the property of any person.
B. 
In a repetitive or continuous manner that is disturbing and bothersome to nearby property owners, by reason of resulting noise, dust or other conditions arising from the operation of such vehicles.
C. 
In a manner which causes or otherwise results in the propulsion of sand, dirt, dust, rocks, gravel or other similar materials beyond a property boundary line.
D. 
Without an operable muffler to reduce the sound emitted from the vehicle at a noise level of 65 decibels or below at a property or street boundary line.
E. 
Between the hours of sunset and 7:00 a.m., prevailing time, except the residence of the operator or the operator's immediate family.

§ 44-4 Additional prohibited acts.

It shall be unlawful to operate an ATV:
A. 
Upon private property, other than that private property owned by the immediate family of the operator, without the written consent of all of the owners of such private property.
B. 
Upon public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife, or to destroy or damage crops or farm produce.
C. 
On or near any public roadway so as to cause operators of other motor vehicles to take evasive or irregular action to avoid danger of collision with an ATV.
D. 
Upon any property that is posted with a sign(s) prohibiting trespassing or ATV use.

§ 44-5 Enforcement.

A. 
This chapter shall be enforced by the Town of Wawayanda Code Enforcement Officer/Building Inspector and/or any other police agency with jurisdiction. The Town of Wawayanda Code Enforcement Officer/Building Inspector and/or any other police agency with jurisdiction shall have the authority to issue an appearance ticket.
B. 
A declaration signed by an owner of private property and filed with the Town Clerk or Police Department stating that operation of ATVs on property is not permitted or that such operation is a trespass shall be prima facie evidence of a violation of this chapter by any person operating an ATV on such property.

§ 44-6 Penalties for offenses.

A. 
A violation of this chapter shall be an offense. Upon conviction of an offense, the offender shall be subject to a fine not to exceed $250 for a first offense and $500 for a second offense and each subsequent offense committed within a twelve-month period measured from the date of the first offense. Each violation of any provision of this chapter shall be deemed a separate and distinct offense. A person may be charged with more than one offense and shall be subject to imposition of a fine for each such use.
B. 
Aggravated offense. It shall be an aggravated offense if the use of an ATV in violation of this chapter results in injury to any person, damage to crops or nursery stock and/or otherwise involves damage to agricultural business stock. The person found to have committed an aggravated offense shall be subject to doubling the fines set forth in this chapter.
C. 
Civil compromise. The Town Justice is empowered to approve and enter an order on consent as civil compromise between the Town and any person consenting to the imposition of a civil penalty in an amount not exceeding $500 per offense, and suspending prosecution until all conditions imposed in the civil compromise are completed by the defendant within the time frames established in the order.

§ 44-7 Exclusions.

This chapter shall not apply to the operation of ATVs in the regular course of a lawful business or to the operation of ATVs under circumstances regulated by any agency of the State of New York or to any ATV operated by a public official or public employee in his official capacity for a public purpose, including emergency service, police protection, fire protection and public works activity.

§ 44-8 Rules and regulations.

The Town Board is authorized to adopt rules and regulations, by resolution, to further implement the provisions of this chapter.

§ 44-9 Authority.

This chapter is enacted pursuant to the Municipal Home Rule Law. This chapter shall supersede any special law to the extent it is inconsistent with the same and to the extent permitted by the New York State Constitution, the Municipal Home Rule Law or any other applicable statute. This chapter shall supersede any inconsistent Town local law.