[Adopted 11-4-2015 by L.L. No. 22-2015]
The proliferation of the unreasonably loud and disruptive recreational operation of ATVs, motorcycles, limited-use motorcycles, and off-highway motorcycles in the residential areas of the Town of Poughkeepsie, which operation is now of such nature, intensity, duration and repetition as to be detrimental to the life, health, repose and safety of the public, has reached such proportions that the Town Board, pursuant to the authority of § 10 of the Municipal Home Rule Law, Vehicle and Traffic Law § 2404(6), and the New York Constitution, Article IX, in order to preserve, protect and promote the public health, safety and welfare has adopted restrictions on the use of ATVs, motorcycles, limited-use motorcycles and off-highway motorcycles (''nuisance vehicles") on private property near residences in the Town of Poughkeepsie.
A. 
Whereas, the Town of Poughkeepsie finds that the current and repeated recreational operation of nuisance vehicles on private property near residences within the Town of Poughkeepsie creates irritating dust, fumes and noise, interferes with quiet, peaceful repose and normal residential activities, and constitutes a public nuisance to the residents of the Town of Poughkeepsie; and
B. 
Whereas, the purpose of this article is to prohibit all recreational operation of nuisance vehicles on private property in close proximity to residences in the Town of Poughkeepsie.
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.
LIMITED-USE MOTORCYCLE
Any limited-use motorcycle as defined in § 121- b of the Vehicle and Traffic Law of the State of New York.
NUISANCE VEHICLE
Any non-exempt AVT, motorcycle, limited-use motorcycle or off-highway motorcycle as defined in this section.
OFF-HIGHWAY MOTORCYCLE
Any off-highway motorcycle as defined in § 125-a of the Vehicle and Traffic Law of the State of New York.
RESIDENCE
Any residence, dwelling or dwelling unit located in the Town of Poughkeepsie as defined in § 210-9, Definitions of the Zoning Law of the Town Poughkeepsie.
No person shall operate any nuisance vehicle in the Town of Poughkeepsie upon private real property within 700 feet of a residence 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.
No person shall operate any nuisance vehicle within the Town of Poughkeepsie on private property without a properly functioning muffler system which meets with standards for an ATV muffler as specified in New York Vehicle and Traffic Law § 2406(1)(b).
[Amended 12-4-2024 by L.L. No. 14-2024]
The following uses of nuisance vehicles are exempt from the provisions of this Article II:
A. 
The operation of publicly owned and emergency vehicles, ATVs, motorcycles, limited-use motorcycles, and off-highway motorcycles by public officers, public officials or emergency personnel in the course and scope of their duties.
B. 
The operation of any ATV, motorcycle, limited-use motorcycle or off highway motorcycle for the purpose of repairing or servicing it, or for the otherwise lawful maintenance, construction, repair, remodeling or grading of any structure or real property.
C. 
The operation of ATVs, motorcycles, limited use motorcycles or off-highway motorcycles which are powered exclusively by electricity.
A. 
Any person convicted of a violation of this article shall be liable for a penalty of up to $250 for a first violation; of not less than $250 nor more than $500 for a second violation committed within one year of the date of the commission of the first violation, and not less than $500 nor more than $1,000 for a third violation committed within one year of the date of the commission of the first violation. Each incident is considered a separate violation.
B. 
Any person convicted of a fourth or subsequent violation of this article within one year of the date of the commission of the first violation shall be guilty of an unclassified misdemeanor and subject to a penalty of a fine of $1,000 or 15 days in jail or both.