[HISTORY: Adopted by the Town Board of the Town of Warwick 9-14-1989 by L.L. No. 3-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 109.
Abandoned or unlicensed vehicles — See Ch. 153.
Vehicles and traffic — See Ch. 154.
[Amended 10-25-2001 by L.L. No. 5-2001]
Increased use of ATVs throughout the Town of Warwick without any regard for the rights of the property owners whose property is used for the operation of those ATVs, without the permission of said landowners and without regard for the noise emanating from said ATVs, and the dirt and dust raised up into the air by the operation of these ATVs, has increased to such a degree that these ATVs are not only hazardous and detrimental to property owners and residents but also to those who operate them with no regard for their own safety or the safety of others.
As used in this chapter, the following terms shall have the meanings indicated:
ATV
Any all-terrain vehicle that is motor-propelled or contains a motor to assist the operation of said vehicle, and which vehicles are commonly referred to as "dirt bikes," "minibikes," "trail bikes," "motorized sport bikes," GoKarts," "all-terrain vehicles (ATVs)," "trikes," "quads," "dune buggies," and "golf carts," etc., which vehicles, by their nature and design, are not intended to be used and operated along paved roads and highways but are intended, rather, to be operated in dirt, sand, up and down hills, along trails and in similar-type areas.
[Amended 10-25-2001 by L.L. No. 5-2001]
PRIVATE PROPERTY
All land and buildings in the Town of Warwick not included in the definition of "public property" nor part of the public road system.
PUBLIC PROPERTY
Lands and buildings owned or leased by the Town of Warwick, any school district, the County of Orange or the State of New York or any other equivalent public body. This definition specifically excludes any public roadways owned or maintained by any of the aforementioned public entities.
It shall be unlawful:
A. 
To operate an ATV upon public property at any time without express consent or permit issued by the governmental agency in control of said property.
B. 
To operate an ATV on private property, other than that private property owned by the family of the operator, without the written consent of all of the owners of the private property.
C. 
To operate an ATV for sport or recreation during the period of 9:30 p.m. to 8:30 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. Should the Department of Motor Vehicles require registration or licensing of said vehicles, then it shall be unlawful to operate said vehicle without proper registration and licensing.
E. 
To operate an ATV that causes noises that are disturbing and bothersome to adjoining property owners and those properties within 500 feet of any property upon which an ATV is operated.
[Amended 8-19-2004 by L.L. No. 3-2004]
F. 
To operate an ATV so as to cause it to propel sand, dirt, dust, rocks, gravel or other similar materials into the air so as to be likely to injure persons and/or damage property.
G. 
To operate an ATV on public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops or farm produce.
H. 
To operate an ATV without the ATV containing a muffler or other similar device to reduce the sound coming from the engine of the vehicle.
I. 
To operate an ATV near any public roadway so that the operation of said ATV would cause operators of automobiles, motorcycles or trucks to have to take evasive or irregular action to move away from said ATV.
J. 
To operate an ATV without the ATV being in proper operating condition, which means that all of the original operating equipment specified by the original manufacturer must be present on the bike or replacement equipment equal to the specifications of the original manufacturer's equipment is present and in operating condition at least equal to the manufacturer's requirements for the proper operation thereof.
K. 
To operate an ATV on any private street or right-of-way within the Town of Warwick without the written permission of the owner of the private street or right-of-way.
L. 
To operate an ATV in a careless, reckless or negligent manner which endangers the safety of any person; including the operator himself, or the property of any person.
M. 
To operate an ATV while under the influence of liquor or drugs.
N. 
For a parent or guardian to authorize or knowingly permit a child or ward, if under 16 years of age, to operate an ATV in violation of any provision of this chapter or any rules or regulation promulgated thereunder.
O. 
For the owner or other person in possession of any ATV to authorize or knowingly permit any person under 16 years of age to operate such vehicle in violation of any provisions of this chapter.
A. 
The operator of an ATV shall wear a helmet upon his head and goggles or face shields on his face, such as approved by the Department of Motor Vehicles of the State of New York.
B. 
No person operating an ATV or motorcycle shall engage in fancy or trick riding or ride without maintaining full control of the ATV or remove both hands from the handlebar.
C. 
No person operating an ATV shall carry any other person on it except in a place designated for such purpose and equipped for such purpose as part of the original manufacture for said purpose.
A. 
A police officer may impound any 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 evidence of permission to operate the same on private property.
(3) 
The operator is in violation of this chapter.
(4) 
The ATV was involved in an accident causing serious injury or death while operated in violation of this chapter.
B. 
The period of impoundment for the ATV shall be for such period of time as is necessary for police purposes, which shall include use of the vehicle for identification in any court action. Any person wishing to have an ATV released from impoundment must make motion before the appropriate court, and said ATV shall only be released upon court order. Upon receipt of said court order, the ATV shall be released by the Warwick Town Police Department upon payment of an impoundment fee of $500, which sum shall be payable to the Town Clerk, and any storage fees as incurred by the Warwick Police Department.
[Amended 8-19-2004 by L.L. No. 3-2004]
C. 
The Town Police Department, upon the order of the Chief of Police or his duly authorized subordinate, may, of its own violation, without court order, release such ATV if it deems that it has no further need of the vehicle for purposes of identification, but only after payment of the impoundment fee of $500 and storage fees as above.
[Amended 8-19-2004 by L.L. No. 3-2004]
[Amended 8-19-2004 by L.L. No. 3-2004]
For any violation of the terms of § 155-3, Prohibited acts, and §  155-4, General regulations, the offender shall be liable for a penalty of not more than $250 for a first offense and $1,000 for a second or subsequent offense. An offense shall be considered a second, third, fourth, fifth, etc., offense if, during a period within 10 years of the conviction for the first offense against this chapter, a person is convicted of another offense of violating this chapter.
This chapter shall not apply to the operation of ATVs on premises owned by the operator in the course of his business or by employees of the owner on the business of the owner nor to the operation of ATVs under circumstances regulated by any agency of the State of New York.
In the event that this chapter or any of the provisions herein shall conflict or vary with existing or prevalent state law involving the operation of ATVs, such inconsistencies, conflicts or variations shall be governed or controlled in favor of the state law.