The following are designated as one-way streets:
A. 
Plympton Street, from Ledyard Street to Columbus Street, with traffic moving from Ledyard Street to Columbus Street.
[Amended 10-2-1996 by L.L. No. 6-1996]
B. 
Cedar Avenue, from Walsh Avenue to John Street, with traffic moving from Walsh Avenue to John Street.
C. 
Coffey Avenue, from Union Avenue to River Road, with traffic moving from Union Avenue to River Road.
D. 
Ora Street, from Blanche Avenue going west to Melrose Avenue.
[Added 9-29-1965]
E. 
Melrose Avenue, from Ora Street going south to Clancy Avenue.[1]
[Added 9-29-1965]
[1]
Editor's Note: Former Subsection A(6), Old Temple Road, which listed Old Temple Hill Road, was repealed 7-7-1976. Former Subsection A(7), which immediately followed this subsection and which designated Mereline Avenue, from Walsh Road to Clancy Avenue, as a one-way street, as added 10-21-1987 by L.L. No. 6-1987, was repealed 2-19-1992 by L.L. No. 2-1992
F. 
Columbus Street, from Plympton Street to Quassaick Avenue, with traffic moving from Plympton Street to Quassaick Avenue
[Added 10-2-1996 by L.L. No. 6-1996]
[Added 8-16-1967; amended 5-1-1968; 1-19-1972; 10-18-1972; 6-5-1974; 4-2-1975; 12-3-1975]
A. 
Trucks having a gross weight of over five tons are hereby prohibited on the following streets, except for business pickups and deliveries in accordance with the New York State Vehicle and Traffic Law, § 1660(a)(17), as follows:
(1) 
Hickory Avenue, from the intersection of MacArthur Avenue easterly to the intersection of Cedar Avenue.
(2) 
Walnut Street, from the intersection of MacArthur Avenue easterly to the intersection of Cedar Avenue.
(3) 
Locust Avenue, from the intersection of MacArthur Avenue easterly to the intersection of Cedar Avenue.
(4) 
Woodlawn Avenue, from the intersection of MacArthur Avenue easterly to the intersection of Cedar Avenue.
(5) 
Cedar Lane, from the intersection of Route 94 easterly for a distance of approximately 860 feet.
(6) 
Clarkview Road, from the intersection of Union Avenue northerly to the intersection of Route 207.
(7) 
Nina Street, from the intersection of Union Avenue north to Sim Street.
(8) 
Sim Street.
(9) 
Philo Street, from the intersection of Sim Street southerly to a reverse curve and thence northerly to the intersection of MacNary Road.
(10) 
MacNary Road, connecting both ends of Philo Street.
(11) 
Erie Avenue.
(12) 
Blooming Grove Turnpike, from River Road to New York State Route 94.[1]
[Added 3-5-1997 by L.L. No. 2-1997]
[1]
Editor's Note: Former Subsection A(12), prohibiting trucks on Caesar's Lane, was repealed 10-18-1978.
(13) 
Columbus Street, from Quassaick Avenue to Plympton Street.
[Added 10-2-1996 by L.L. No. 6-1996]
(14) 
Old Temple Hill Road.
(15) 
Shore Road.
(16) 
Mereline Avenue.
(17) 
Cedar Avenue.
(18) 
Beattie Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(19) 
South Jackson Avenue.
[Added 12-4-1985 by L.L. No. 8-1985]
(20) 
Moores Hill Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(21) 
Riley Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(22) 
Mt. Airy Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(23) 
Station Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(24) 
Old Forge Hill Road from Big V Plaza entrance to Vails Gate Heights Drive (west intersection).
[Added 12-4-1985 by L.L. No. 8-1985]
(25) 
Bull Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(26) 
Toleman Road.
[Added 12-4-1985 by L.L. No. 8-1985]
(27) 
Old Windsor Drive, also known as "Vails Gate Heights Drive," on the entire loop, connecting to Forge Hill Road on both ends.
[Added 12-4-1985 by L.L. No. 8-1985]
(28) 
Vails Gate Heights Road, between Old Temple Hill Road and Old Windsor Drive (also known as Vails Gate Heights Drive).
