[HISTORY: Adopted by the Board of Trustees of the Village of Maybrook
11-11-2002 by L.L. No. 6-2002. Amendments noted where applicable.]
Increased use of all-terrain vehicles ("ATV's) on private lands throughout
the Village of Maybrook without the permission of landowners and without regard
for the noise and extensive property and environmental damage arising from
said ATV use has increased to the extent that ATV's have become hazardous
and injurious to the community, property owners, residents and the environment.
Regulation and enforcement of restrictions on such ATV use is necessary to
preserve the character of the Village and for the protection of our neighborhoods,
residents and the environment from ruination by these activities.
As used in this chapter, the following terms shall have the meanings
indicated:
A vehicle that is motor-propelled or contains a motor to assist the
operation of said vehicle, which vehicles are commonly referred as "dirt bikes,"
"mini bikes," "trail bikes," "motorized sport bikes," "go carts," "all-terrain
vehicles (ATV's)," "trikes," "quads," "dune-buggies," "golf carts," etc.,
which vehicles, by their design are not intended to be operated on paved roads
and public highways, but are intended, rather, to be operated on dirt, sand,
snow, up and down hills, along trails, off roads and in similar areas. ATV's
within this definition include two-wheeled vehicles, three-wheeled vehicles
and four-wheeled vehicles. Snowmobiles, propelled on a track and runners,
or skids, are included in the definition of ATV for the purpose of this chapter.
Excluded from this definition are lawn tractors, lawn mowers, farm machinery,
and vehicles employed by business or industry for commercial purpose.
All such liability insurance and vehicle registration information
required to be maintained on ATV's in the State of New York as provided in
the state Vehicle and Traffic Law and regulations promulgated by the Commissioner
of Motor Vehicles.
All land owned by the Village of Maybrook or any other federal, state
or local agency, including public roads and park lands, and any private land
over which the Village of Maybrook possesses an easement allowing for public
use.
It shall be unlawful:
A.
For any person to operate an ATV upon public property
without written consent of the agency in whose name the title to the land
rests;
B.
To operate an ATV on private property other than private
property owned by the ATV operator or the operator's immediate family without
the written consent of the owner(s) of such private property. Such written
consent must be dated and signed by the record owner(s) of the private lands
where the ATV is being used, and must be carried on the person of an ATV operator
at all times the ATV is being operated;
C.
To operate an ATV between 8:00 p.m. and 9:00 a.m.;
D.
To operate an ATV that does not comply with the requirements
and regulations of the Department of Motor Vehicles of the State of New York,
including insurance and registration of such vehicles;
E.
To operate an ATV within 300 feet of any residence;
F.
To operate an ATV on public or private property in such
a way as to harass, worry or disturb farm animals, domestic animals or wildlife;
G.
To operate an ATV without a muffler that effectively
reduces noise from the engine of the vehicle;
H.
To operate an ATV near any public roadway so that the
operation of such ATV creates a hazard to traffic;
I.
To operate an ATV that is not in safe operating condition.
All ATV's must have original operating equipment specified and supplied by
the manufacturer or replacement equipment that is functionally equivalent
to the specifications of the manufacturer of the ATV;
J.
To operate an ATV on any private street or right-of-way
in the Village without the written consent of the owner of the private street
or right-of-way. Such written consent must be dated and signed by the record
owner(s) of the private street or right-of-way where the ATV is being operated,
and must be carried on the person of an ATV operator at all times the ATV
is being operated.
K.
To operate an ATV in a careless, reckless, or negligent
manner that may endanger the safety of any person, including the operator
himself, or the property of any person;
L.
To operate an ATV while under the influence of alcohol
or drugs in violation of § 1192 of the Vehicle and Traffic Law;
M.
For a parent or guardian to authorize or knowingly permit
a child, under 16 years of age, to operate an ATV in violation of any provision
of this chapter; and
N.
