[HISTORY: Adopted by the Town Board of the Town of Mamakating 6-2-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
The Town Board of the Town of Mamakating hereby finds that the
use of all-terrain vehicles (ATVs) on Town-owned property, including
but not limited to Town parks and pedestrian and bicycle paths, 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 Town and its residents and property owners. Regulation of the
use of ATVs will help protect Town-owned property, Town residents
and others who use Town property 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 on
and near Town-owned property.
As used in this chapter, the following terms shall have the
meanings below:
Any all-terrain vehicle or similar vehicle that is motor-propelled
or contains a motor to assist the operation of said vehicle, including
vehicles commonly referred to as "dirt bikes," "minibikes," "trail
bikes," "motorized sport bikes," "Go-Karts," "all-terrain vehicles,"
"trikes," "quads," "snowmobiles," "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 governmental, police, fire or safety vehicles used in
an official capacity.
All land and buildings in the Town of Mamakating not included
in the definition of "Town property."
Lands and buildings, including but not limited to lands held
in fee ownership, easement ownership or lease, or highways by use,
including but not limited to parks, trails and roadways of the Town
of Mamakating.
It shall be unlawful to operate an ATV in the following locations
and/or manner:
A.
Upon Town property at any time without express written consent or
permit issued by the Town and the property owner. Any such consent
or permit must be filed with the Town Clerk.
B.
Upon private property in a manner that is disturbing or bothersome
to persons using or occupying Town property.
C.
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.
D.
On or near any Town roadway so as to cause operators of other motor
vehicles to take evasive or irregular action to avoid danger of collision
with an ATV.
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, the Town may notify his parent, guardian or any other
person having the care, custody or control of the child.
A.
A police officer, Code Enforcement Officer/Building Inspector or
Town Highway Superintendent or his designee (each an "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; or
(2)
The operator of the ATV has no evidence of permission to operate
the ATV on public property; or
(3)
The ATV was operated in violation of any provision of this chapter
or of any state law or regulation; or
(4)
The operator acknowledges that he violated any provision of this
chapter or of state law or regulation; or
(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 upon payment of an impoundment fee of $500, plus any towing
and storage fees, which payment(s) shall be delivered to the Town
Clerk. The impoundment fee may be amended from time to time by resolution
of the Town Board.
D.
The officer may release the ATV in the absence of a court order if
the officer deems that there is no further need of the vehicle for
evidentiary purposes or identification, subject to payment of fees
for storage, transport and impoundment.
This chapter shall be enforced by any officer and by any other
police agency with jurisdiction. The officer or other police agency
shall have the right and authority to issue an appearance ticket or
simplified appearance ticket pursuant to law.
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 $1,500 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. There is no requirement
to issue a notice of violation each day a violation accrues or continues.
A single notice of violation, information or other document may allege
violations on more than one date.
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
or property damage. 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 and public works activity.
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 the same, 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 local law.
