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:
ATV
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.
PRIVATE PROPERTY
All land and buildings in the Town of Mamakating not included
in the definition of "Town property."
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.
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.
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.