[HISTORY: Adopted by the Town Board of the
Town of Deerpark 8-21-2006 by L.L. No. 5-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
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.
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.
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.
A.
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:
(1)
The crossing is made at approximate right angles to
the direction of traffic;
(2)
The machine is brought to a complete stop prior to
crossing;
(3)
The operator yields the right of way to all forms
of oncoming traffic; and
(4)
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No person shall operate an ATV or snowmobile on or
in any open waters, streams, or wetlands.
G.
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.
A.
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:
(1)
The identity of the owner/operator is unknown to the
officer.
(2)
The operator has no evidence of permission to operate
same on private property.
(3)
The operator is in violation of any portion of this
chapter.
(4)
The ATV or snowmobile was involved in an accident
causing personal injury or death while operated in violation of this
chapter.
(5)
The ATV or snowmobile operator is suspected of operation
of same under the influence of drugs or alcohol.
B.
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.
C.
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.
