As used in this article, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE (ATV)
Any vehicle as defined in § 2281 of the Vehicle
and Traffic Law of the State of New York subject to the exemptions
therein stated.
MOTORCYCLE
Any vehicle defined in § 123 of the Vehicle and
Traffic Law of the State of New York.
PRIVATE PROPERTY
Any parcel of real property not owned by a governmental agency
or entity.
SNOWMOBILE
Any device defined in § 2221 of the Vehicle and
Traffic Law of the State of New York.
SPECIALTY VEHICLE
Any device converted from any other internal-combustion-engine-powered
device or vehicle for the purpose of increased power, speed, noise
or alternate use.
It shall be unlawful for any person to operate an all-terrain
vehicle, a motorcycle, a snowmobile or a specialty vehicle on private
property:
A. Between the hours of 9:00 p.m. and 8:00 a.m.;
B. Within 500 feet of any private dwelling;
C. In a repetitive or continuous manner that is disturbing or bothersome
to other persons by reason of noise, dust, exhaust fumes or other
conditions arising from the operation of such vehicle or device; or
D. Without a properly functioning muffler system which meets the muffler
standards specified in § 2806(1)(b) of the Vehicle and Traffic
Law of the State of New York.
The following uses of any of the vehicles or devices specified in §
190-57.3 are exempt from the provisions of §
190-57.3:
A. The use thereof for emergency reasons of health of any person or
severe weather conditions;
B. Property maintenance or improvements, including, but not limited
to, lawn mowing and snow removal;
C. Direct ingress or egress to or from private property;
D. Maintenance or repair of such vehicle; however, such maintenance or repair shall not involve operation of the engine thereon for more than a total of 10 minutes in any sixty-minute period. This subsection shall not limit the application of the terms of Subsection
F of this section;
E. Operation thereof by emergency responders, police officers or municipal
employees in the course of their job responsibilities;
F. Operation thereof on the premises of a business which is permitted
in the zoning district in which such business is located and such
operation being necessitated by the nature of that business.
Any person convicted of a violation of this article shall be
liable as follows:
A. For a first offense, a fine of not less than $50 nor exceeding $500;
B. For a second violation committed within one year of the date of conviction
and sentence for the first offense, a fine of not less than $100 nor
exceeding $750;
C. For a third violation within one year of the date of conviction and
sentence of the first offense, a fine of not less than $200 nor exceeding
$1,000 and/or a sentence of incarceration not exceeding 15 days.