[Added 12-4-1985 by L.L. No. 8-1985]
(29) 
Morris Avenue from Bradford Avenue to Mereline Avenue.
[Added 12-4-1985 by L.L. No. 8-1985]
(30) 
Willow Lane between Route 32 and Route 94.
[Added 12-4-1985 by L.L. No. 8-1985]
(31) 
Plympton Street, from Columbus Street to Walsh Avenue.
[Added 10-2-1996 by L.L. No. 6-1996]
(32) 
Wall Street.
[Added 12-1-2004 by L.L. No. 4-2004]
(33) 
Daniher Avenue.
[Added 12-1-2004 by L.L. No. 4-2004]
(34) 
Forrester Road.
[Added 12-1-2004 by L.L. No. 4-2004]
B. 
The parking or standing of any commercial vehicle in excess of 24 feet or a vehicle having more than two axles upon a street or road in the Town of New Windsor or upon any right-of-way in the Town of New Windsor is prohibited unless said vehicle is being used for its regularly intended commercial use, such as delivery, pickup or providing a service within the Town; except, however, that temporary parking or standing will be authorized, provided that said parking or standing is for a period not in excess of two hours.
[Added 11-17-1982 by L.L. No. 1982]
[Added 12-3-1975; amended 10-18-1978]
River Road is hereby designated as a truck route in accordance with the New York State Vehicle and Traffic Law, § 1660, Subdivision (a)10. All trucks, tractors and tractor-trailer combinations having a total gross weight in excess of 10,000 pounds are excluded from traveling on Walsh Road between River Road and Route 9W, except for local deliveries or pickups.
[Added 3-5-1997 by L.L. No. 2-1997]
All trucks and commercial vehicles having a gross weight in excess of 10,000 pounds and all tractors, tractor-trailer combinations, tractor-semi-trailer combinations and tractor-trailer-semi-trailer combinations are hereby excluded from traveling on Union Avenue between New York State Route 32 and New York State Route 300, pursuant to the enabling provisions of the New York State Vehicle and Traffic Law, § 1660, Subdivision (a)17, provided that this section shall not apply to emergency vehicles or municipal vehicles.
[Added 7-10-1963]
A. 
The following streets are hereby designated as main arteries of travel. All vehicles approaching said main arteries of travel shall come to a complete stop on the designated stop streets and shall yield to traffic on the designated yield streets before entering said main arteries, unless otherwise directed by a peace officer or signal:
[Last amended 11-5-2008 by L.L. No. 6-2008; 4-7-2010 by L.L. No. 2-2010]
Main Artery            
Stop Street 
Yield Street
Airport Center Drive
Hawthorn Way
Tozzoli Way
-----
Barrett Drive
Clark Street
-----
Balmoral Circle
Balmoral Circle
-----
Beattie Road
Ann Elizabeth Drive
Liberty Drive
Lincolndale Acres
Mclean Drive
Shaw Road
Wagner Drive
-----
Beaver Brook Road
Hill View Drive
Lakeside Road
-----
Bethlehem Drive
Mt. Airy Road, westbound traffic only
-----
Bethlehem Road
Independence Drive
-----
Birchwood Drive
Glendale Drive
Harth Drive
Oxford Court
-----
Birchwood Drive (1/2 mile south of Erie Avenue)
Harth Drive (westbound)
-----
Birchwood Lane
Ann Marie Drive
-----
Blanche Avenue
Bradford Avenue
Goodman Avenue
-----
Blooming Grove Turnpike
