[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Parks and park facilities — See Ch. 643.
Vehicle sales — See Ch. 814.
Vehicles and traffic — See Ch. 818.
[Adopted 11-24-1998 by L.L. No. 29-1998 (Ch. 469, Art. I, of the 1985 Code)]
A. 
This Legislature finds that since the repeal of Local Law No. 23-1985 in 1990, the number of incidents involving the illegal operations of ATVs in Suffolk County has steadily increased despite the enactment of New York State Vehicle and Traffic Law Article 48-C, Rules for Operation of All-Terrain Vehicles.
B. 
This Legislature further finds that the unrestricted use of ATVs continues to result in a high incidence of serious physical injuries, to both operators of ATVs and users as well as to officers enforcing the law. The impact of such injuries extends beyond the person injured to the public at large, through the economic impact to the County of furnishing medical, emergency, rehabilitative or welfare aid and assistance to those injured.
C. 
This Legislature further finds that the unrestricted use of ATVs also results in severe economic damage, including but not limited to native habitat destruction and fragmentation, soil compaction and erosion, which require extensive and costly restoration, as well as the related noise pollution to surrounding neighborhoods through ATV operation and general nuisance to the public at large and County park patrons in particular.
D. 
This Legislature further finds that to safeguard the damages caused by the increasing illegal use of ATVs, impoundment and the collection of redemption fees have acted as a deterrent to such use. Specifically, this Legislature notes that there was a reduction in second offenses when impoundment and redemption were previously authorized.
E. 
This Legislature further finds that Suffolk County is unique in that it owns more park and conservation land than any other county in the State of New York. Therefore, to protect its substantial investment in public property and to safeguard the property of its citizens in the County, additional restrictions are required to be placed on the use of ATVs in Suffolk County which are not found in the pertinent New York State Vehicle and Traffic Law.
F. 
Therefore, the purpose of this article is to ensure public safety, environmental protection and the general welfare of Suffolk County and its citizens by restricting the use of ATVs off public highways without obtaining the prior written consent of the property owner to operate such vehicles on such property and by empowering law enforcers to impound said vehicles.
[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No. 27-2002; 12-6-2016 by L.L. No. 38-2016; 9-7-2022 by L.L. No. 36-2022; 12-20-2022 by L.L. No. 9-2023; 12-16-2025 by L.L. No. 8-2026[1]]
As used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or for off-highway competitions and only incidentally operated on public highways, including, but not limited to, off-highway motorcycles, motocross bikes, dirt bikes, dune buggies, and go-carts. This also includes any motorized bicycle, motorized scooter, or other motorized vehicle which does not conform to New York State laws, including, but not limited to, any ATV, as defined, which is capable of being registered for use in another state but is incapable of being registered for use in New York State. ATVs shall not include agricultural vehicles nor any vehicles used for law enforcement, fire, emergency or military purposes.
CLAIMING AUTHORITY
The County Attorney or his or her designee.
CRIME
A second conviction for a violation of § 822-3(A) or (B) or (C) or § 822-3.1(A) or (B) or (C) of this article within five years of a previous conviction of a violation of § 822-3(A) or (B) or (C) or § 822-3.1(A) or (B) or (C).
INSTRUMENTALITY OF A CRIME
Any property, the use of which contributed directly and materially to the commission of a crime.
MINOR
An unemancipated person under 18 years of age.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV, UTV, or SxS vehicle is under way.
OPERATOR
Every person who operates or is in actual physical control of an ATV, UTV, or SxS vehicle.
PERSON
An individual, and shall not include a police officer, peace officer or member of the United States Armed Forces acting within the scope of his public employment or duties.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway or any other public way.
SEIZING AGENCY
The law enforcement agency seizing the instrumentality of an operation offense.
SELL
To sell, exchange, give or dispose of to another, or to offer to agree to do the same for good and valuable consideration.
SIDE-BY-SIDE VEHICLE or SxS VEHICLE
Any vehicle with a minimum of two seats positioned side by side, which is manufactured for sale for operation primarily on off-highway trails, which is self-propelled, has at least four wheels or continuous tracks in place of wheels, which is controlled by steering wheel and foot pedal. This includes any SxS vehicle, as defined, which is capable of being registered for use in another state but is incapable of being registered for use in New York State. SxS vehicles do not include vehicles manufactured for off-highway use and designed exclusively for travel on snow or ice, as defined in New York Parks, Recreation And Historic Preservation Law. SxS vehicles shall not include any vehicles used for law enforcement, fire, emergency or military purposes.
UTILITY TASK VEHICLE or UTV
Any motor-driven or self-propelled vehicle which is manufactured for sale for operation off of the highway, which is suspended on four tires, and which has a steering wheel for steering control. This includes any UTV, as defined, which is capable of being registered for use in another state but is incapable of being registered for use in New York State. UTVs shall not include any vehicles used for law enforcement, fire, emergency or military purposes.
