[Adopted 4-3-1990 as part of L.L. No. 6-1990]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor-driven off-road recreational vehicle capable of cross-country
travel or travel without benefit of a road or trail on or immediately
over land, snow, ice or marsh or swamp land or other natural terrain,
including but not limited to a multitrace or multiwheel drive or low-pressure-tire
vehicle, a motorcycle or related two- or three-wheel vehicle, a motorbike
or dirtbike and an amphibious machine, a ground-effect air-cushion
vehicle or other vehicle which derives motor power from a source other
than muscle or wind.
"Off-road vehicle" shall not include a registered snowmobile,
a farm vehicle being used for farming purposes, a vehicle used for
fire, emergency, law enforcement and military purposes, a construction
or logging vehicle used in performance of its common function or a
registered aircraft.
All property located within the Town of Smithtown which does
not constitute public property.
All streets, sidewalks, easements or other areas dedicated
or commonly used by the public, as well as all lands in which title
is vested in the Town of Smithtown, other political subdivision or
agency or public authority thereof located within the Town of Smithtown.
[Amended 6-6-2023 by L.L. No. 10-2023]
A.
No person shall operate a motor vehicle off of any road, street,
highway, or other area commonly and normally used for motor vehicle
traffic, operation, or use, except in accordance with New York State
Vehicle and Traffic Law § 2403.
C.
No person shall flee from a police or peace officer while operating
an ORV. The operator of an ORV is required to stop or pull over when
directed to do so by a police or peace officer or by their marked
vehicle by the activation of either its lights or siren. Additionally,
no person operating an ORV shall flee from a police or peace officer
at an unsafe speed, recklessly, or in any manner that would constitute
a danger to other motor vehicles, pedestrians, or property.
There shall be a rebuttable presumption that the operator of
an off-road vehicle on private or public property lacks consent to
so operate the vehicle if the operator cannot produce written consent
from the property owner to operate said vehicle on said private or
public property.
A.
In addition to other provisions of the Uniform Traffic Code of the
Town of Smithtown, the state, county, local police, Department of
Public Safety or other authorized law enforcement agency who may enforce
the provisions herein may immediately impound any off-road vehicle
operated in violation of this chapter. Such impounded vehicle shall
be stored by the Department of Public Safety.
[Amended 3-22-1994 by L.L. No. 2-1994]
B.
Upon making an arrest or issuing a summons or an appearance ticket for a violation of § TC7-2A, B, or C, or in the event a police or peace officer has probable cause to believe a person has committed a violation of § TC7-2A, B, or C and has fled the scene leaving the ORV behind, a police or peace officer may seize such ORV. The impounded ORV shall be stored by the Town of Smithtown or other enforcement agency, pending the identification of the owner as registered with the New York State Department of Motor Vehicles. Such owner shall be sent notice of such impoundment to the address on file with the New York State Department of Motor Vehicles by certified mail within five days after impoundment. The Town of Smithtown shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner.
C.
The owner of the off-road vehicle so impounded may redeem the same upon satisfactory proof of ownership and payment of a redemption fee for storage and impoundment. The redemption fee shall be $1,000 for an ORV impounded for a violation of § TC7-2A, and the redemption fee shall be $3,000 for an ORV impounded for a violation of § TC7-2B or C.
[Amended 5-15-2001 by L.L. No. 3-2001; 6-6-2023 by L.L. No. 10-2023; 4-18-2024 by L.L. No. 11-2024]
D.
No vehicle impounded under this chapter shall be released to the
owner or operator without the payment of such redemption fee and upon
demonstrating satisfactory proof of ownership.
E.
All ORVs impounded pursuant to this chapter shall be subject to reasonable
and customary towing, maintenance, and daily storage fees as may be
established by the Town of Smithtown Director of Public Safety. Such
fees shall be payable to the Town of Smithtown prior to the release
of the impounded ORV.
[Added 6-6-2023 by L.L. No. 10-2023]
[Amended 9-7-1993 by L.L. No. 2-1993; 2-1-1994 by L.L. No.
1-1994; 6-6-2023 by L.L. No. 10-2023]
The provisions of this chapter may be enforced by Town of Smithtown
Park Rangers, Public Safety Inspectors, Public Safety Investigators,
the Director of Public Safety, Harbormasters, Fire Marshals, or any
Suffolk County Police Officer.
[Amended 6-6-2023 by L.L. No. 10-2023]
A.
Any person,
firm, association or corporation violating any of the provisions of
this chapter of the Uniform Traffic Code of the Town of Smithtown
shall be guilty of an offense punishable by a fine or imprisonment,
or both. However, for the purposes of conferring jurisdiction upon
courts and judicial officers, such violations shall be deemed to be
misdemeanors, and, for such purposes only, all provisions of the law
relating to misdemeanors shall apply to such violations. Notwithstanding
the foregoing, any person, firm, association or corporation violating
any provisions of this chapter of the Town of Smithtown Traffic Code
shall be subject to the following penalties:
(1)
The
first violation shall be punishable by a minimum fine of $500, with
a maximum fine of $1,000.
(2)
A second
violation within a period of five years shall be punishable by a minimum
fine of $1,500, with a maximum fine of $3,000.
(3)
A third
violation within a period of five years shall be punishable by a fine
of $7,500 and/or a term of imprisonment not to exceed 30 days.
B.
A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues. In addition to such fine, the defendant
shall pay all costs and expenses incurred by the Town in determining
such violation. The foregoing shall be in addition to all other remedies
available under the law to the Town Attorney.
