[HISTORY: Adopted by the Board of Trustees of the Village of Islandia
during codification; see Ch. 1, General Provisions, Art. II. Amendments noted
where applicable.]
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:
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.
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.
A.
The failure of the operator of an off-road vehicle to
produce or display written consent of the owner of the private property on
which he is operating shall be presumptive evidence that the operator does
not have the consent of the owner to operate said vehicle on said private
property.
B.
The failure of the operator of an off-road vehicle to
produce or display a valid permit or decal shall be presumptive evidence that
the vehicle is unregistered.
C.
These presumptions shall be rebuttable.
A.
It shall be unlawful for any person to operate an off-road
vehicle in any place other than the property of the operator within the village
unless a permit has been issued for the vehicle.
B.
The Village Clerk shall issue a permit to the owner of
the vehicle upon receiving proof of the age of the owner, who shall be at
least 18 years of age, and payment of the required fee. The permit shall contain
a brief description of the vehicle and its identification number or frame
number.
C.
Upon the issuance of the permit, the Village Clerk shall
also issue a numbered decal which shall be conspicuously displayed on the
front or rear fender of the vehicle or, if no fender exists, on the frame
of the vehicle itself.
D.
The fee for registration and permit for an off-road vehicle
shall be $50 for a permit valid for not more than one year from issuance.
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.
A.
Any off-road vehicle operated in violation of this chapter
may be immediately impounded. The village shall store such impounded vehicles
in a suitable secure location. No impounded vehicle may be released until
a valid permit is displayed or obtained and until all storage costs and fees
have been paid. The permit holder shall be responsible for the payment of
all such costs and fees.
B.
Any vehicle not redeemed within 30 days shall be considered
an abandoned vehicle under the provisions of § 1224 of the Vehicle
and Traffic Law.
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.