[1]
Editor's Note: This local law also amended the name of this Art. I from "All-Terrain Vehicles" to its current title.
[Amended 8-31-2000 by L.L. No. 18-2000; 9-7-2022 by L.L. No. 36-2022; 12-16-2025 by L.L. No. 8-2026]
A. 
Public property. No person shall operate an ATV, UTV, or SxS vehicle on a public highway or on public property in the County of Suffolk except in accordance with New York State Vehicle and Traffic Law § 2403.
B. 
Private property. No person shall operate an ATV, UTV, or SxS vehicle on private property in the County of Suffolk unless he or she has first obtained the express written consent of the property owner to operate the ATV, UTV, or SxS vehicle on the property. There shall be a rebuttable presumption that the operator of an ATV, UTV, or SxS vehicle on private property in Suffolk County lacks the consent to operate the ATV, UTV, or SxS vehicle if the operator cannot produce written consent from the property owner.
C. 
No person shall flee from a police or peace officer while operating an ATV, UTV, or SxS vehicle in Suffolk County. The operator of an ATV, UTV, or SxS vehicle 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 ATV, UTV, or SxS vehicle 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.
D. 
Agriculture. The use of ATVs, UTVs, or SxS vehicles by the owners of a farm operation, their families or employees, on property owned or leased by the farm operation for the purposes of agriculture production as defined by New York State Agriculture and Markets Law § 301, Subdivision 4, shall be exempt from the provisions of § 822-3B.
[Added 12-16-2025 by L.L. No. 8-2026]
A. 
Except as provided in § 2410 of the New York Vehicle and Traffic Law, no minor shall operate an ATV, UTV, or SxS vehicle except upon lands owned or leased by the minor's parent or guardian, unless the minor is under the supervision of a person aged 18 years or older. "Leased lands" as herein used shall not include lands leased by an organization of which the minor operator or the minor's parent or guardian is a member.
B. 
No parent or guardian shall authorize, knowingly permit, or fail to exercise diligent supervision to prevent, the operation of an ATV, UTV, or SxS vehicle by the parent or guardian's child or ward in violation of § 822-3(A) or (B) or (C).
C. 
No owner or other person in possession of any ATV, UTV, or SxS vehicle shall authorize, knowingly permit, or fail to exercise diligent supervision to prevent, the operation of an ATV, UTV, or SxS vehicle by a minor in violation of § 822-3(A) or (B) or (C), regardless of whether the minor operator is the child or ward of the owner or other person in possession of the ATV, UTV, or SxS vehicle.
[Amended 8-31-2000 by L.L. No. 18-2000; 9-7-2022 by L.L. No. 36-2022; 12-16-2025 by L.L. No. 8-2026]
Any business organization, including but not limited to any individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association or other entity of any kind, which sells or offers for sale an ATV, UTV, or SxS vehicle to any person within the County of Suffolk for compensation shall disclose, in writing, the restrictions set forth in Subsections A and B of § 822-3 by conspicuously posting a statement of these restrictions at each point of sale (all capital letters not less than two inches in height on a contrasting background). The purchaser shall also be provided with a written copy of this statement by the seller at the conclusion of the purchase of the ATV, UTV, or SxS vehicle. This statement shall read as follows:
IT IS UNLAWFUL TO OPERATE AN ATV, UTV, OR SIDE-BY-SIDE VEHICLE ON A PUBLIC HIGHWAY OR ON PUBLIC PROPERTY IN SUFFOLK COUNTY EXCEPT IN ACCORDANCE WITH NEW YORK STATE VEHICLE AND TRAFFIC LAW SECTION 2403. WRITTEN CONSENT OF THE PROPERTY OWNER IS REQUIRED IF AN ATV, UTV, OR SIDE-BY-SIDE VEHICLE IS USED ON PRIVATE PROPERTY.
[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No. 27-2002; 9-7-2022 by L.L. No. 36-2022; 12-16-2025 by L.L. No. 8-2026]
A. 
A violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), shall be deemed a criminal violation. The first conviction for a violation of § 822-3(A) or (B) or (C) shall be punishable by a minimum fine of $500, with a maximum fine of $1,000.
B. 
A second violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), after having been convicted of a violation of § 822-3(A) or (B) or (C) occurring within the last five years of the first violation of § 822-3(A) or (B) or (C), shall constitute an unclassified misdemeanor punishable by a minimum fine of $1,500, with a maximum fine of $3,000.
C. 
A third violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), after having been twice convicted of a violation of either § 822-3(A) or (B) or (C) or § 822-3.1(A) or (B) or (C) within the last five years, shall constitute an unclassified misdemeanor and shall be punishable by a fine of $7,500 and/or a term of imprisonment not to exceed 30 days.
