[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 6-8-2009 by L.L. No. 2-2009. Amendments noted where applicable.]
The Town Board of the Town of Blooming Grove hereby finds that the use of ATVs throughout the Town without regard for the rights of the property owners whose property is used for the operation of ATVs, without the permission of said property owners, without regard for the noise, dirt and dust caused by the operation of ATVs, and in violation of traffic and safety laws or in violation of this chapter creates a hazard and detriment to the health, safety and welfare of the residents of the Town and its property owners and to operators of ATVs. Regulation of the use of ATVs within the Town will help protect residents and property owners from health and safety risks arising from the operation of ATVs. This chapter is intended to serve the foregoing purposes by prohibiting or regulating the use of ATVs in the Town of Blooming Grove except in conformity with the provisions of this chapter and any 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," "minibikes," "trail bikes," "motorized sport bikes," "Go-Karts," "all-terrain vehicles," "trikes," "quads," "snowmobiles," "dune buggies" and "golf carts," or similar name, which vehicles, by their nature and design or by law, are not intended to be used and operated along paved public roads and highways but are intended to be operated in dirt, sand, or grass, up and down hills, along trails and in similar type areas. "ATV" does not include lawn tractors, lawn mowers, farm machinery and battery-operated vehicles.
- PRIVATE PROPERTY
- All land and buildings in the Town of Blooming Grove not included in the definition of "public property."
- PUBLIC PROPERTY
- Lands and buildings, including but not limited to lands held in fee ownership, easement ownership or lease, and including but not limited to parks owned or leased by the Town of Blooming Grove, any school district, the County of Orange, the State of New York or any other governmental entity.
It shall be unlawful to operate an ATV in the following locations and/or manner:
Upon public property at any time without express written consent or permit issued by the government agency owning or controlling said property. Any such consent or permit must be filed with the Town Clerk.
Upon private property, other than that private property owned by the immediate family of the operator, without the written consent of all of the owners of such private property.
In violation of 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 vehicle, it shall be unlawful to operate said vehicle without proper registration, licensing and insurance.
In a careless, reckless or negligent manner so as to endanger the safety of any person, including the operator, or the property of any person.
In a manner that is disturbing and bothersome to adjoining property owners, by reason of resulting noise, dust, or other condition arising from the operation of such vehicle.
In a manner which causes or otherwise results in the propulsion of sand, dirt, dust, rocks, gravel or other similar materials beyond a property boundary line.
Upon public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife or to destroy or damage crops or farm produce.
Without an operable muffler to reduce the sound emitted from the vehicle to a noise level of 75 decibels or below at a property or street boundary line.
On or near any public roadway so as to cause operators of other motor vehicles to take evasive or irregular action to avoid danger of collision with an ATV.
Which is not in proper operating condition, meaning that all of the original operating equipment specified by the original manufacturer or replacement equipment equal to the specifications of the original manufacturer's equipment must be installed.
Upon any private street or right-of-way within the Town of Blooming Grove without the written permission of all owners of the private street or right-of-way and all persons having a lawful right to use the private street or right-of-way for access to such person's residence.
While under the influence of alcohol or drugs as defined in the State Vehicle and Traffic Law.
Between the hours of 9:00 p.m. and 7:00 a.m., prevailing time.
Within 300 feet of any residence, except the residence of the operator or operator's immediate family.
On a residential lot less than two acres in area.
Upon any property that is posted with signs prohibiting trespassing or ATV use.
It shall be unlawful for the parent, guardian or any person having the care, custody or control of any child under the age of 16 years knowingly to permit such child to operate an ATV in violation of this chapter.
Whenever any child under the age of 16 years is alleged to have violated this chapter, his parent, guardian or any other person having the care, custody or control of the child shall be notified by the Police Department.
A police officer may impound any ATV upon notice to the owner and operator if:
The identity of the operator or owner of the ATV is unknown to the officer and may not be ascertained by the officer at the location of an offense involving the ATV;
The operator of the ATV has no evidence of permission to operate the ATV on private property not owned by the operator or his immediate family;
The ATV was operated in violation of any provision of this chapter or of any state law or regulation;
The operator acknowledges that he violated any provision of this chapter or of state law or regulation;
The ATV is involved in an accident causing property damage, injury or death; or
Where other good cause appears.
After an ATV is impounded, the owner may appeal such impoundment to a member of the Town Board to be appointed by the Town Board. Upon appeal, the owner shall be given a due process hearing before such appeal officer no more than five days after impoundment.
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 as evidence 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 be released upon court order. Upon receipt of said court order, the ATV shall be released by the Blooming Grove Police Department upon payment of an impoundment fee of $500, which sum shall be payable to the Town Clerk, and any towing fee. The impoundment fee may be amended from time to time by resolution of the Town Board.
The Police Department, upon the order of the Chief of Police, may release the ATV in the absence of a court order if it deems that it has no further need of the vehicle for evidentiary purposes or identification, subject to payment of fees for storage, transport and impoundment.
This chapter shall be enforced by the Town of Blooming Grove Police Department and any other police agency with jurisdiction. The Police Department or other such police agency shall have the right and authority to issue an appearance ticket or simplified appearance ticket pursuant to law.
A declaration signed by an owner of private property and filed with the Town Clerk or Police Department, stating that operation of ATVs on the property is not permitted or that such operation is a trespass, shall be prima facie evidence of a violation of this chapter by any person operating an ATV on such property.
A violation of this chapter shall be an offense. Upon conviction of an offense, the offender shall be subject to a fine not to exceed $500 for a first offense and $750 for a second offense and each subsequent offense committed within a twelve-month period measured from the date of the first offense. Each violation of any provision of this chapter shall be deemed a separate and distinct offense. A person may be charged with more than one offense and shall be subject to imposition of a fine for each such offense.
Aggravated offense. It shall be an aggravated offense if the use of an ATV in violation of this chapter results in injury to any person and/or damage to crops or nursery stock and/or otherwise involves damage to agricultural business stock. The person found to have committed an aggravated offense shall be subject to doubling of the fines set forth in this chapter.
Civil compromise. The Town Justice is empowered to approve and enter an order on consent as a civil compromise between the Town and any person consenting to the imposition of a civil penalty in an amount not exceeding $500 per offense and suspending prosecution until all conditions imposed in the civil compromise are completed by the defendant within the time frames established in the order.
This chapter shall not apply to the operation of ATVs in the regular course of a lawful business or to the operation of ATVs under circumstances regulated by any agency of the State of New York or to any ATV operated by a public official or public employee in his official capacity for a public purpose, including emergency service, police protection, fire protection and public works activity.
The Town Board is authorized to adopt rules and regulations, by resolution, to further implement the provisions of this chapter.
This chapter is enacted pursuant to the Municipal Home Rule Law. This chapter shall supersede any special law to the extent it is inconsistent 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 supersede any inconsistent Town local law.