[HISTORY: Adopted by the Common Council of the City of Middletown 10-20-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 169, but was renumbered to fit into the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
ATV
Any all-terrain vehicle that is motor-propelled or contains a motor to assist the operation of said vehicle, and which vehicles are commonly referred to as "dirt bikes," "minibikes," "trail bikes," "motorized sport bikes," "go-karts," "all-terrain vehicles (ATVs)," "trikes," "quads," "dune buggies," "utvs," "side by sides," and "golf carts," etc., which vehicles, by their nature and design, are not intended to be used and operated on or along paved roads and highways but are intended, rather, to be operated in dirt, sand, up and down hills, along trails and in similar-type areas.
PRIVATE PROPERTY
All land and buildings in the City of Middletown not included in the definition of "public property" nor part of the public road system.
PUBLIC PROPERTY
Lands and buildings, including City parks, owned or leased or operated pursuant to easement by the City of Middletown, any school district property, or any property owned or leased by the County of Orange or the State of New York or any other equivalent body. This definition specifically excludes any public roadways owned or maintained by any of the aforementioned public entities.
It shall be unlawful to operate an ATV in the following locations and/or manners:
A. 
Upon public property at any time without express consent or permit issued by the governmental agency in control of said property.
B. 
Upon private property (other than that private property owned by the family of the operator) without the written consent of all the owners of the private property. Written consent must be carried with all ATV operators at all times.
C. 
In violation of New York Vehicle and Traffic Law, Title XI, Article 48C, and the rules and regulations of the Department of Motor Vehicles of the State of New York. Should the Department of Motor Vehicles require registration or licensing of said vehicles, then it shall be unlawful to operate said vehicle without proper registration and licensing.
D. 
In a manner which causes or otherwise results in the propulsion of sand, dirt, dust, rocks, gravel or other similar materials beyond the property line.
E. 
On or near any public roadway.
This chapter shall not apply to the operation of ATVs:
A. 
On premises owned by the operator in the course of his or her private use or business; or
B. 
By employees of the owner of the ATV on property of the owner while on the business of the owner; or
C. 
To the operation of ATVs under circumstances specifically permitted and regulated by any agency of the State of New York.
A person who shall violate a provision of this chapter shall be guilty, upon conviction, of an offense punishable by a fine of not more than $2,500 for the first offense and $5,000 for a second or subsequent offense within a twelve-month period measured from the date of the first alleged violation of this chapter, or by imprisonment for a period not exceeding 15 days, or by impoundment of the ATV for a period not to exceed 60 days, or by any combination thereof. ATVs that are impounded in violation of this chapter shall only be released to the titled and/or registered owner, as listed on a valid title and/or registration.