Cross Street
Farmstead Road
Faye Avenue
Garden Drive
Nee Avenue
Singwood Drive
-----
Bradford Avenue
Blanche Avenue
Lawrence Avenue
Melrose Avenue
Mereline Avenue
-----
Broad Street
Fanewood Drive
-----
Brocklehurst Road
Barrett Drive
Clark Street
-----
Brooks Street
Perimeter Drive
World Trade Way
-----
Bull Road
Carpenter Road
Oak Hill Drive
Shaw Road
Sheafe Circle
Wayland Way
-----
Burroughs Lane
Hemmingway Drive
-----
Butter Hill Drive
Butternut Drive
Guernsey Drive
-----
Buttermilk Drive
Cheddar Lane
Creamery Drive (west end)
-----
Butternut Drive
Creamery Drive
-----
Caesar's Lane
Buttermilk Drive
Buttonwood Drive
-----
Cannon Drive
Continental Drive
Parade Place (2)
Musket Drive
Provost Drive
-----
Carpenter Road
Glen Round Road
Werner Court
-----
Cedar Avenue
Bradford Avenue
Bradford Terrace
Budney Drive
Clancy Avenue
Hickory Avenue
High Street
Hilltop Drive
John Street
Locust Avenue
Sunset Drive
Veronica Avenue
Walnut Avenue
Walsh Road (westbound only)
Woodlawn Avenue
-----
Cherry Avenue
Koran Avenue
-----
Chestnut Avenue
Rick Drive (private)
Rico Drive
Sycamore Drive
Vacello Road
-----
Chestnut Drive
Laurel Drive
Holly Drive
-----
Clancy Avenue
Blanche Avenue
Cedar Avenue
Cherry Avenue
Lawrence Avenue
Melrose Avenue
Mereline Avenue
Myrtle Avenue
-----
Clarkview Road
Knox Drive
Presidents Court
-----
Clintonwood Drive
Clintonwood Drive
Jennifer Court
-----
Continental Drive
Musket Place
Parade Place
Regimental Place (2)
-----
Creamery Drive
Butter Hill Drive
Buttermilk Drive
Cheddar Lane
Custard Court
Guernsey Drive
Shaker Court
-----
Cresthaven Drive
Harth Drive (north end)
-----
Cross Street
Lillian Street
Margaret Place
Schoonmaker Drive
-----
Cullen Avenue
Clinton Street
-----
Dean Hill Road
Forest Glen Road
Pine View
Rolling Ridge
-----
Dutchman Drive
Pieter Court
-----
Ellison Drive
Lush Lane (west end)
-----
Erie Avenue
Birchwood Drive
Glendale Drive
Hudson Drive
-----
Farmstead Road
Barclay Road
-----
Forest Glen Road
Pine View
Summit Woods
-----
Forge Hill Road
Butternut Drive
Canterbury Lane
Provost Drive
-----
Forrest Hill Road
Forrest Hill Road (Southeastbound at "T")
-----
Franklin Avenue
Rosemary Lane
-----
Garden Street
Franklin Street
Margo Street
-----
Glendale Drive
Balmoral Court
Cambridge Court
Carton Circle
Cloverdale Court
Oxford Road
-----
Goodman Avenue
Lawrence Avenue
Melrose Avenue
-----
Guernsey Drive
Butternut Drive
Dairy Lane
Guernsey Drive
Jersey Court
-----
Haight Drive
Marshall Drive East
Truex Drive
-----
Harth Drive
Cresthaven Drive (south end)
Hudson Drive
Valewood Drive (both ends)
-----
Harthstone Way
Hobnail Court
-----
Hawthorn Way
World Trade Way
-----
Hemmingway Road
Stephenson Lane
-----
Hillcrest Drive
Lake Road Extension
Valley Drive
-----
Hill Top Drive
Sunset Drive
-----
Hudson Drive
Birchwood Drive
Harth Drive
St. Ann Drive
-----
Independence Drive
Cherry Tree Way
Colonial Drive
Liberty Ridge (2)
Patriots Court
Reveres Run
-----
Jackson Avenue
Bethlehem Road
Pin Oak Drive
-----
James Wilkinson Drive
Apple Court
-----
Jay Street
Brandon Court
-----
John Street
Cedar Avenue
-----
Keats Drive
Browning Road
