[HISTORY: Adopted by the Legislature of the County of Monroe 5-25-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
This chapter shall be known as the law "Operation of Off-Road Vehicles on Public Highways in Monroe County."
The Legislature hereby finds that:
A. 
The use of off-road vehicles on public highways are a threat to the safety of pedestrians, motorists, and bicyclists.
B. 
Law enforcement has requested assistance from the Legislature, in the form of a local law, giving law enforcement the power to impound illegally operated off-road vehicles.
C. 
Many off-road vehicle operators and passengers are not equipped with proper protective gear.
D. 
The health, safety and well-being of the citizens of Monroe County is furthered by curtailing the illegal and unsafe use of off-road vehicles on public highways.
As used in this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLE
Includes all-terrain vehicles (ATVs) as defined in § 2281, Subdivision 1, of the New York State Vehicle and Traffic Law, all off-highway motorcycles as defined by § 125-a of the New York State Vehicle and Traffic Law, and motocross or dirt bikes, dune buggies, go-carts, and any and all other types of motorized trail bikes or vehicles with a primary intention for off-road use, but not including nonmotorized bikes.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle in any manner, regardless of if said off-road vehicle is underway.
PUBLIC HIGHWAY
Any highway, road, alley, street, avenue, public place, public driveway, or any other public way.
A. 
Unless otherwise permitted by Article 48-c of the New York State Vehicle and Traffic Law or other applicable law, it shall be unlawful to operate an off-road vehicle on any public highway in Monroe County.
B. 
No person shall operate an ATV or any vehicle on the roadways of the County of Monroe unless it is covered by liability insurance; nonetheless, said ATV, or any vehicle that is not street legal may be operated by authorized government officials, the Monroe County Sheriff's Office, the Rochester Police Department, the New York State Police, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms and Explosives, in furtherance of their official duties.
Chapter 323 of the General Local Laws of Monroe County shall continue to govern the use of off-road vehicles in Monroe County parks.
Operators and passengers must wear a United States Department of Transportation (USDOT) approved helmet while riding an ATV.
A. 
In addition to any other applicable penalties permitted by law, a police officer or peace officer may immediately impound any off-road vehicle that has been operated in breach of § 314-4 or § 314-6.
B. 
Any off-road vehicle impounded pursuant to this section shall be stored by the pertinent police department or enforcement agency pending identification of the owner.
(1) 
Proof of ownership. Acceptable proof of ownership is:
(a) 
For a new off-road vehicle: the manufacturer's certificate or statement of origin (MCO or MSO), an out-of-state title certificate or registration certificate; or
(b) 
For a used off-road vehicle: a completed "Certification of Sale or Transfer" (MV-51) plus the MCO or MSO; or a New York State transferable registration signed over to the current operator by the previous owner;
(c) 
If an off-road vehicle has never been registered and the current operator/owner does not have these acceptable documents, one must complete and submit a "Statement of Ownership" through the Department of Motor Vehicles (MV-51B).
[1] 
Law enforcement shall record the vehicle identification number (VIN) and provide the same to the alleged owner upon request.
(2) 
Off-road vehicles without required registration.
(a) 
If registration of the off-road vehicle is not so required, other indicia of ownership may be utilized to identify the proper off-road vehicle owner.
C. 
Such owner shall be sent notice of such impoundment by certified mail within five days after the impoundment.
D. 
The law enforcement agency shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner.
E. 
The owner of the impounded off-road vehicle may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $500 to the impounding police department, if it is the first time such vehicle has been impounded pursuant to this chapter, or $2,000 if such vehicle has previously been impounded pursuant to this chapter. Such impounded off-road vehicle may only be released to the owner of the off-road vehicle or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
F. 
At no time shall this chapter apply to the operation of an off-road vehicle as an emergency vehicle by any authorized emergency, police or civil department.
If any clause, sentence, paragraph, subdivision, section, or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgement shall be rendered.