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:
ALL-TERRAIN VEHICLE or ATV
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.
INSURANCE AND REGISTRATION
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.
PUBLIC PROPERTY
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.
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.
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.
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 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.