Burroughs Lane
Byron Lane
Frost Lane
Melville Drive
Shelly Road
Stephenson Lane
-----
Kings Road
Donnelly Place
Fox Hill Run
Mason Lane
-----
Knox Drive
Mitchell Lane
Max Place
-----
Lafayette Drive (east/west section)
[Added 1-11-2023 by L.L. No. 1-2023]
Lafayette Drive (north section)
-----
Lafayette Drive (east/west section)
[Added 1-11-2023 by L.L. No. 1-2023]
Lafayette Drive (south section)
-----
Lake Road
Amelia Court
Beaver Brook Road
Deer Brook Drive
Dutchman Drive
Hillcrest Drive
Jackson Avenue, northwestbound traffic only
Lake Road Extension
Mecca Drive
Park Drive
Park Road
Valley Drive
Vidi Drive
-----
Lakeside Drive
Short Road
Vascello Road
-----
Lakeview Avenue
Birchwood Lane (North)
-----
Lawrence Avenue
Clancy Avenue
Walsh Avenue
-----
Liberty Ridge
Cherry Tree Way
Colonial Drive
Pioneer Trail
Settler's Ridge
-----
Little Brook Court
Toleman Court
-----
Lush Lane
Ellison Drive
-----
MacArthur Avenue
Hickory Avenue
Locust Avenue
Woodlawn Avenue
-----
MacNary Road
Philo Street (west artery)
-----
Maple Avenue
Oak Drive
Linden Avenue
Shore Drive
-----
Marshall Drive West
Kearney Drive
Marshall Drive East
Truex Drive
-----
Mecca Drive
Alphonsa Court
-----
Melissa Lane
Hill Road
Melissa Lane
-----
Melrose Avenue
Bradford Avenue
Clancy Avenue
Goodman Avenue
-----
Melville Drive
Byron Lane
Hemmingway Road
Shelly Drive
-----
Mereline Avenue
Bradford Avenue
Clancy Avenue
Goodman Avenue
Walsh Avenue
-----
Moores Hill Road
Brown's Road
Hannah Lane
Riley Road
Weather Oak Hill
-----
Mt. Airy Road
Elizabeth Lane
King George Drive
Marotta Drive
Moores Hill Road
-----
Musket Place
Cannon Drive
Parade Place
Regimental Place
-----
Myrtle Avenue
Bradford Avenue
-----
Nina Street
Frost Lane
Philo Street
Sim Street
-----
Oak Drive
Willow Avenue
-----
Oak Ridge Drive
Lucas Drive
Veronica Avenue
-----
Old Forge Hill Road
Vails Gate Heights Drive (east intersection)
-----
Old Temple Hill Road
Old Windsor Road
-----
Ona Lane
Clara Court
Parkdale Drive
Park Lane
Summit Drive
-----
Oxford Road
Oxford Road (stopping southbound traffic)
-----
Park Hill Drive
Park Lane
Summit Drive
-----
Park Road
Ashley Court
-----
Parkway Drive
Franklin Street
Leslie Avenue
Margo Street
-----
Philo Street (east artery)
MacNary Road
Sim Street
-----
Pioneer Trail
Constitution Way
Settler's Ridge
-----
Plympton Street
Ledyard Street
-----
Provost Drive
Continental Drive
-----
Quassaick Avenue (9W)
Ledyard Street
-----
Quassaick Drive
Fernandez Drive
-----
Red Maple Way
Old Hemlock Drive
-----
Regimental Place
Musket Place
-----
Ridgeview Road
Forest Lane
-----
Riley Road
Birch Drive
Coach House Drive
Dean Hill Road
Hillington Road
Lisa Lane
Red Maple Way
Summit Woods
Windsor Heights
-----
River Road
Clinton Street
Silver Spring Road
-----
Rolling Ridge
Forest Glen
Verde Vista
-----
St. Ann Drive
Judd Circle
Oakwood Terrace
-----
St. Joseph's Place
Lush Lane
Sunrise Terrace
Valley View Drive
-----
Settler's Ridge
Constitution Way
-----
Shaker Court
Shaker Court North
-----
Shaw Road
Carpenter Road
Feitsma Lane
-----
Shelly Road
Burroughs Lane
Melville Drive
-----
Shore Drive
[Added 9-2-2015 by L.L. No. 3-2015]
