[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 6-21-1994 as L.L. No. 4-1994. Amendments noted where
applicable.]
This chapter is intended to amend the existing
Village ordinances and regulations which do not adequately address
the existence and illegal use and operation of off-road vehicles within
the Village of Lindenhurst. It is the purpose of this chapter to establish
regulations related to the use of such off-road vehicles on the public
and private property so as to protect the health, safety, welfare,
peace and repose of the residents of the Village and the general public.
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor-driven off-road recreational vehicle capable of
travel without benefit of a road or trail on or immediately over land,
snow, ice, marsh, swampland or other natural terrain, including but
not limited to a multi-trace or multi-wheel-drive or low-pressure
tire vehicle, a motor bike or dirt bike, an amphibious machine, a
ground-effect air cushion or other vehicle which derives motor power
from a source other than muscle or wind. An "off-road vehicle" shall
not include a registered snowmobile, a farm vehicle being used for
farming purposes, a vehicle used for fire, emergency, law enforcement,
military or municipal purposes, a construction or logging vehicle
used in performance of its common function or a registered aircraft.
All property located within the Village of Lindenhurst which
does not constitute public property.
All streets, sidewalks, easements or other areas dedicated
or commonly used by the public, as well as all lands in which title
is vested in the Village of Lindenhurst, other political subdivision
or agency or public authority thereof located within the Village of
Lindenhurst.
No person shall operate an off-road vehicle
on any roads, streets, public lands, parks, beaches, easements or
rights-of-way unless permitted by the New York State Vehicle and Traffic
Law. In the case of private property, no person shall operate an off-road
vehicle on any land unless the operator has the express permission
of the property owner to operate said vehicle on said private property.
There shall be a rebuttable presumption that
the operator of an off-road vehicle on private property lacks consent
to so operate the vehicle if the operator cannot produce written consent
from the property owner to operate said vehicle on said private property.
A.
Any person, firm, association or corporation who or
which shall violate any of the provisions of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable
by a fine not exceeding $250 or imprisonment for a period not to exceed
15 days, or both such fine and imprisonment.
B.
In addition to such fine, the defendant shall pay
all costs and expenses incurred by the Village in determining such
violation.
C.
Each violation of this chapter shall constitute disorderly
conduct, and every person violating the same shall be a disorderly
person. The foregoing shall be in addition to all other remedies available
under the law.
In addition to other provisions of this chapter, the state, county or local police or law enforcement agencies who shall enforce the provisions herein, including those specified in § 183-7 herein, may immediately impound any off-road vehicle operated in violation of this chapter. Such impounded vehicles shall be stored by the Village or its agents. The owner of the off-road vehicle so impounded may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $50 for storage and impoundment plus any actual towing charges. No vehicle impounded under this chapter shall be released to the owner or operator without the payment of such redemption fee.
The provisions of this chapter shall be enforced
by state or county police, ordinance enforcement officers, marina
attendants and any other person designated by the Village Board of
Trustees.
