[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 6-21-2004
by L.L. No. 7-2004. Amendments noted where applicable.]
The Board of Trustees of the Village of Warwick hereby finds that the
increased use of ATV's throughout the Village of Warwick without any
regard for the rights of the property owners whose property is being used
for the operation of those ATV's without the permission of said landowners
and without regard for the noise emanating from said ATV's, and the dirt
and dust raised up into the air by the operation of these ATV's and the
young age of the operators, has increased to such a degree that these ATV's
are not only hazardous and detrimental to the health, safety and welfare of
the residents of the Village of Warwick as well as its property owners, but
also to those who operate them with no regard for their own safety or the
safety of others and that regulation of the use of ATV's within the Village
will protect residents and property owners within the Village and protect
those that use ATV's within the Village. This chapter is intended to
serve the foregoing purposes by regulating and prohibiting the use of ATV's
in the Village of Warwick except in conformity with the provisions of this
chapter and rules and regulations promulgated hereunder.
As used in this chapter, the following terms shall have the meanings
indicated:
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," "trail bikes," "motorized sport bikes," "go-carts," "all-terrain
vehicles (ATV's)," "trikes," "quads," "dune buggies," et cetera, 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.
All land and buildings in the Village of Warwick not included in
the definition of "public property" nor part of the public road system.
Lands and buildings owned or leased by the Village 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.
The following acts are prohibited:
A.
To operate an ATV on any property within any residential
zone, including, but not limited to R-1, R-2 (Residential One- and Two-Family)
and MR (Multiple Residential) zones.
B.
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.
C.
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.
D.
To operate an ATV for sport or recreation during the
period of 9:30 p.m. to 8:30 a.m.
E.
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.
F.
To operate an ATV in a manner that is disturbing and
bothersome to adjoining property owners.
G.
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 injure
persons and/or damage property.
H.
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.
I.
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.
J.
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.
K.
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.
L.
To operate an ATV on any private street or right-of-way
within the Village of Warwick without the written permission of the owner
of the private street or right-of-way.
M.
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.
N.
To operate an ATV while under the influence of alcohol
or controlled substance.
O.
For a child under the age of 16 to operate an ATV.
P.
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 provision 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 art 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 Police Department
upon payment of an impoundment fee of $500, which sum shall be payable to
the Village Clerk, and any storage fees as incurred by the Warwick Police
Department.
C.
The 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 $250 and storage fee as above.
For any violation of the terms of § 136-3, Prohibited acts, and § 136-4, Safe operation required, the offender shall be liable for a penalty of not more than $250 for a first offense and $1,000 for a second offense and every offense thereafter. 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 ATV's on premises
owned by the operator in the course of his business or by employees of the
owner on the business of the owner or to the operation of ATV's under
circumstances regulated by any agency of the State of New York.
This chapter is enacted pursuant to the Municipal Home Rule Law. This
chapter shall supersede the provisions of the Warwick Village Code and any
other local law, ordinance or resolution to the extent it is consistent with
the same, and to the extent permitted by the New York State Constitution,
the Municipal Home Rule Law or any other applicable statute.
This chapter shall take effect upon posting and filing with the Secretary
of State of New York.