D. 
Willful failure to comply with § 822-4 of this article shall constitute a violation punishable by a civil fine of $1,000 for each violation. Each day or part of a day on which a violation continues shall constitute a separate violation. Section 822-4 of this article shall be enforced by the Suffolk County Office of Consumer Affairs.
E. 
The parent or legal guardian, other than a state or local social services department foster parent having custody, of any unemancipated person under 18 years of age found guilty of a violation of this article 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 18 years of age.
F. 
The parent or legal guardian, other than a state or local social services department foster parent having custody, of any unemancipated person under 18 years of age found guilty of a violation of this article shall be responsible for restitution for any damage caused to real property or improvements located thereon owned and/or operated by the County of Suffolk. 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.
[Amended 8-31-2000 by L.L. No. 18-2000; 11-19-2002 by L.L. No. 27-2002; 9-7-2022 by L.L. No. 36-2022; 12-20-2022 by L.L. No. 9-2023; 12-16-2025 by L.L. No. 8-2026]
A. 
Upon making an arrest or upon issuing a summons or an appearance ticket for a violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), or in the event an officer has probable cause to believe a person has committed a violation of § 822-3(A) or (B) or (C) or § 822-3.1(A) or (B) or (C) and has fled the scene leaving the ATV, UTV, or SxS vehicle behind, an officer may seize such ATV, UTV, or SxS vehicle. Such impounded ATV, UTV, or SxS vehicle shall be stored by the pertinent police department or enforcement agency pending the identification of the owner as registered with the New York State Department of Motor Vehicles. Such titled owner shall be sent notice of such impoundment (the "notice of impoundment") at the address on file with the New York State Department of Motor Vehicles by certified mail within 10 days after the 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, UTV, or SxS vehicle utilized in violation of this article may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $1,000. Such impounded ATV, UTV, or SxS vehicle may only be released to the owner of the ATV, UTV, or SxS vehicle or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney. An impounded ATV, UTV, or SxS vehicle shall remain stored by the pertinent police department or enforcement agency for 120 days following the date upon which the notice of impoundment is sent via certified mail (the "notice date"). Any impounded ATV, UTV, or SxS vehicle which has not been redeemed within 120 days of the notice date shall be deemed forfeited and shall be subject to disposal in accordance with § 822-7.
B. 
If an ATV, UTV, or SxS vehicle is seized in accordance with § 822-6(A) and the ATV, UTV, or SxS vehicle is not registered in New York State and/or is not otherwise identified with the New York State Department of Motor Vehicles, it shall be the obligation of the operator (the "operator in violation") of the ATV, UTV, or SxS vehicle who received the summons or appearance ticket for a violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), to inform the pertinent police department or enforcement agency of the identity of the owner, and/or to notify the owner of the vehicle's impoundment, within 30 days of receipt of the summons or appearance ticket. If the operator in violation fails to provide the identity of the owner to the pertinent police department or enforcement agency within 30 days of receipt of the summons or appearance ticket, and the pertinent police department or enforcement agency is otherwise unable to identify the owner, the operator in violation shall be determined to be the presumptive owner of the ATV, UTV, or SxS vehicle and shall be subject to all of the forfeiture procedures as set forth in § 822-6(A) and (C), and § 822-7.
C. 
Any ATV, UTV, or SxS vehicle used in violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), of this article and seized by any peace officer or police officer acting pursuant to his or her special duties may be forfeited as hereafter provided. If the ATV, UTV, or SxS vehicle is not forfeited, after a second conviction involving the use of the same ATV, UTV, or SxS vehicle, whether or not the operator of the vehicle is the same individual as the operator convicted under the first offense, as permitted by § 822-6B(1), the owner may redeem the vehicle only upon payment of a redemption fee of $3,000. Failure to commence a forfeiture action within 120 days after the seizure shall result in the immediate return of the ATV, UTV, or SxS vehicle to its lawful owner as of the time of the seizure.
(1) 
A civil action shall be commenced by the claiming authority, or his or her designees, against a criminal defendant to forfeit seized property which is used as the instrumentality of a crime if it can be demonstrated that the property was seized in connection with the criminal action of an individual who has been once convicted of a violation of either § 822-3(A) or (B) or (C) or § 822-3.1(A) or (B) or (C) within the previous five years.