Walnut Avenue
-----
Shore Road
Sloop Hill Road
-----
Silver Spring Road
Fernandez Avenue
Queen Street
Riverview Avenue
Tree Haven Lane
-----
Singwood Drive
Allen Place
Margaret Place
-----
Split Tree Drive
Stone Ledge Lane
-----
Spring Rock Road
Chimney Corners
Harth Stone Way
Horse She Bend
Split Tree Drive
-----
Spruce Street
Garden Street
Oak Street
Parkway Drive
-----
Station Road
Abby Lane
Beech Acres Drive
Brandywine Road
Brittany Terrace
King's Road (Station Road Extension)
Luthien Forrest Road
Sesame Street
Wyllys Court
-----
Summit Drive
Parkdale Drive
-----
Summit Woods
Rolling Ridge
Verde Vista
-----
Sunset Drive
Windsor Drive (2)
------
Toleman Road
Cessna Drive
Little Brook Court
Marie Lane
Paul Court
Sean Court
Toleman Court
Toleman Estates Road
Trotter Lane
Vineyard Lane
-----
Truex Circle
Truex Drive
-----
Truex Drive
Kearney Drive
Truex Circle
-----
Twin Arch Road
Bruce Lane
Phyllis Lane
Stone Arch Manor Road
-----
Union Avenue
Browning Drive
Cedar Avenue
Cimorelli Drive
Daniher Avenue
Elm Street
Erie Avenue
Franklin Avenue
James Street
Keats Drive
MacArthur Avenue
Nina Street
Oak Street
Oxford Road
Pine Street
Spruce Street
St. Joseph's Place
-----
Union Avenue Extension
Cullen Avenue
-----
Vaccello Road
Schiavone Road
-----
Vails Gate Heights
Old Windsor Road
-----
Vails Gate Heights Drive
Old Windsor Drive
-----
Vails Gate Heights Drive (also known as "Old Windsor Drive")
Vails Gate
Access Road
Valley Drive
Lakeview Road
Ram Road
Ridgeview Road
Windsor Road
Windsor Terrace (both ends)
-----
Valley View Drive
-----
Lush Lane
Sunrise Terrace
Wagner Drive
Karen Court
-----
Wall Place
James Street
-----
Walmsely Place
Clark Street
-----
Walnut Avenue
Oak Drive
Shore Drive (dead-end portion only)
-----
Walnut Street
MacArthur Avenue
-----
Walsh Avenue
Blanche Avenue
Carol Street
Cedar Avenue
John Street
Lawrence Avenue
Mereline Avenue
Plympton Street
Walsh Avenue Extension
Wayland Way
Camelot Circle
-----
Willow Lane
Harth Drive
Lannis Avenue
Mark Street
Split Tree Drive
Spring Rock Road
Willow Parkway
-----
Windsor Square
Garden Street (both directions)
-----
Windsor Garden Drive
Maharay Lane
-----
World Trade Way
Tozzoli Way
-----
B. 
The following streets are designated as four-way stop streets:
[Added 6-5-1974]
(1) 
Bradford Avenue and Melrose Avenue.
(2) 
Bradford Avenue and Lawrence Avenue.
(3) 
Bradford Avenue and Mereline Avenue.
(4) 
Bradford Avenue and Myrtle Avenue.
(5) 
Clancy Avenue and Mereline Avenue.
(6) 
Clancy Avenue and Lawrence Avenue.
(7) 
Clancy Avenue and Blanche Avenue.
(8) 
Cross Street and Jay Street.
[Added 10-18-1978]
(9) 
Butternut Drive and Creamery Drive.
[Added 6-12-1995 by L.L. No. 6-1995]
(10) 
Nina Street and Sims Street.
[Added 11-15-1995 by L.L. No. 8-1995]
(11) 
Butter Hill Drive and Butternut Drive.
[Added 3-7-2001 by L.L. No. 1-2001]
(12) 
Sims Street and Philo Street.
[Added 12-1-2004 by L.L. No. 4-2004]
C. 
The following described intersections are designated as three-way stop streets:
[Added 2-19-1992 by L.L. No. 2-1992]
(1) 
Vails Gate Heights Drive and Old Forge Hill Road at the easterly intersection of said roads.
