Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 6-4-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicular traffic on beaches — See Ch. 81.
Vehicles and traffic generally — See Ch. 207.

§ 209-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLE (ORV)
Any motor-driven off-road recreational vehicle capable of cross-country 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 multitrace or multiwheel drive, or low-pressure tire vehicle, a motorcycle or related two- or three-wheel vehicle, a motorbike or dirtbike, an amphibious machine, a ground effect air cushion vehicle or other vehicle which derives motive 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 or military purposes, a construction or logging vehicle used in performance of its common function or a registered aircraft.
PRIVATE PROPERTY
All property located within the Town of Babylon which does not constitute public property.
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 Town of Babylon, other political subdivision or agency or public authority thereof located within the Town of Babylon.

§ 209-2 Operation restricted.

No person shall operate an off-road vehicle on any roads, streets, public lands, parks or beaches or, in the case of private property, unless the operator has the express permission of the property owner to operate the vehicle on the property.

§ 209-3 Presumption of lack of consent.

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.

§ 209-4 Penalties for offenses.

[Amended 12-20-2006 by L.L. No. 43-2006]
A. 
A person or business entity who commits any acts in violation of this chapter shall be deemed to have committed an offense against this chapter and shall, upon conviction thereof, be subject to a fine or penalty of not less than $100 and not more than $500, or imprisonment for a period not exceeding 10 days, or both a fine and imprisonment, for a first offense; and for a second offense occurring within one year of the date of the first offense, a fine or penalty of not less than $500 nor more than $1,000, or imprisonment for a period not exceeding 20 days, or both a fine and imprisonment.
B. 
Any fine imposed under this section shall be in addition to and distinct from the redemption fee, and the payment of a fine imposed by the court cannot be applied to or credited against the payment of said redemption fee, or vice versa.

§ 209-5 Impoundment.

[Amended 12-20-2006 by L.L. No. 43-2006]
A. 
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 § 209-6 herein, may immediately impound any off-road vehicle operated in violation of this chapter. Such impounded vehicles shall be stored by the Department of Public Works. 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 $175 for impoundment and $25 per day for storage. No vehicle impounded under this chapter shall be released to the owner or operator without the payment of such redemption fee.
B. 
The owner of the vehicle shall be given notice by the Town Attorney's Office or the Department of Public Works that such vehicle has been impounded and that if the vehicle is not redeemed within 14 days of the date of the notice, same shall be deemed abandoned by the owner and sold at public auction. Such notice shall be mailed by certified or registered mail, return receipt requested, and addressed to the vehicle's owner at the last known address. The Department of Public Works shall make a reasonable search for the name and address of the owner by checking with the New York State Department of Motor Vehicles and/or with such other sources, if any, as the Department may deem advisable. If the owner cannot be determined after a search, such notice shall be posted on the official board of the Babylon Town Clerk and on the official board of the Department of Public Works for 14 days.
C. 
If the recreational vehicle is not redeemed and/or all fees and charges are not paid at the expiration of 14 days of the date of written notice or date of posting on the official boards of the Town, said property shall be deemed abandoned by the owner, and the Town Board may order the vehicle sold at public auction. The Director of Public Works, may, at his discretion, extend the time in which to redeem the vehicle or pay the fees and costs, upon good cause shown by an owner.

§ 209-6 Enforcement.

[Amended 12-20-2006 by L.L. No. 43-2006]
The provisions of this chapter shall be enforced by Public Safety Officers in the Department of Planning and Development, and/or by Bay Constables, Ordinance Inspectors, and/or Park Rangers.