For the owner or any other person in possession of an
ATV to authorize or knowingly permit a child under 16 years of age to operate
such ATV in violation of any provision of this chapter.
This chapter shall not apply to the operation of an ATV by police officers
and other government officials or employees while in the conduct of official
duties, nor shall it apply to the operation of such vehicles in response to
a medical, fire or other emergency by fire, police, rescue workers or rescue
squad personnel.
A.
The operator and passenger of an ATV shall wear a helmet
and goggles or face shields that are approved by the Department of Motor Vehicles
of the State of New York for such use.
B.
No person operating an ATV shall engage in racing or
reckless operation.
C.
No person operating an ATV shall carry any other person
as a passenger except where designated for such purpose on the vehicle and
equipped for such purpose by the manufacturer.
Duly sworn police officers of the Village of Maybrook and other duly
sworn police officers with jurisdiction in the State of New York are empowered
to enforce this chapter. Police officers shall from time to time check the
registration and insurance documents for ATV's being operated in the Village
of Maybrook. Police officers shall be authorized to stop any ATV that is being
operated on private property for the purpose of determining if the operator
possesses the required written consent of the property owner(s) to operate
an ATV on such private property.
A.
A police officer may impound an ATV if:
(1)
The identity of the operator or owner of the ATV is unknown
to the officer;
(2)
The operator of the ATV has no proof of consent of the
owner of the land to operate the same on said private property;
(3)
The operator is in violation of any provision of this
chapter;
(4)
The ATV is involved in an accident causing personal injury
or death while operated in violation of this chapter; or
(5)
The ATV is required as evidence of a crime.
B.
The period of impoundment for the ATV shall be for such
period of time as is necessary for investigation by the police, which shall
include use of the vehicle as evidence in any judicial proceeding. Any person
wishing to have an ATV released from impoundment must make application before
the appropriate court. The ATV shall be released upon court order. Upon receipt
of said court order by the Police Department, the ATV shall be released by
the Village of Maybrook Police Department upon payment by the owner of an
impoundment fee of $100, plus any removal and storage fees incurred by the
Police Department, which sum shall be payable to the Village Clerk.
C.
The Village Police Department, upon the order of the
Chief of Police or his duly authorized subordinate, may, without court order,
release such ATV if deemed to have no further need of the vehicle for evidence
or as part of an investigation, after payment of the impoundment fee and removal
and storage fees.
Any law enforcement officer is authorized to issue appearance tickets
for violations of this chapter to operators and owners of ATV's, and may file
an accusatory instrument with the Village Justice Court pursuant to the rules
contained in the Criminal Procedure Law.
A.
Owners and leaseholders of private property in the Village
of Maybrook may file a declaration with the Village Clerk that no person is
permitted to operate an ATV on their designated property and that operators
of ATV's on their property should be removed by the Police Department and
prosecuted in accordance with this chapter. Such a declaration shall be signed
and dated by the property owner and the signature shall be acknowledged as
required for filing of a deed. The declaration shall identify lands by Tax
Map number and street address. The Village Clerk shall certify all such declarations
upon receipt.
B.
A filed declaration shall constitute prima facie evidence
that the operator of an ATV on lands identified in such declaration has violated
the prohibition against operating on ATV on private property without the consent
of the owner.
A violation of any provision of this chapter shall be an offense. The
maximum fine for each violation shall be $500. The enforcement officer or
the Board of Trustees may enter into a civil compromise with any defendant
in lieu of proceeding under the criminal jurisdiction of the Village Justice
Court, subject to the imposition of reasonable conditions to assure future
compliance with this chapter by such defendant, and subject to the approval
of the Village Justice.
In the event that this chapter or any of its provisions herein shall
conflict with New York State law involving the operation of ATV's, such inconsistencies
or conflicts shall be resolved in a manner that is consistent with New York
State law.
In addition to the above, the Village shall possess the authority to
pursue and obtain all other remedies available in law or equity.