(2) 
A civil action may also be commenced against a noncriminal defendant to forfeit property which is used as the instrumentality of a crime, except that no ATV, UTV, or SxS vehicle shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the subject property was unlawfully in the possession of a person other than the owner. A nonoperating owner who is physically present in or on an instrumentality at the time of the commission of a crime, or a nonoperating owner whose ATV, UTV, or SxS vehicle was an instrumentality used and operated by a person who has previously been convicted of a violation of § 822-3(A) or (B) or (C), or § 822-3.1(A) or (B) or (C), shall be presumed to know that the instrumentality of a crime was or would be used in a manner that would directly and materially contribute to the commission of a crime or that obtaining his or her interest in the instrumentality could assist the operator in avoiding the forfeiture.
(3) 
All actions commenced under this article shall be governed by the procedures enumerated in Article 13-A of the New York Civil Practice Law and Rules, where not specifically outlined herein.
(4) 
The seizing agency shall send notification of the seizure to all titled owners, registrants and lien holders on file with the New York State Department of Motor Vehicles at the address on file with the New York State Department of Motor Vehicles, or to any presumptive owner at the address provided by the presumptive owner to the seizing agency if no titled owner, registrant or line holder has been identified, by certified mail, return receipt requested, within 10 business days after the seizure. Such notification shall inform the recipient that there will be a hearing before a neutral magistrate to determine whether probable cause existed for the defendant having been issued a summons or an appearance ticket, or having been arrested for committing a crime, or in the event a person has fled the scene of a crime, leaving the ATV, UTV, or SxS vehicle behind, whether probable cause existed that the ATV, UTV, or SxS vehicle was used in the commission of a crime, whether the County is likely to succeed on the merits of the forfeiture action and whether retention is necessary to preserve the vehicle from destruction or sale during the pendency of the forfeiture proceeding, and whether any other measures would better protect the County's interest during the proceedings, including, but not limited to: a) issuance of a restraining order prohibiting the sale, transfer, or loss of the ATV, UTV, or SxS vehicle with imposition of appropriate penalties for violation of said restraining order; and/or b) taking of a bond.
(5) 
When a hearing is held, the neutral magistrate shall review the documents or other evidence supporting the probable cause for the determination that a crime was committed as defined herein and any other relevant documents and take any testimony to determine whether the seizing agency has sustained its burden of proof as set forth in Subsection C(4) of this section. If the seizing agency has met its burden of proof, the neutral magistrate shall authorize the continued retention of the property by the seizing agency pending a judicial determination of any civil forfeiture action. Nothing herein shall be construed to preclude a party with a legal interest in the seized property from commencing an action or proceeding in a court of competent jurisdiction for its return. The Suffolk County Executive shall designate neutral magistrates to conduct hearings in accordance with this subsection.
(6) 
No ATV, UTV, or SxS vehicle shall be forfeited under this article to the extent of the interest of an owner or lien holder by reason of any act or omission established by that owner or lien holder to have been committed without the knowledge of that owner or lien holder or without the consent of that owner or lien holder. The owner or lien holder must have taken all prudent steps to prevent the illegal use of his or her property. Willful disregard by the owner or lien holder of the acts giving rise to forfeiture shall not constitute a defense to such forfeiture.
(7) 
Any action to forfeit seized property under this article shall be commenced within 180 days after the disposition of the summons or appearance ticket or arrest for the crime or, in the instance where no summons or appearance ticket was issued or arrest was made, within the statute of limitations for the underlying crime when the property has first been seized under § 822-6A of this article, and said action shall be civil, remedial in nature, and shall not be deemed to be a penalty or criminal forfeiture for any purpose. An action under this article shall not be deemed a criminal proceeding of any type. The action shall be commenced in the manner prescribed by the New York Civil Practice Law and Rules. Potential claimants to the seized asset shall be served with a summons and notice or summons and verified complaint. No ATV, UTV, or SxS vehicle shall be forfeited without service of notice upon potential claimants to the seized ATV, UTV, or SxS vehicle and the opportunity for a hearing given prior to such forfeiture. Failure to commence such an action within the aforesaid time period shall result in the immediate return of the property to its lawful owner. The ATV, UTV, or SxS vehicle will be made available for release to the registered owner, or, if no registered owner has been identified, to the presumptive owner or to the otherwise identified owner producing proof of ownership, at the place of storage, subject to payment of reasonable and customary towing, maintenance, and storage fees to the date of release. In the event of a failure to take possession of the vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address of the registrant on file with the New York State Department of Motor Vehicles or another state's equivalent office, if not registered in New York, or to the known address of the presumptive owner if no registrant has been identified, whichever date is earlier, the vehicle will be forfeited.
