[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.
[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.