[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.
All land and buildings in the Town of Blooming Grove not
included in the definition of "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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
While under the influence of alcohol or drugs as defined in the State
Vehicle and Traffic Law.
M.
Between the hours of 9:00 p.m. and 7:00 a.m., prevailing time.
N.
Within 300 feet of any residence, except the residence of the operator
or operator's immediate family.
O.
On a residential lot less than two acres in area.
P.
Upon any property that is posted with signs prohibiting trespassing
or ATV use.
A.
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.
B.
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.
A police officer may impound any ATV upon notice to the owner and
operator if:
(1)
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;
(2)
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;
(3)
The ATV was operated in violation of any provision of this chapter
or of any state law or regulation;
(4)
The operator acknowledges that he violated any provision of this
chapter or of state law or regulation;
(5)
The ATV is involved in an accident causing property damage, injury
or death; or
(6)
Where other good cause appears.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
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.
B.
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.
C.
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.