(8) 
In order to establish its case in any action commenced under this article, the claiming authority shall demonstrate, by clear and convincing evidence, that the instrumentality in question is subject to forfeiture at the time of commission of the crime, as defined in this article, which precipitated the seizure or the commencement of an action for the seizure of the property without regard to the final determination of any criminal actions brought against the individual for such crime. The owner or lien holder of the ATV, UTV, or SxS vehicle shall then have the burden of proving a lack of knowledge or lack of consent on behalf of said owner or lien holder sufficient to constitute a defense to such forfeiture. If, after a seizure of property has been made under § 822-6A of this article, it is determined that the claiming authority has failed to meet its burden or the nonoperating owner has met the burden set forth hereinabove, then the ATV, UTV, or SxS vehicle which constitutes the instrumentality of an operation offense so seized shall immediately be returned to its lawful owner. The ATV, UTV, or SxS vehicle will be made available for release to the lawful owner at the place of storage, subject to payment of reasonable and customary towing, maintenance, and storage fees to the date of release. In the event of a failure to take possession of the ATV, UTV, or SxS vehicle within 60 days after actual notification or by certified mail, return receipt requested, sent to the address on file to the registered owner with the New York State Department of Motor Vehicles or another state's equivalent office, if not registered in New York, whichever date is earlier, then upon such failure the vehicle will be forfeited.
(9) 
All property seized pursuant to this article shall be subject to reasonable and customary towing, maintenance and daily storage fees as may be established by the Suffolk County Police Commissioner. Such fees shall be payable to the seizing agency prior to the release of said property or, in the event the instrumentality of the operation offense has been transferred to the custody of the Suffolk County Police Department by the seizing agency, such fees shall be payable to the Suffolk County Police Department prior to release of said property. The seizing agency, if other than the Suffolk County Police Department, shall be reimbursed up to $300 for towing and storage expense actually incurred, upon disposal of said instrumentality of the operation offense by the claiming authority, but said reimbursement shall not exceed money actually received by the Suffolk County Police Department for its disposition. All towing, storage, and maintenance fees collected shall be retained by the Suffolk County Police Department and shall be transferred into a police asset forfeiture fund in a separate nonlapsing appropriation for law enforcement purposes.
[Added 11-19-2002 by L.L. No. 27-2002; amended 12-6-2016 by L.L. No. 38-2016; 12-16-2025 by L.L. No. 8-2026]
Whenever ATVs, UTVs, or SxS vehicles are forfeited under this article, the County Attorney, or his or her respective designee, may transfer the ATV, UTV, or SxS vehicle to any County agency, department, or other political subdivision which demonstrates a public safety need for the ATV, UTV, or SxS vehicle so that the ATV, UTV, or SxS vehicle may be put into official use by that agency, department, or other political subdivision. Any ATV, UTV, or SxS vehicle that is not transferred pursuant to the provisions of this section shall be destroyed.
[Added 9-9-2011 by L.L. No. 43-2011; amended 12-16-2025 by L.L. No. 8-2026]
A. 
No person who has forfeited an ATV, UTV, or SxS vehicle pursuant to § 822-6 shall be eligible to purchase any ATV, UTV, or SxS vehicle from the County of Suffolk.
B. 
No person who has had an ATV, UTV, or SxS vehicle impounded or seized pursuant to § 822-6 shall be eligible to purchase any ATV, UTV, or SxS vehicle from the County of Suffolk until he or she has redeemed his or her ATV, UTV, or SxS vehicle in accordance with same.
[Added 11-19-2002 by L.L. No. 27-2002]
A. 
Nothing contained in this article shall require the County Attorney, or his or her respective designee, to commence a forfeiture action when, in his or her discretion, it is in the interests of justice not to commence such an action.
B. 
Nothing contained in this article shall require a court to order a forfeiture when it determines, in its discretion, that it is in the interests of justice not to do so.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed this subsection and which required that property impounded after seizure would remain in the custody of the seizing law enforcement agency except pursuant to a certificate ordering the release of the property and which set forth procedures for obtaining a certificate ordering the release of property, was repealed 9-7-2022 by L.L. No. 36-2022.
[Adopted 3-22-2011 by L.L. No. 33-2011]
A. 
This Legislature hereby finds and determines that Suffolk County has an extraordinary amount of public property that has been preserved for park and environmental uses by the state, County and local governments. This Legislature also finds and determines that, in the 1990s, all-terrain vehicles became a common hobby in Suffolk County, with many people taking these vehicles off-road through public and private property. This Legislature further finds and determines that in the late 1990s and early part of this decade, Suffolk County passed laws regulating the use of all-terrain vehicles on public and private property in an effort to protect these lands. This Legislature finds that protected areas of the Pine Barrens have recently sustained damaged from four-wheel-drive passenger vehicles and motorcycles driving off-road throughout the area. This Legislature determines that these vehicles disturb soil, uncover underground power lines, and otherwise damage environmentally sensitive properties. This Legislature also finds that Suffolk County should regulate the off-road use of four-wheel-drive vehicles and motorcycles to protect the public safety, environment, and general welfare of the County and its residents.
B. 
