[HISTORY: Adopted by the Town Board of the Town of Haverstraw 4-10-2000
by L.L. No. 2-2000. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of snowmobiles and all-terrain vehicles
on the Town of Haverstraw streets and places in the Town in a manner compatible
with the use of such streets for vehicular and pedestrian travel and other
uses and which will promote the safe and proper use of snowmobiles and all-terrain
vehicles and minimize detrimental effects of such use on the environment.
For the purpose of this chapter, the words and phrases used herein are
defined as follows:
To be within a reasonable distance of the person accompanied.
Any self-propelled vehicle manufactured for operation primarily on
off-highway trails or in off-highway competitions and only incidentally operated
on public highways, provided that such vehicle does not exceed 60 inches in
width or 800 pounds dry weight. Included within such definition are vehicles
commonly referred to as dirt bikes, minibikes, go-carts, dune buggies, trail
bikes and mopeds.
That portion of a highway immediately adjacent to the right side
of a roadway, customarily used for emergency travel and parking.
Any self-propelled vehicle designed for travel on snow or ice, steered
by skis or runners and supported in whole or in part by one or more skis,
belts or cleats.
The Town of Haverstraw, New York.
A.Â
Snowmobiles and all-terrain vehicles shall not be operated
on state, county or Town highways in the unincorporated Town of Haverstraw
except as permitted under Article 25 of the Parks, Recreation and Historic
Preservation Law of the State of New York, the rules and regulations of the
Office of Parks, Recreation and Historic Preservation, Article 48-C of the
New York Vehicle and Traffic Law and the provisions set forth in this chapter,
as applicable.
B.Â
Emergencies. When authorized or directed by the Supervisor,
a snowmobile may be operated on the affected portions of Town streets for
the purpose of a special emergency as authorized by Subdivision 2 of § 25.05
of the Parks, Recreation and Historic Preservation Law.
C.Â
Sidewalks. The use and operation of a snowmobile or ATV
on any public sidewalk or right-of-way reserved only to pedestrians is strictly
prohibited, except to cross it at approximately right angles to gain access
to property upon which operation is lawful. The right-of-way, during such
crossing, is granted to pedestrians.
The use and operation of snowmobiles and ATV's is prohibited within
any Town park or playground and any public land in the Town of Haverstraw,
except where posted for such use by resolution of the Town Board, and then
only in conformance with the terms and conditions stated for such use.
Whenever the operation of a snowmobile or ATV is permitted on the shoulder
of any Town street or portion thereof as provided by the New York State Parks,
Recreation and Historic Preservation Law and the New York State Vehicle and
Traffic Law, or upon any Town or public land when so designated by the town,
the following additional conditions and restrictions are hereby imposed on
all such operation:
A.Â
Hours of operation. No person shall operate a snowmobile
or an ATV within 200 feet of a dwelling between the hours of 10:00 p.m. and
8:00 a.m.
B.Â
Age of operators on Town streets. No person under the
age of 16 years shall operate a snowmobile or an ATV on any Town street or
public property, except an infant between the ages of 10 years and 16 years
when accompanied by and under the control and supervision of a parent or legal
guardian, and in such event such youthful operator must possess a New York
State snowmobile or ATV safety certificate, as applicable.
C.Â
Operation of snowmobiles and ATV's on private property.
No snowmobile or ATV shall be operated upon the private property of another
without the consent of the owner or lessee thereof. Any person operating a
snowmobile or ATV upon the lands of another in violation of this subsection
shall stop and identify himself upon the request of the landowner, his duly
authorized representative or lessee and, if requested to do so by said landowner,
representative or lessee, shall promptly remove said snowmobile or ATV from
the premises.
D.Â
Unattended snowmobiles and ATV's. It shall be unlawful
for any owner or operator to permit any snowmobile or ATV to be left unattended
on any Town street or public property while the motor is running or with the
key for starting left in the ignition or other accessible position on the
vehicle.
E.Â
Speed limit. No person shall operate a snowmobile or
ATV on any Town street at a speed in excess of 10 miles per hour.
F.Â
Obedience to traffic controls. Each person operating
a snowmobile or ATV on any Town highway or street shall observe strictly all
vehicular traffic signs and signals and all other rules and regulations applicable
to vehicular traffic and shall obey the orders and directions of any state
or local police officer or other law enforcement officer authorized to direct
or regulate traffic.
G.Â
Stopping at certain intersections. It shall be unlawful
for any person to operate a snowmobile or ATV into or through an intersection
of streets or highways which is not controlled by a traffic control device
without first bringing the vehicle to a complete stop and granting the right-of-way
to pedestrians and all other traffic.
H.Â
Position on road. It shall be unlawful to operate a snowmobile
or ATV on a public street or highway in the Town in any other manner than
single file and as near to the right-hand curb or snowbank as practicable.
I.Â
Direction of operation. No person shall operate a snowmobile
or ATV within the streets or highway rights-of-way of the Town except on the
right side of such right-of-way and in the same direction as the traffic.
Permitted operation on other public places shall be only in the direction,
if any, marked by appropriate route direction markers.
J.Â
Pleasure operating prohibited. Other than on any routes
for snowmobile or ATV use which may be designated hereafter by resolution
of the Town Board, no person shall operate a snowmobile or ATV on a Town street
except for the purpose of gaining access to permitted snowmobile or ATV trails
within or without the town.
No snowmobile or ATV shall be operated within the Town unless it is
equipped as specified in Article 25 of the Parks, Recreation and Historic
Preservation Law and Article 48-C of the Vehicle and Traffic Law, respectively,
requiring proper brakes, muffler, head- and taillights and other items.
It shall be unlawful for any person to operate, and any owner thereof
to permit to be operated, a snowmobile or ATV on any street or public land
or public place in the Town unless the owner or operator of such machine is
insured against public liability and carries with him proof of financial responsibility
in the manner prescribed by the Office of Parks and Recreation and of the
minimum amount as provided in the Parks, Recreation and Historic Preservation
Law of the State of New York. Such proof shall be displayed by the owner or
operator of any snowmobile or ATV, upon request, to any law enforcement officer
or to any person who has suffered or claims to have suffered either personal
injury or damage to property as a result of the operation of such vehicle
by any such owner or operator. The failure to produce such proof shall be
presumptive evidence of operating the vehicle without insurance against public
liability.
No parent or guardian shall authorize or knowingly permit his child
or ward, if under 16 years of age, to operate a snowmobile or ATV in violation
of any provision of this chapter or any rules and regulations promulgated
hereunder.
[Amended 5-13-2002 by L.L. No. 6-2002; 11-24-2003
by L.L. No. 12-2003]
Failure to comply with § 139-3 or 139-4 of this chapter shall constitute a violation and shall be punishable by a fine of $1,000 for a first offense; $2,500 for any subsequent offense; or imprisonment for a term of not more than 60 days, or both. The parent or legal guardian, other than a state or legal Social Services Department foster parent having custody, of any unemancipated person under the age of 18 years of age found guilty of a violation of this chapter shall be responsible for the payment of the fine imposed by a court of competent jurisdiction for such violation. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years of age.
[Added 5-13-2002 by L.L. No. 6-2002]
In addition to the penalties set forth in § 139-9 of this chapter, a police officer or peace officer may immediately impound an ATV operated in violation of § 139-3 or 139-4 of this chapter. Such impounded ATV shall be stored by the pertinent police department or enforcement agency pending the identification of the owner and notice of such impoundment. The law enforcement agency shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the ATV utilized in violation of this chapter may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $250. Such impounded ATV may only be released to the owner of the ATV or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
