As used in this article, the following terms shall have the
meanings indicated:
ATV
Any all-terrain vehicle as defined in § 2281 of
the Vehicle and Traffic Law of the State of New York.
RESIDENCE
Any dwelling or dwelling unit located in the Town of Hyde Park as defined in §
108-2.2, Definitions, of the Zoning Law of the Town of Hyde Park.
It shall be unlawful for any person:
A. To operate nonexempt ATVs upon public property without written consent
of the agency in whose name the title to the land rests;
B. To operate nonexempt ATVs on private property other than private
property owned by the nonexempt ATV operator or the operator's immediate
family without the written consent of the owner(s) of such private
property. Such written consent must be dated and signed by the record
owner(s) of the private lands where the ATV is being used, and must
be carried on the person of an ATV operator at all times the ATV is
being operated;
C. To operate a nonexempt ATV between 8:00 p.m. and 9:00 a.m.;
D. To operate nonexempt ATVs that do not comply with the requirements
and regulations of the Department of Motor Vehicles of the State of
New York, including insurance and registration of such vehicles;
E. No person shall operate any nonexempt ATV vehicle in the Town of
Hyde Park upon private real property within 500 feet of a residence
other than a residence on which the ATV is being operated at any time,
regardless of whether such vehicle is licensed, unlicensed, registered
or unregistered by the New York State Department of Motor Vehicles,
unless such use is exempt;
F. To operate an ATV on public or private property in such a way as
to harass, worry or disturb farm animals, domestic animals or wildlife;
G. To operate any ATV within the Town of Hyde Park on private property
without a properly functioning muffler system which meets the muffler
standards specified in New York State Vehicle and Traffic Law § 2406(1)(b);
H. To operate an ATV near any public roadway so that the operation of
such ATV creates a hazard to traffic;
I. To operate an ATV 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.
J. To operate an ATV that is not in safe operating condition. All ATVs
must have original operating equipment specified and supplied by the
manufacturer or replacement equipment that is functionally equivalent
to the specifications of the manufacturer of the ATV;
K. To operate an ATV on any private street or right-of-way in the Town
without the written consent of the owner of the private street or
right-of-way. Such written consent must be dated and signed by the
record owner(s) of the private street or right-of-way where the ATV
is being operated, and must be carried on the person of the ATV operator
at all times the ATV is being operated;
L. To operate an ATV in a careless, reckless, or negligent manner that
may endanger the safety of any person, including the operator himself,
or the property of any person;
M. To operate an ATV while under the influence of alcohol or drugs in
violation of § 1192 or 1192-a of the Vehicle and Traffic
Law;
N. For a parent or guardian to authorize or knowingly permit a child
under 16 years of age to operate an ATV in violation of any provision
of this chapter; and
O. For the owner or any other person in possession of an ATV to authorize
or knowingly permit a child under 16 years to operate such ATV in
violation of any provision of this chapter.
No owner, resident, or person in control of private real property within the Town of Hyde Park shall use or permit the use of any ATV on such real properly unless such use is exempt or in compliance with the provisions of §
104-22.
The following uses of ATVs are exempt from the provisions of
this article:
A. The operation of publically owned and emergency vehicles and ATVs
by public officers, public officials or emergency personnel in the
course and scope of their duties.
B. The operation of any ATV for the purpose of repairing or servicing
it, or for the otherwise lawful maintenance, plowing, construction,
repair, remodeling or grading of any structure or real property.
Duly sworn police officers of the Town of Hyde Park and other
duly sworn law enforcement officers with jurisdiction in the State
of New York are empowered to enforce this chapter. Law enforcement
officers shall from time to time check the registration and insurance
documents for an ATV being operated in the Town of Hyde Park. Law
enforcement officers shall be authorized to stop any ATV that is being
operated on private property for the purpose of determining if the
operator possesses the required written consent of the property owner(s)
to operate an ATV on such private property.
Any law enforcement officer is authorized to issue appearance
tickets for violations of this chapter to operators and owners of
ATVs and may file an accusatory instrument with the Town Justice Court
pursuant to the rules contained in the Criminal Procedure Law.