Therefore, the purpose of this article is to regulate the use of four-wheel-drive vehicles and motorcycles off public highways, prohibiting their use on public property and requiring written consent of private property owners prior to operating such vehicles off-road.
[Amended 12-16-2025 by L.L. No. 8-2026[1]]
As used in this article, the following terms shall have the meanings indicated:
CRIME
A third conviction for a violation of this article after having been twice convicted of such violations within the previous five years.
ELECTRIC BICYCLE or MOTORIZED BICYCLE
A two- or three-wheeled vehicle with fully operable pedals and an electric motor, which can be powered by the electric motor and/or human power, and which does not otherwise qualify for registration as a motorcycle under New York State law.
ELECTRIC SCOOTER or MOTORIZED SCOOTER
A device that (a) has handlebars, a floorboard or a seat, that can be stood or sat upon by the operator, and an electric motor, which (b) can be powered by the electric motor and/or human power, and which does not otherwise qualify for registration under New York State law.
FOUR-WHEEL-DRIVE VEHICLE
Any motor vehicle, as defined in § 125 of the New York State Vehicle and Traffic Law, which has four-wheel or all-wheel driving technology and is designed to be used both on and off public highways. This term shall not include any tractors, farm equipment or any vehicles used for law enforcement, fire, emergency or military purposes.
MOTORCYCLE
Any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. This term shall not include tractors.
NON-FOUR-WHEEL-DRIVE VEHICLE
Any motor vehicle, other than a four-wheel-drive vehicle, which is designed to be used both on and off public highways and which otherwise meets the definition of "motor vehicle" as set forth in § 125 of the New York State Vehicle and Traffic Law. This term shall not include any tractors, farm equipment or any vehicles used for law enforcement, fire, emergency or military purposes.
OPERATE
To ride in, use or control the operation of a prohibited vehicle.
OPERATOR
Any person who operates or is in physical control of a prohibited vehicle.
PERSON
A natural individual. This term shall not include a police officer, peace officer or member of the United States Armed Forces acting within the scope of his or her public employment or duties.
PROHIBITED VEHICLE
Any electric bicycle or motorized bicycle, electric scooter or motorized scooter, four-wheel drive vehicle, motorcycle, or non-four-wheel-drive off-road vehicle as defined herein.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway or any other public way.
SELL
To sell, exchange, give or dispose of to another, or to offer to agree to do the same for good and valuable consideration.
[1]
Editor's Note: This local law also amended the title of this Art. II from "Off-Road Use of Four-Wheel-Drive Vehicles and Motorcycles" to its current title.
[Amended 12-16-2025 by L.L. No. 8-2026]
A. 
Public property. No person shall operate a prohibited vehicle off a public highway on public property in the County of Suffolk. This restriction shall not apply to persons who have a valid permit from the appropriate jurisdiction to engage in off-road driving.
B. 
Private property. No person shall operate a prohibited vehicle off a public highway on private property in the County of Suffolk unless he or she has first obtained the express written consent of the property owner to operate the vehicle on the property. There shall be a rebuttable presumption that the operator of a prohibited vehicle off a public highway on private property in Suffolk County lacks the consent to operate the vehicle if the operator cannot produce written consent from the property owner.
[Added 12-16-2025 by L.L. No. 8-2026]
A. 
No minor shall operate a prohibited vehicle except upon lands owned or leased by the minor's parent or guardian, unless the minor is under the supervision of a person aged 18 years or older. "Leased lands" as herein used shall not include lands leased by an organization of which the minor operator or the minor's parent or guardian is a member.
B. 
No parent or guardian shall authorize, knowingly permit, or fail to exercise diligent supervision to prevent, the operation of a prohibited vehicle by the parent or guardian's child or ward in violation of § 822-11(A) or (B).
C. 
No owner or other person in possession of any prohibited vehicle shall authorize, knowingly permit, or fail to exercise diligent supervision to prevent, the operation of a prohibited vehicle by a minor in violation of § 822-11(A) or (B), regardless of whether the minor operator is the child or ward of the owner or other person in possession of the prohibited vehicle.
[Amended 12-16-2025 by L.L. No. 8-2026]
A. 
A violation of § 822-11(A) or (B) or § 822-11.1(A) or (B) or (C) of this article shall be a criminal violation, the first conviction for which shall be punishable by a fine no less than $250 nor greater than $500. A second conviction within five years of an initial violation shall be punishable by a fine not less than $750 nor greater than $1,500.
B. 
Any third or subsequent violations of this article within a five-year period shall constitute an unclassified misdemeanor and shall be punishable by a fine of up to $5,000 and/or up to one year's imprisonment.
C. 
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 found guilty of a violation of this article 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.
D. 
