The Town Board of the Town of North Hempstead hereby finds that
the operation of all-terrain vehicles on Town property poses an unacceptable
risk of serious injury or death for Town residents and causes economic
and environmental damage to public parks, sports facilities, recreation
areas, natural habitats and nature preserves. The Board further finds
that the operation of all-terrain vehicles causes destruction to the
native flora and fauna, soil compaction and erosion, as well as noise
pollution to surrounding neighborhoods. It is the intent of this chapter
to ensure public safety, environmental protection and the general
welfare of the Town and its residents by restricting the use and operation
of all-terrain vehicles on Town property and authorizing the police
to impound such vehicles when operated in violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE or ATV
Any self-propelled vehicle which is made or manufactured
for operation primarily on off-highway trails or in off-highway competitions,
or in dirt, sand, grass, up and down hills and in similar-type areas
and which is only incidentally operated on public highways, provided
that such vehicle does not exceed 70 inches in width or 1,000 pounds'
dry weight. This definition shall also include any motorized dirt
bike, snowmobile or other self-propelled tracked vehicle which is
made or manufactured for operation primarily on off-highway trails
or in off-highway competitions. This definition does not include golf
carts, lawn tractors, lawn mowers, and battery-operated vehicles.
COMMISSIONER
The Commissioner of the Department of Parks and Recreation
of the Town of North Hempstead or his or her designee.
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 the ATV is in
motion.
OPERATOR
Every person who operates or is in actual physical control
of an ATV.
TOWN
The Town of North Hempstead.
TOWN PROPERTY
All real property owned or leased by the Town, including
but not limited to parks, together with all of the driveways, parking
areas and grounds surrounding the same.
It shall be unlawful for any person to operate an ATV on, over
or across any Town property.
This chapter shall not apply 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
or her 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.
This chapter shall be enforced by Town Code Enforcement Officers,
as well as police officers having jurisdiction. Such officers shall
have the authority to enforce the provisions of this chapter and issue
an appearance ticket pursuant to law.
Any person or persons who shall violate any of the provisions
of this chapter shall be punished as follows:
A. For conviction of a first offense, by a fine of not less than $500
and not more than $1,500 or by imprisonment not exceeding 15 days,
or by both.
B. For conviction of the second of two offenses, both of which were
committed within a period of five years, by a fine of not less than
$1,500 and not more than $3,000 or by imprisonment not exceeding 15
days, or by both.
C. For conviction of a third or subsequent offense, all of which were
committed within a period of five years, by a fine of not less than
$5,000 and not more than $10,000 or by imprisonment not exceeding
15 days, or by both.
D. The parent or legal guardian, other than a state or local social
services department foster parent having custody, of any unemancipated
person under the age of 16 years found guilty of a violation of this
chapter 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
reasonable supervision over the activities of the person under the
age of 16 years.
E. The parent or legal guardian, other than a state or local social
services department foster parent having custody, of any unemancipated
person under the age of 16 years found guilty of a violation of this
chapter shall be responsible for restitution for any damage caused
to real property or improvements located thereon owned and/or operated
by the Town. In no event shall it be a defense that the parent or
legal guardian has exercised reasonable supervision over the activities
of the person under the age of 16 years.
Should any section or portion of this chapter conflict with
the laws of the State of New York applicable to the operation, registration,
ownership or control of ATVs, the laws of the State of New York shall
take precedence.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section, word or part of this chapter
directly involved in the controversy in which judgment is rendered.