The Village Board of the Village of Islandia recognizes the potential
adverse impact on the health, safety and general welfare of the residents
of the village and to property within the village by the use of off-road vehicles
and, therefore, deems it appropriate to control the use of said vehicles.
As used in this chapter, the following terms shall have the meanings
indicated:
OFF-ROAD VEHICLE
Any motorcycle or motor vehicle not equipped in conformity for registration
under § 401, § 410 or § 2261 of the Vehicle
and Traffic Law, including but not limited to vehicles manufactured for operation
primarily on off-highway trails or for off-highway competition. This definition
shall not include farm equipment used and operated for agricultural purposes,
snowmobiles or police, fire or safety vehicles used and operated in an official
capacity.
PUBLIC PROPERTY
All streets, sidewalks, parks, playgrounds, parking facilities or
any other areas dedicated or commonly used by the public.
It shall be unlawful to operate an off-road vehicle upon any public
property within the Village of Islandia unless otherwise permitted by law.
It shall be unlawful to operate an unregistered, limited-use motor vehicle
upon private property without the express consent of the owner of said property
to operate said vehicle at that time and place.
The holder of an off-road vehicle permit shall be strictly responsible
for the use and operation of the vehicle by any persons under 16 years of
age, and any summons for the illegal operation of the vehicle by a person
under 16 years of age shall be issued to the permit holder. It shall be an
affirmative defense to this section that the vehicle was stolen, and such
theft reported to the Police Department, at the time of illegal operation.
Should any section or portion of this chapter be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of off-road vehicles, then, in that instance, said laws of the
State of New York shall prevail.
Any permit holder, as defined in §
167-7, or any operator committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.