[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 6-21-1994
as L.L. No. 4-1994. Amendments noted where applicable.]
This chapter is intended to amend the existing village ordinances and
regulations which do not adequately address the existence and illegal use
and operation of off-road vehicles within the Village of Lindenhurst. It is
the purpose of this chapter to establish regulations related to the use of
such off-road vehicles on the public and private property so as to protect
the health, safety, welfare, peace and repose of the residents of the village
and the general public.
As used in this chapter, the following terms shall have the meanings
indicated:
- OFF-ROAD VEHICLE (ORV)
- Any motor-driven off-road recreational vehicle capable of travel without benefit of a road or trail on or immediately over land, snow, ice, marsh, swampland or other natural terrain, including but not limited to a multi-trace or multi-wheel-drive or low-pressure tire vehicle, a motor bike or dirt bike, an amphibious machine, a ground-effect air cushion or other vehicle which derives motor power from a source other than muscle or wind. An "off-road vehicle" shall not include a registered snowmobile, a farm vehicle being used for farming purposes, a vehicle used for fire, emergency, law enforcement, military or municipal purposes, a construction or logging vehicle used in performance of its common function or a registered aircraft.
- PRIVATE PROPERTY
- All property located within the Village of Lindenhurst which does not constitute public property.
- PUBLIC PROPERTY
- All streets, sidewalks, easements or other areas dedicated or commonly used by the public, as well as all lands in which title is vested in the Village of Lindenhurst, other political subdivision or agency or public authority thereof located within the Village of Lindenhurst.
No person shall operate an off-road vehicle on any roads, streets, public
lands, parks, beaches, easements or rights-of-way unless permitted by the
New York State Vehicle and Traffic Law. In the case of private property, no
person shall operate an off-road vehicle on any land unless the operator has
the express permission of the property owner to operate said vehicle on said
private property.
There shall be a rebuttable presumption that the operator of an off-road
vehicle on private property lacks consent to so operate the vehicle if the
operator cannot produce written consent from the property owner to operate
said vehicle on said private property.
A.
Any person, firm, association or corporation who or which
shall violate any of the provisions of this chapter shall be guilty of a violation
and, upon conviction thereof, shall be punishable by a fine not exceeding
$250 or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment.
B.
In addition to such fine, the defendant shall pay all
costs and expenses incurred by the village in determining such violation.
C.
Each violation of this chapter shall constitute disorderly
conduct, and every person violating the same shall be a disorderly person.
The foregoing shall be in addition to all other remedies available under the
law.
In addition to other provisions of this chapter, the state, county or local police or law enforcement agencies who shall enforce the provisions herein, including those specified in § 183-7 herein, may immediately impound any off-road vehicle operated in violation of this chapter. Such impounded vehicles shall be stored by the village or its agents. The owner of the off-road vehicle so impounded may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $50 for storage and impoundment plus any actual towing charges. No vehicle impounded under this chapter shall be released to the owner or operator without the payment of such redemption fee.
The provisions of this chapter shall be enforced by state or county
police, ordinance enforcement officers, marina attendants and any other person
designated by the Village Board of Trustees.
