Town of Huntington, NY Chapter 193 Recreational Vehicles

[HISTORY: Adopted by the Town Board of the Town of Huntington 7-9-1985 by Ord. No. 85-CE-11. Amendments noted where applicable.]

§ 193-1 Legislative findings.

The Town of Huntington recognizes that in order to provide for the health, safety and general welfare of the people of the Town of Huntington, certain regulations and restrictions must exist on the use of recreational vehicles for the purpose of protecting both the residents of the Town of Huntington and the property located within the Town of Huntington.

§ 193-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PROPERTY

Any land, improved or unimproved, situated within the borders of the Town of Huntington whether publicly or privately owned.

RECREATIONAL VEHICLE

Any motorized means of transport upon land capable of operating without the benefit of a road or trail. Such vehicles shall include, but are not limited to, dirtbikes, minibikes, all-terrain vehicles (ATV's), utility task vehicles (UTV's), motorbikes, and snowmobiles except golf carts, riding lawn mowers, motorized or battery powered ride-on toy vehicles or scooters, and any vehicle or piece of equipment used solely for agricultural purposes.

[Amended 9-14-2021 by L.L. No. 48-2021]

§ 193-3 Operation prohibited upon public streets and lands; operation upon private property.

A. No recreational vehicle shall be operated upon the public streets, highways, sidewalks, roads, beaches, parks and other public lands within the Town of Huntington.

[Amended 9-14-2021 by L.L. No. 48-2021]

B. No recreational vehicles shall be operated upon any private property without the express written permission of the owner and occupant of the property upon which the vehicle was or is being operated. Said written permission must be in the actual possession of the person operating a recreational vehicle at all times that he is present on private property operating a recreation vehicle.

C. Nothing in this chapter shall prohibit a licensed operator from operating a duly registered vehicle on the public roadways of the Town of Huntington in accordance with the Vehicle and Traffic Law of New York State and other laws applicable to the operation of motorized vehicles.

D. Hours of operation.

[Added 9-14-2021 by L.L. No. 48-2021]

(1) The operation of any recreational vehicle on private, residentially-zoned property during the following days and times shall be deemed a noise disturbance:

(a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; and

(b) Saturdays prior to 9:00 a.m. or after 5:00 p.m.; and

(c) Sundays or holidays.

(d) A recreational vehicle shall only be operated for two (2) hours per day on weekdays and one (1) hour on Saturdays.

(2) Exemption: The provisions of this chapter shall not apply to the operation of any recreational vehicle on private, residentially-zoned property while engaged in snow removal activities.

§ 193-4 Lack of authorization to create presumption.

When a person is operating a recreational vehicle on private property and fails, upon request, to exhibit written authorization for said operation as required by § 193-3B of this chapter, there shall be created a rebuttable presumption that the recreational vehicle is being operated without the consent of the property owner and occupant on whose property said vehicle is being operated.

§ 193-5 Impoundment of vehicles.

[Amended 10-13-2004 by L.L. No. 29-2004]

A. If a recreational vehicle is being operated in violation of this chapter, the state, county or local police or law enforcement agencies responsible for enforcing this chapter, or town personnel authorized to enforce the Town Code may, in addition to other penalties provided in this chapter, immediately impound the recreational vehicle. Any person or business entity who resists, obstructs or impedes enforcement personnel in the removal process shall be in violation of this chapter and subject to the fines and penalties provided herein.

B. Impounded vehicles shall be stored by the Department of Public Safety. A recreational vehicle may be redeemed by the owner only upon proof of ownership in a form satisfactory to the Department of Public Safety, and upon the payment by cash, certified or bank check, or money order of a redemption fee of one hundred seventy-five dollars ($175.) to reimburse the Town for the cost of removing and transporting the vehicle, and such other costs as are incidental thereto. An additional storage fee of ten dollars ($10.) for each day or part thereof the vehicle remains at the impound facility shall be due and payable at the time the vehicle is redeemed by the owner.

C. The owner of the vehicle shall be given notice by the Department of Public Safety that such vehicle has been impounded and that if the vehicle is not redeemed within fourteen (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 Safety 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 in the official board of the Huntington Town Clerk and in the official board of the Department of Public Safety for fourteen (14) days.

D. If the recreational vehicle is not redeemed and/or all fees and charges are not paid at the expiration of fourteen (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 Safety, 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.

§ 193-6 Impound facilities.

[Added 10-13-2004 by L.L. No. 29-2004]

No person shall enter an impound facility owned, maintained and/or operated by the Town of Huntington, and no person shall remove or tamper with any recreational vehicle stored thereat without the prior approval and/or consent of the Department of Public Safety or other authorized town official.

§ 193-7 Penalties for Violations.

[Amended 10-13-2004 by L.L. No. 29-2004; 9-20-2011 by L.L. No. 24-2011; 11-6-2019 by L.L. No. 56-2019][1]

A. A person or business entity who commits any acts in violation of this chapter, except § 193-3(D), shall upon conviction, be guilty of a misdemeanor punishable by a fine of not less than five hundred ($500) dollars, nor more than five thousand ($5,000) dollars, or imprisonment not to exceed six (6) months or both. Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein.

[Amended 9-14-2021 by L.L. No. 48-2021]

B. Any person, firm or corporation who violates § 193-3(D) of this Chapter, upon conviction thereof, shall be punished by a fine of not less than one hundred ($100) dollars nor more than two hundred fifty ($250) dollars for a first offense, by a fine not less than two hundred fifty ($250) dollars and not more than one thousand ($1,000) dollars for a second offense committed within five (5) years of the first offense, and by a fine of not less than one thousand ($1,000) dollars and not more than five thousand ($5,000) dollars for a third or subsequent offense committed within five (5) years of the first offense. Any person or entity found by the Bureau of Administrative Adjudication to have violated a provision of § 193-3(D) shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses, respectively.

[Added 9-14-2021 by L.L. No. 48-2021[2]]

[2] Editor's Note: This local law also redesignated former Subsection B as Subsection C.

C. Any fine or penalty 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 or the payment of a penalty imposed by the Bureau of Administrative Adjudication cannot be applied to or credited against the payment of said redemption fee, or vice-versa.

[1] Editor's Note: This local law also repealed former § 193-7, Notification to parent or guardian of violation.

§ 193-8 Enforcement.

This chapter and its provisions shall be enforced by the Police Department of New York State or Suffolk County and/or by employees of the Town of Huntington responsible for security or for enforcement of the ordinances and codes.[1]

[1] Editor's Note: Former § 193-9, Severability, and former § 193-10, When effective, which immediately followed this section, were repealed 10-13-2004 by L.L. No. 29-2004.