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.
The provisions of this article shall be enforced by any police
officer, peace officer, Bay Constable, Fire Marshal, or Code Enforcement
Officer.