[HISTORY: Adopted by the Town Board of the Town of Cortlandt 9-19-2023 by L.L. No. 8-2023. Amendments noted were applicable.]
The Supervisor and Town Board have noticed an increase in the
amount of people illegally riding ATVs, including, but not limited
to, quads and dirt bikes. The illegal use of ATVs can create quality
of life issues. The Supervisor and Town Board seek additional enforcement
mechanisms to protect the welfare of its residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall have the same definition found in § 2281 of the
Vehicle and Traffic Law.
Property not owned by the Town of Cortlandt or other governmental
entity or agency.
Property owned by the Town of Cortlandt or other governmental
entity or agency.
The following acts are prohibited:
A.
Riding an ATV on public property without the written consent of the
governmental entity that owns the public property.
B.
To operate an ATV on private property between 8:00 p.m. and 9:00
a.m. except for a legitimate business reason, necessary transport,
snow removal, emergency, or other nonrecreational purpose.
C.
To operate an ATV on private property without the consent of the
owner of the property.
D.
Fleeing from the employees of the Town of Cortlandt or a law enforcement
agency while operating an ATV.
E.
Operating an ATV within 300 feet of a residence except for a legitimate
business reason, necessary transport, yard work, snow removal, emergency,
agricultural, or other nonrecreational purpose.
F.
Operating an ATV in violation of any statutes, rules, or regulations
promulgated by the Department of Motor Vehicles.
Law enforcement officers are authorized to impound an ATV for
any violations of this chapter. Any person wishing to have an ATV
released from impoundment shall pay an impoundment release fee of
$250 and shall reimburse the Town and/or police agencies for any other
costs associated with the impoundment. No ATV shall be released from
impoundment during an active investigation unless the person requesting
the release obtains a court order requiring the release of the ATV.
A violation of any provision of this chapter shall be punishable
by a fine not to exceed $350 for a first offense, $700 for the second
offense, and $1,000 for each subsequent offense or by imprisonment
not to exceed 15 days, or both such fine and imprisonment. These fees
shall be in addition to any impoundment fee.
If any clause, sentence, paragraph, subdivision, or part of
this chapter, or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair, or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this chapter or in its application to the person, individual,
firm or corporation or circumstance directly involved in the controversy
in which such judgment or order shall be rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State.
