[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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
All land and buildings in the Town of Wawayanda not included
in the definition of "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.
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.
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.
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.
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.
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.
The Town Board is authorized to adopt rules and regulations,
by resolution, to further implement the provisions of this chapter.
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.
