[HISTORY: Adopted by the Town Board of the Town of Deerpark 8-21-2006 by L.L. No. 5-2006. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 196.
The Town Board of the Town of Deerpark recognizes the potential adverse impact caused by the misuse of all-terrain vehicles and snowmobiles and; therefore, deems it appropriate to control their use in a manner compatible with the health, safety and general welfare of the residents of the Town and to property within the Town as set forth herein.
For the purposes of this chapter, the following terms are defined as follows:
- To be within a reasonable distance of the person accompanied, as to be able to communicate by direct conversation (not phone or other communications device) and direct their actions.
- ALL-TERRAIN VEHICLE or ATV
- Any self-propelled vehicle manufactured for operation primarily on off-highway trails or in off-highway competitions and which is only incidentally operated on public highways, provided that such vehicle does not exceed 60 inches in width or 800 pounds dry weight. Included within such definition are vehicles commonly referred to as dirt bikes, minibikes, go-carts, dune buggies, trail bikes and mopeds.
- That portion of a highway immediately adjacent to the side of a roadway, customarily used for emergency travel or parking.
- Any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.
- The Town of Deerpark, New York.
- TOWN PROPERTY
- All land owned or leased by the Town of Deerpark, including Town highways and roads, trails and parklands, and any private land over which the Town of Deerpark possesses an easement.
All all-terrain vehicles must be registered and permitted as required under Article 48-B of the Vehicle and Traffic Law of the State of New York.
It shall be unlawful to operate an ATV or snowmobile upon any Town property, as defined herein.
It shall be unlawful to operate an ATV or snowmobile upon private property within the Town unless the operator of the vehicle possesses and presents written permission of the owner of the property to operate said vehicle on said property.
Snowmobiles and all-terrain vehicles shall not be operated on state, county or Town highways, including the shoulders thereof, in the Town of Deerpark except for the express purpose of crossing said highways for the purpose of accessing approved trails or private lands, provided:
The crossing is made at approximate right angles to the direction of traffic;
The machine is brought to a complete stop prior to crossing;
The operator yields the right of way to all forms of oncoming traffic; and
If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are lighted.
Emergencies. When authorized or directed by the Supervisor in a declared emergency, or emergency situation, a snowmobile or all-terrain vehicle may be operated on the affected portions of Town, county or state highway for the purpose of a special emergency.
Police and emergency personnel. The provisions of this chapter shall not apply to the operation of a snowmobile or ATV by a police officer, fire fighter, or other such emergency personnel or government employee in the conduct of his or her official duties.
The use and operation of snowmobiles and all-terrain vehicles is prohibited within any Town park or playground and any public land within the Town, except where posted for such use, or by resolution of the Town Board, and then only in conformance with the terms and conditions stated for such use.
No person shall operate a snowmobile or ATV for sport or recreational use within 200 feet of any dwelling between the hours of 9:30 p.m. and 6:00 a.m.
No person under the age of 16 years shall operate an ATV or snowmobile except upon lands owned or leased by their parent or guardian, with the exception of persons 10 to 16 years of age who have received safety training as prescribed by the State of New York and can show such certificate of completion, and are accompanied by said parent or guardian.
It shall be unlawful for any person to operate, and any owner thereof to permit to be operated, a snowmobile or ATV on any street or public land or public place in the Town where permitted, unless the owner or operator of such machine is insured against public liability and carries proof of such insurance. Such proof shall be promptly displayed by the owner/operator upon request to any law enforcement officer or to any person who has suffered or claims to have suffered either personal injury or damage to property as a result of the operation of such machine by said owner/operator. The failure to produce such proof shall be presumptive evidence of operating the machine without insurance against public liability.
The operator of an ATV or snowmobile shall wear a helmet upon their head and goggles or face shields upon their face, such as approved by the Department of Motor Vehicles of the State of New York.
No person operating an ATV or snowmobile shall carry any other person on it except in a place designated for such purpose and equipped for such person.
No person shall operate an ATV or snowmobile on or in any open waters, streams, or wetlands.
No person shall operate an ATV or snowmobile in violation of regulations of the Department of Motor Vehicles of the State of New York. Should DMV require registration or licensing of such machine, then it shall be unlawful to operate said machine without proper licensing and registration.
For any violation of the terms of this chapter, prohibited acts, and conditions of use, the offender shall be liable for a penalty not to exceed $250 for each separate item and incident in violation of this chapter.
In addition to the penalties set forth in this chapter, a police officer or peace officer may immediately impound or cause to be removed the ATV or snowmobile if:
The identity of the owner/operator is unknown to the officer.
The operator has no evidence of permission to operate same on private property.
The operator is in violation of any portion of this chapter.
The ATV or snowmobile was involved in an accident causing personal injury or death while operated in violation of this chapter.
The ATV or snowmobile operator is suspected of operation of same under the influence of drugs or alcohol.
The period of impoundment for the ATV or snowmobile shall be for such period of time as is necessary for police purposes, which shall include the use of the machine for identification in any court action. Any person wishing to have an ATV or snowmobile released from impoundment must make motion before the appropriate court, and said ATV or snowmobile shall only be released upon court order. Upon said order, the ATV or snowmobile shall be released upon payment of any and all impoundment fees to the proper authority.
In the case of a second or subsequent violation by the same person, the court may order the confiscation of said ATV or snowmobile in lieu of any fine and/or imprisonment. Any ATV or snowmobile which is confiscated pursuant to this section will be sold at public auction according to the appropriate procedures and law affecting public auctions by a municipality.
Nothing herein shall prohibit or excuse the obligation of individuals to comply with the provisions of the Vehicle and Traffic Law of the State of New York regarding the vehicles and operation of same herein.