[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 7-16-2007 by L.L. No. 1-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 200.
Vehicles and traffic — See Ch. 227.
Impoundment of vehicles — See Ch. 231.
[1]
Editor's Note: This local law was adopted
as Ch. 139 but was renumbered to maintain the alphabetical structure
of the Code.
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
and all-terrain vehicles on the Village of Haverstraw streets and
places in the Village in a manner compatible with the use of such
streets for vehicular and pedestrian travel and other uses and which
will promote the safe and proper use of snowmobiles and all-terrain
vehicles and minimize detrimental effects of such use on the peace
and quiet of Village residents and the environment.
For the purpose of this chapter, the words and
phrases used herein are defined as follows:
To be within a reasonable distance of the person accompanied.
Any self-propelled vehicle manufactured for operation primarily
on off-highway trails or in off-highway competitions and 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 with two, three or
four wheels.
That portion of a highway immediately adjacent to the right
side of a roadway, customarily used for emergency travel and 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 Village of Haverstraw, New York.
Snowmobiles and all-terrain vehicles shall not
be operated in the Village of Haverstraw except:
A.
Emergencies. When authorized or directed by the Mayor,
a snowmobile may be operated on the affected portions of Village streets
for the purpose of a special emergency as authorized by Subdivision
2 of § 25.05 of the Parks, Recreation and Historic Preservation
Law.
B.
When specifically authorized by resolution of the
Village Board of Trustees and then only in conformance with the terms
and conditions stated for such use.
C.
On the property of the owner of the ATV or snowmobile
or on the premises of a duly authorized ATV or snowmobile dealer or
repair shop. When operated on an ATV or snowmobile owner's property
or the business premises of any ATV or snowmobile dealer or repair
shop, such vehicle shall not be operated at a speed greater than the
minimum required to maintain forward movement and continued revving
of ATV or snowmobile engines in neutral gear is strictly prohibited.
The use and operation of snowmobiles and ATVs
is prohibited within any Village park or playground and any public
land in the Village of Haverstraw, except where posted for such use
by resolution of the Village Board, and then only in conformance with
the terms and conditions stated for such use.
Whenever the operation of a snowmobile or ATV
is permitted on the shoulder of any Village street or portion thereof
as provided by the New York State Parks, Recreation and Historic Preservation
Law and the New York State Vehicle and Traffic Law or upon any Village
or public land when so designated by the Village, the following additional
conditions and restrictions are hereby imposed on all such operation
unless further modified by the Village Board:
A.
Hours of operation. No person shall operate a snowmobile
or an ATV within 1,000 feet of a dwelling between the hours of 9:00
p.m. and 10:00 a.m.
B.
Age of operators on Village streets. No person under
the age of 16 years shall operate a snowmobile or an ATV on any Village
street or public property, except a youthful operator between the
ages of 10 years and 16 years when accompanied by and under the control
and supervision of a parent or legal guardian, and in such event such
youthful operator must possess a New York State snowmobile or ATV
safety certificate, as applicable.
C.
Operation of snowmobiles and ATVs on private property. No snowmobile or ATV shall be operated upon the private property of another without prior written consent filed with the Town of Haverstraw Police Department of the owner thereof. Any person operating a snowmobile or ATV upon the lands of another in violation of this subsection shall stop and identify himself upon the request of the police, the owner of the property or his duly authorized representative and, if requested to do so by said landowner, representative or police officer, shall promptly remove said snowmobile or ATV from the premises or face penalties listed in §§ 189-9 and 189-10 hereof.
D.
Unattended snowmobiles and ATVs. It shall be unlawful
for any owner or operator to permit any snowmobile or ATV to be left
unattended on any Village street or public property while the motor
is running or with the key for starting left in the ignition or other
accessible position on the vehicle.
E.
Speed limit. No person shall operate a snowmobile
or ATV on any Village street at a speed in excess of 10 miles per
hour.
F.
Obedience to traffic controls. Each person operating
a snowmobile or ATV on any Village highway or street shall observe
strictly all vehicular traffic signs and signals and all other rules
and regulations applicable to vehicular traffic and shall obey the
orders and directions of any state or local police officer or other
law enforcement officer authorized to direct or regulate traffic.
G.
Stopping at certain intersections. It shall be unlawful
for any person to operate a snowmobile or ATV into or through an intersection
of streets or highways which is not controlled by a traffic control
device without first bringing the vehicle to a complete stop and granting
the right-of-way to pedestrians and all other traffic.
H.
Position on road. It shall be unlawful to operate
a snowmobile or ATV on a public street or highway in the Village in
any other manner than single file and as near to the right-hand curb
or snowbank as practicable.
I.
Direction of operation. No person shall operate a
snowmobile or ATV within the streets or highway rights-of-way of the
Village except on the right side of such right-of-way and in the same
direction as the traffic. Permitted operation on other public places
shall be only in the direction, if any, marked by appropriate route
direction markers.
J.
Pleasure operating prohibited. Other than on any routes
for snowmobile or ATV use which may be designated hereafter by resolution
of the Village Board, no person shall operate a snowmobile or ATV
on a Village street except for the purpose of gaining access to permitted
snowmobile or ATV trails within or without the Village.
K.
Sidewalks. The use and operation of a snowmobile or
ATV on any public sidewalk or right-of-way reserved only to pedestrians
is strictly prohibited, except to cross it at approximately right
angles to gain access to property upon which operation is lawful.
The right-of-way, during such crossing, is granted to pedestrians.
No snowmobile or ATV shall be operated within
the Village unless it is equipped as specified in Article 25 of the
Parks, Recreation and Historic Preservation Law and Article 48-C of
the Vehicle and Traffic Law, respectively, requiring proper brakes,
muffler, head- and taillights and other items.
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 Village unless
the owner or operator of such machine is insured against public liability
and carries with him proof of financial responsibility in the manner
prescribed by the Office of Parks and Recreation and of the minimum
amount as provided in the Parks, Recreation and Historic Preservation
Law of the State of New York. Such proof shall be displayed by the
owner or operator of any snowmobile or ATV, 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 vehicle by any such owner or operator. The
failure to produce such proof shall be presumptive evidence of operating
the vehicle without insurance against public liability.
No parent or guardian shall authorize or knowingly
permit his child or ward, if under 16 years of age, to operate a snowmobile
or ATV in violation of any provision of this chapter or any rules
and regulations promulgated hereunder.
[Amended 10-17-2022 by L.L. No. 3-2022]
Failure to comply with §§ 189-3, 189-4 or 189-5 of this chapter shall constitute a violation, which charge shall be a petty offense or infraction, and not a crime, and shall be punishable by a fine of $1,000 for a first offense; and $2,500 for any subsequent offense. The parent or legal guardian, other than a state or legal Social Services Department foster parent having custody, of any unemancipated person under the age of 18 years of age found guilty of a violation of this chapter shall be responsible for the payment of the fine imposed by a court of competent jurisdiction for such violation. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years of age. The continuation or repeat of a violation of, or failure to comply with, any provision of this chapter shall constitute, for each occurrence that transpires or each day on which the violation continues, a separate and distinct charge hereunder.
In addition to the penalties set forth in § 189-9 of this chapter, a police officer or peace officer may immediately impound an ATV operated in violation of § 189-3, 189-4 or 189-5 of this chapter. Such impounded ATV shall be stored by the pertinent police department or enforcement agency pending the identification of the owner and notice of such impoundment. The law enforcement agency shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the ATV utilized in violation of this chapter may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $250. Such impounded ATV may only be released to the owner of the ATV or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
