[Added 12-28-2009 by L.L. No. 11-2009; amended 10-13-2020 by L.L. No. 3-2020]
The Common Council of the City of Port Jervis recognizes the
potential adverse impact caused by the misuse of all-terrain vehicles,
motorized bicycles and snowmobiles; and, therefore, deems it appropriate
to control their use in a manner compatible with the health, safety
and general welfare of the residents of the City and to property within
the City as set forth herein.
For the purposes of this article, the following terms are defined
as follows:
To be within a reasonable distance of the person accompanied,
as to be able to communicate by direct conversation (not phone or
other communications device) and direct their actions.
Any self-propelled vehicle manufactured for operation primarily
on off-highway trails or in off-highway competitions and which is
only incidentally operated on public highways, provided that such
vehicle does not exceed 60 inches in width or 800 pounds dry weight.
Included within such definition are vehicles commonly referred to
as dirt bikes, minibikes, go-carts, dune buggies, trail bikes and
mopeds.
The City of Port Jervis, New York.
All land owned or leased by the City of Port Jervis, including
City highways and roads, trails and parklands, and any private land
over which the City of Port Jervis possesses an easement.
Any bicycle with an attached motor, engine and/or transmission
which is gas powered and has foot pedals that can assist with propelling
the bicycle.
That portion of a highway immediately adjacent to the side
of a roadway, customarily used for emergency travel or parking.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported in whole or in part
by one or more skis, belts or cleats.
All all-terrain vehicles and motorized bicycles must be registered
and permitted as required under Article 48-B of the Vehicle and Traffic
Law of the State of New York or other applicable provisions of the
NYS Vehicle and Traffic Law.
It shall be unlawful to operate an ATV, motorized bicycle or
snowmobile upon any City property, as defined herein.
A.
Snowmobiles, motorized bicycles and all-terrain vehicles shall not
be operated on state, county or City streets/highways, including the
shoulders thereof, in the City of Port Jervis.
B.
Emergencies. When authorized or directed by the Mayor in a declared
emergency, or emergency situation, a snowmobile, all-terrain vehicle
or motorized bicycle may be operated on the affected portions of City,
county or state roads/highway for the purpose of a special emergency.
C.
Police and emergency personnel. The provisions of this article shall
not apply to the operation of a snowmobile, motorized bicycle or ATV
by a police officer, firefighter, or other such emergency personnel
or government employee in the conduct of his or her official duties.
The use and operation of snowmobiles, all-terrain vehicles and
motorized bicycles are prohibited within any City park or playground
and any public land within the City, except where posted for such
use, or by resolution of the Common Council and then only in conformance
with the terms and conditions stated for such use.
A.
A person shall be allowed to operate a snowmobile, ATV or motorized
bicycle for sport or recreational use only if such use is in excess
of 1,000 feet from any dwelling and occurs between the hours of 11:00
a.m. and 5:00 p.m. Any other such operation for sport or recreational
use except for the purposes of loading and unloading shall be prohibited.
B.
It shall be unlawful for any person to operate, and any owner thereof
to permit to be operated, a snowmobile, motorized bicycle or ATV on
any street or public land or public place in the City where permitted,
unless the owner or operator of such machine is insured against public
liability and carries proof of such insurance. Such proof shall be
promptly displayed by the owner/operator upon request to any law enforcement
officer or to any person who has suffered or claims to have suffered
either personal injury or damage to property as a result of the operation
of such machine by said owner/operator. The failure to produce such
proof shall be presumptive evidence of operating the machine without
insurance against public liability.
C.
The operator of an ATV, motorized bicycle or snowmobile shall wear
a helmet upon his/her head and goggles or face shields upon his/her
face, such as approved by the Department of Motor Vehicles of the
State of New York.
D.
No person shall operate an ATV, motorized bicycle or snowmobile on
or in any open waters, streams, or wetlands.
E.
No person shall operate an ATV, motorized bicycle or snowmobile in
violation of regulations of the Department of Motor Vehicles of the
State of New York. Should DMV require registration or licensing of
such machine, then it shall be unlawful to operate said machine without
proper licensing and registration.
A.
For any violation of the terms of this article, prohibited acts,
and conditions of use, the offender shall be liable for a penalty
not to exceed $250 for a first offense and $500 for a second offense
and any subsequent offense within a twelve-month period measured from
the date of the first alleged violation of this article.
B.
Aggravated offense. It shall be an aggravated offense of this article
if the use of the vehicle results in damages to any property or persons.
The person found to have committed an aggravating offense shall be
subject to doubling of the fines set forth hereinabove.
A.
In addition to the penalties set forth in this article, a police
officer or peace officer may immediately impound or cause to be removed
the ATV, motorized bicycle or snowmobile if:
B.
The period of impoundment for the ATV, motorized bicycle or snowmobile
shall be for such period of time as is necessary for police purposes,
which shall include the use of the machine for identification or evidence
in any court action. Any ATV, motorized bicycle, or snowmobile released
from impoundment shall only be done so with the approval of the Police
Department in compliance with its procedures.
C.
In the case of a second or subsequent violation by the same person,
the court may order the confiscation of said ATV, motorized bicycle,
or snowmobile in lieu of or in addition to any fine and/or imprisonment.
Any ATV, motorized bicycle or snowmobile which is confiscated pursuant
to this section will be sold at public auction according to the appropriate
procedures and law affecting public auctions by a municipality.
Nothing herein shall prohibit or excuse the obligation of individuals
to comply with the provisions of the Vehicle and Traffic Law of the
State of New York regarding the vehicles and operation of same herein.