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 found guilty of a violation of this article shall be responsible for restitution for any damage caused to real property or improvements located thereon owned and/or operated by the County of Suffolk. 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.
[Amended 12-16-2025 by L.L. No. 8-2026]
A. 
Impoundment; redemption. In addition to the penalties set forth in § 822-12 of this article, a police officer or peace officer may immediately impound a prohibited vehicle operated in violation of § 822-11(A) or § 822-11.1(A) or (C) of this article. Such impounded vehicle shall be stored by the pertinent police department or enforcement agency pending identification of the owner as registered with the New York State Department of Motor Vehicles. Such titled owner shall be sent notice of such impoundment (the "notice of impoundment") at the address on file with the New York State Department of Motor Vehicles by certified mail within 10 days after the impoundment. The law enforcement agency shall not be responsible for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the vehicle utilized in violation of this article may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $500. Such impounded vehicle may only be released to the owner of the vehicle or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney. An impounded prohibited vehicle shall remain stored by the pertinent police department or enforcement agency for 120 days following the date upon which the notice of impoundment is sent via certified mail (the "notice date"). Any impounded prohibited vehicle which has not been redeemed within 120 days of the notice date shall be deemed forfeited and shall be subject to disposal in accordance with § 822-14.
B. 
If a prohibited vehicle is seized in accordance with § 822-13(A) and the prohibited vehicle is not registered in New York State and/or is not otherwise identified with the New York State Department of Motor Vehicles, it shall be the obligation of the operator (the "operator in violation") of the prohibited vehicle who received the summons or appearance ticket for a violation of § 822-11(A) or (B), or § 822-11.1(A) or (B) or (C), to inform the pertinent police department or enforcement agency of the identity of the owner, and/or to notify the owner of the vehicle's impoundment, within 30 days of receipt of the summons or appearance ticket. If the operator in violation fails to provide the identity of the owner to the pertinent police department or enforcement agency within 30 days of receipt of the summons or appearance ticket, and/or the owner fails to make themselves known to the pertinent police department or enforcement agency within 60 days of the issuance of the summons or appearance ticket to the operator in violation, and the pertinent police department or enforcement agency is otherwise unable to identify the owner, the operator in violation shall be determined to be the presumptive owner of the prohibited vehicle and shall be subject to all of the forfeiture procedures as set forth in § 822-13(A), § 822-13(C), and § 822-14.
C. 
Any prohibited vehicle operated in violation of § 822-11(B) or § 822-11.1(B) of this article shall be subject to seizure by any peace officer or police officer acting pursuant to his or her special duties, upon probable cause to believe that a crime, as defined in § 822-11(B) or § 822-11.1(B), has been committed, and may be forfeited as hereafter provided. If the prohibited vehicle is not forfeited, the owner may redeem the vehicle only upon payment of all costs incurred for towing, storage and maintenance. Failure to commence a forfeiture action within 120 days after the seizure shall result in the immediate return of the prohibited vehicle to its lawful owner as of the time of the seizure.
(1) 
A civil action shall be commenced by the County Attorney, or his or her designee, against a criminal defendant to forfeit a seized prohibited vehicle if it can be demonstrated that the vehicle was seized in connection with the violation of this article by an individual who has been twice convicted of violating this article within the previous five years, except that no vehicle shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than the owner while the subject property was unlawfully in the possession of a person other than the owner.
(2) 
A civil action may also be commenced against a noncriminal defendant to forfeit a prohibited vehicle used in the violation of this article subject to the same exceptions contained in Subsections A and B of this section.
(3) 
All actions commenced under this article shall be governed by the procedures enumerated in Article 13-A of the New York Civil Practice Law and Rules, where not specifically outlined herein.
(4) 
The seizing agency shall send notification of the seizure to all titled owners, registrants and lien holders on file with the Department of Motor Vehicles by certified mail, return receipt requested, within five business days after the seizure. Such notification shall inform the recipient that there will be a hearing promptly scheduled before a neutral magistrate to determine whether probable cause existed for the seizure, whether the County is likely to succeed on the merits of the forfeiture action, and whether retention is necessary to preserve the vehicle from destruction or sale during the pendency of the forfeiture proceeding.
(5) 
When an administrative preliminary hearing is held, the administrative hearing officer shall review the documents supporting the seizure and any other relevant documents and take any testimony to determine whether there is probable cause to believe that the property was used, was attempted to be used, or was intended to be used in the violation of this article. If probable cause is established by the claimant, the hearing officer shall authorize the seizure and continued retention of the property by the seizing agency pending a judicial determination of the ancillary civil forfeiture action. The administrative hearing officer shall render a ruling within five business days after such hearing, with a copy of such ruling to be provided to all parties.
