[Added 8-2-2005 by L.L. No. 43-2005]
The Town Board of the Town of Riverhead recognizes the potential adverse impact the negligent use of recreational motor vehicles, especially but not limited to all-terrain vehicles (ATVs), has on the general peace, welfare and good order of the residents of the Town. The Town Board further realizes the potential for such negligence to damage public and private property. Therefore, the Town Board deems it appropriate to control the use of recreational motor vehicles as set forth herein.
In this article, unless the context requires otherwise, the following terms shall have the meanings indicated:
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of a recreational motor vehicle in any manner, whether or not said recreational vehicle is under way.
OPERATOR
The individual person operating the recreational vehicle, whether or not he or she is the owner of the recreational vehicle.
PUBLIC PROPERTY
All 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 Riverhead, other political subdivisions or agencies or public authorities thereof, located within the Town of Riverhead, including public highways.
[Amended 11-20-2007 by L.L. No. 39-2007]
RECREATIONAL MOTOR VEHICLE
Includes off-road motorcycles, minibikes, trail bikes, motorbikes, trikes, quads, and other self-propelled two-, three- and four-wheeled vehicles or any other vehicle manufactured for sale for operation primarily on off-highway trails or 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; provided, however, that this definition shall not include a snowmobile or other self-propelled vehicle manufactured for off-highway use which utilizes the endless belt tread.
[Amended 3-22-2023 by L.L. No. 5-2023]
No person shall drive, operate, ride upon or permit to be driven or operated or ridden upon any recreational motor vehicle as defined in this article under any of the following circumstances:
A. 
On the private property of another without the express prior written consent containing the telephone number of the owner or the occupant of such property or verbal consent if in the presence of said owner or occupant. Such consent may be revoked at any time by the grantor thereof. Where express prior written consent has been obtained, the operator shall keep such consent on his person and available for immediate display at all times during the period of such operation. Failure to produce such express prior written consent upon demand therefor by any peace or police officer shall be a rebuttable presumption that such consent has been neither given nor received.
B. 
On any public grounds or property within the Town of Riverhead.
C. 
In such manner as to violate Chapter 251, Article I, Noise, of the Town Code of the Town of Riverhead. No person shall operate a recreational motor vehicle before the hour of 9:00 a.m. or after sunset.
D. 
In a careless, reckless or negligent manner.
E. 
In any environmentally sensitive area regulated under Chapter 219, Coastal Erosion Hazard Areas; Chapter 295, Wetlands; or Chapter 301, Part 2, Article XLI, Pine Barrens Overlay District, of the Town Code of the Town of Riverhead.
F. 
Without having attained the age of 18 or, if under 18, without the accompaniment of a parent or guardian who has attained the age of 18.
A. 
Penalties for offenses are as follows:
(1) 
For a first conviction: a fine of $250.
(2) 
For a second conviction: a fine of $500.
(3) 
For a third and subsequent conviction: a fine of $1,000.
B. 
Impoundment.
(1) 
A recreational motor vehicle may be immediately impounded if it is being used in a manner which can be considered a violation of this article. Such impounded recreational motor 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 at the address on file with the New York State Department of Motor Vehicles by certified mail within five 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 recreational motor vehicle utilized in violation of this article may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $500 in addition to all applicable impound and storage fees. Such impounded recreational motor vehicle may only be released to the owner of the recreational motor vehicle or to his or her agent as evidenced by written, notarized agent agreement or duly executed power of attorney.
(2) 
If a person having two or more convictions under this article is issued a subsequent citation for violating this article, the recreational motor vehicle noted in the citation shall be immediately impounded. Such impoundment shall follow the procedures set forth in Subsection B(1) above.
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 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 the age of 18 years of age.
The provisions of this article shall be enforced by any police officer, peace officer, Bay Constable, Fire Marshal, or Code Enforcement Officer.