[HISTORY: Adopted by the Town Board of the Town of Crawford 3-20-2014 by L.L. No.
2-2014. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 130.
The Town Board of the Town of Crawford hereby finds that the
use of ATVs in the Town without regard for the noise, dirt and dust
caused by the operation of ATVs, or 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 Crawford 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," "GoKarts," "all-terrain vehicles," "trikes,"
"quads," "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, 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 Crawford 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 Crawford.
[Amended 8-27-2015 by L.L. No. 5-2015]
It shall be unlawful, and a violation of this chapter, to operate
an ATV in the following locations and/or manner:
A.
Upon Town-owned 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.
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 vehicles,
it shall be unlawful to operate said vehicle without proper registration,
licensing and insurance.
C.
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.
D.
In a manner that is disturbing or bothersome to adjoining property
owners, by reason of resulting noise, dust, or other condition arising
from the operation of such vehicles.
E.
In a repetitive or continuous manner that is disturbing or bothersome
to nearby property owners, by reason of resulting noise, dust or other
conditions arising from the operation of such vehicles.
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 at a noise level of 80 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.
While under the influence of alcohol or drugs as defined in the state
Vehicle and Traffic Law.
L.
Between the hours of 10:00 p.m. and 7:00 a.m., prevailing time, except
for the routine maintenance of property, including snowplowing and
leaf removal, and for routine activities for bona fide agricultural
operations.
M.
Excluding the residence of the operator or operator's immediate
family, within 150 feet of any residence or, if the lot upon which
the ATV is operated is located in the Pine Bush Water and/or Sewer
District, within 100 feet of any residence.
N.
Unless the operator of the ATV has obtained the written consent of
the owners of the adjoining property, within 100 feet of any property
line if the ATV is operated on a lot having a lot area of 2.5 acres
or more or, if the ATV is operated on a lot having a lot area of less
than 2.5 acres, within 50 feet of any property line.
O.
Upon any property that is posted with signs prohibiting trespassing
or ATV use.
[Added 8-27-2015 by L.L. No. 5-2015]
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 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 the prior payment of fees for storage, transport and impoundment.
A.
This chapter may be enforced by the Town of Crawford 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 the property is
posted with "No Trespassing" or "No ATVs" sign(s) and 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,
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, public works activity and any
other such use or activity approved by the Town of Crawford.
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 this chapter, 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 of Crawford local law.