(6) 
No prohibited vehicle shall be forfeited under this article to the extent of the interest of an owner or lienholder by reason of any act or omission established by that owner or lienholder to have been committed without the knowledge of that owner or lienholder. The owner or lienholder must have taken all prudent steps to prevent the illegal use of his or her property. Willful disregard by the owner or lienholder of the acts giving rise to the forfeiture shall not constitute a defense to such forfeiture. An owner or lienholder found to be in violation of § 822-11.1(A) or (B) or (C) will be subject to forfeiture regardless of whether the owner or lienholder had actual knowledge of use of his or her property by a minor.
(7) 
Any action to forfeit a seized prohibited vehicle under this article shall be commenced within 120 days after the seizure, and said action shall be civil, remedial in nature, and shall not be deemed to be a penalty or criminal forfeiture for any purpose. An action under this article shall not be deemed a criminal proceeding of any type. The action shall be commenced in the manner prescribed by the New York Civil Practice Law and Rules. Potential claimants to the seized asset shall be served with a summons and notice or summons and verified complaint. No prohibited vehicle shall be forfeited without service of notice upon potential claimants to the seized vehicle and the opportunity for a hearing given prior to such forfeiture.
(8) 
In order to establish its burden of proof in any action commenced under this article, the County shall demonstrate, by clear and convincing evidence, that the prohibited vehicle in question is subject to forfeiture at the time of commission of the crime which precipitated the seizure or the commencement of an action for the seizure of the property without regard to the final determination of any criminal action brought against the individual for such crime. The owner or lienholder of the vehicle shall then have the burden of providing a lack of knowledge or lack of consent on behalf of said owner or lienholder sufficient to constitute a defense to such forfeiture. An owner or lienholder found to be in violation of § 822-11.1(A) or (B) or (C) will be subject to forfeiture regardless of whether the owner or lienholder had actual knowledge of use of his or her property by a minor.
(9) 
All prohibited vehicles seized pursuant to this article shall be subject to reasonable and customary towing and daily storage fees. Such fees shall be payable to the seizing agent prior to the release of said property.
[Amended 12-16-2025 by L.L. No. 8-2026]
A. 
Whenever prohibited vehicles are forfeited under this article, the County Attorney, or his or her respective designee, may:
(1) 
Transfer the vehicle to any County agency, department or other political subdivision which demonstrates a need for the vehicle so that the vehicle may be put into official use by that agency, department or other political subdivision.
(2) 
Sell any forfeited vehicle which is not required to be destroyed by the law and which is not harmful to the public.
(3) 
Transfer the vehicle to any County-funded agency or organization demonstrating need for the vehicle so that the vehicle may be put into use by the funded agency or organization in the regular course of business of that funded agency or organization. Any such transfer of forfeited vehicles under this subsection may result in an in-kind deduction from those funds paid by the County to the specific agency or organization.
B. 
Any funds generated by the sale of forfeited vehicles, minus the necessary expenses incurred in connection with the maintenance, storage and sale of the vehicles prior to disposition and the satisfaction of any valid liens on said vehicles, shall be distributed as follows:
(1) 
Twenty percent to the Office of the County Attorney to offset costs and expenses incurred in the investigation, preparation, and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical staff, and investigative personnel devoted thereto;
(2) 
Ten percent to the Sheriff's Department to offset costs and expenses incurred in the service of process of the civil forfeiture actions, including that proportion of the salaries of the personnel devoted thereto;
(3) 
Thirty percent shall be deposited into an asset forfeiture fund in a separate, nonlapsing law enforcement purposes subaccount of the seizing law enforcement agency; and
(4) 
Forty percent shall be deposited into an asset forfeiture fund in a separate, nonlapsing law enforcement purposes subaccount of the Suffolk County Parks Department.
A. 
Nothing contained in this article shall require the County Attorney, or his or her respective designee, to commence a forfeiture action when, in his or her discretion, it is in the interests of justice not to commence such an action.
B. 
Nothing contained in this article shall require a court to order forfeiture when it determines, in its discretion, that it is in the interests of justice not to do so.
C. 
Any property so impounded after seizure shall remain in the custody of the seizing law enforcement agency, except pursuant to a certificate which orders the release of the property in the interest of justice or a showing of legal impediment and subject to the post-seizure retention hearing authorized under § 822-13B of this article. In order to obtain such a certificate, a party alleging a legal interest in the property seized may commence a special proceeding, in the court in which the forfeiture action may be commenced, requesting the issuance of such a certificate on notice to Suffolk County or by filing an appropriate motion after Suffolk County has commenced an action to forfeit the property. In either event, it shall be the obligation of Suffolk County to provide notice of the proceeding to any other parties known to Suffolk County at the time of the proceeding to have a legal interest in the property. The court shall render a ruling in such special proceeding or motion within five business days after such filing or hearing, whichever event occurs last.