(2) 
Clarkview Road and Mitchell Drive.
[Added 11-2-1994 by L.L. No. 3-1994]
(3) 
Hudson Drive and Harth Drive, 0.5 mile south of Erie Avenue.
[Added 11-2-1994 by L.L. No. 3-1994]
(4) 
Garden Street and Leslie Avenue.
[Added 1-17-1996 by L.L. No. 1-1996]
(5) 
Butterhill Drive westbound toward Route 94 at Guernsey Drive.
[Added 12-3-1997 by L.L. No. 6-1997]
(6) 
Butter Hill Drive and Creamery Drive.
[Added 1-9-2002 by L.L. No. 1-2002]
(7) 
Mt. Airy Road and Dean Hill Road.
[Added 5-17-2002 by L.L. No. 2-2002]
(8) 
Willow Lane and Harth Drive.
[Added 12-1-2004 by L.L. No. 4-2004]
(9) 
Sycamore Drive and Chestnut Avenue.
[Added 12-1-2004 by L.L. No. 4-2004]
(10) 
St. Anne Drive and Judd Circle.
[Added 12-1-2004 by L.L. No. 4-2004]
(11) 
Jackson Avenue and Bethlehem Road.
[Added 12-1-2004 by L.L. No. 4-2004]
(12) 
Old Forge Hill Road and Vails Gate Heights Drive.
[Added 12-1-2004 by L.L. No. 4-2004]
(13) 
Franklin Street and Parkway Drive.
[Added 12-1-2004 by L.L. No. 4-2004]
(14) 
Provost Drive and Continental Drive at the southwestern end of Provost Drive.
[Added 8-3-2005 by L.L. No. 1-2005]
(15) 
Guernsey Drive and Dairy Lane in the north, south and west directions.
[Added 12-7-2005 by L.L. No. 5-2005]
(16) 
Forest Glen and Summit Woods.
[Added 8-1-2007 by L.L. No. 5-2007]
(17) 
Lake Road and Valley Drive.
[Added 8-1-2007 by L.L. No. 5-2007]
(18) 
Schiavone Road and Vascello Road.
[Added 10-3-2007 by L.L. No. 7-2007]
(19) 
Red Maple Way and Old Hemlock Drive.
[Added 11-5-2008 by L.L. No. 6-2008]
(20) 
Moores Hill Road and Weather Oak Hill Road.
[Added 11-5-2008 by L.L. No. 6-2008]
(21) 
Valley Drive and Lakeview Road.
[Added 10-7-2020 by L.L. No. 6-2020]
(22) 
Walsh Road and Cedar Avenue.
[Added 10-7-2020 by L.L. No. 6-2020]
(23) 
Independence Drive and Red Coat Drive.
[Added 10-7-2020 by L.L. No. 6-2020]
(24) 
Independence Drive and McKinley Court.
[Added 10-7-2020 by L.L. No. 6-2020]
(25) 
Independence Drive and Reveres Run.
[Added 10-7-2020 by L.L. No. 6-2020]
(26) 
Keats Drive and Melville Drive.
[Added 11-3-2021 by L.L. No. 8-2021]
[Added 9-3-1969]
Left turns by vehicles entering State Route 94 from Cherrie Lane are prohibited.
[Added 2-1-1967; amended 10-21-1987 by L.L. No. 6-1987]
No person shall ride a bicycle upon the sidewalks in the Town of New Windsor, Orange County, New York.
[Added 5-1-2024 by L.L. No. 1-2024]
A. 
Definitions.
OFF-ROAD VEHICLES
Any all-terrain vehicle (or "ATV") as that term is defined in § 2281(1) of the New York State Vehicle and Traffic Law, off-highway motorcycles as that term is defined in § 125-a of the New York State Vehicle and Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any and all other types of motorized trail bikes, utility terrain vehicles ("UTVs"), or vehicles that are manufactured for sale or operation primarily on off-highway trails or for off-highway competitions. Nothing contained in this chapter, however, shall be deemed to apply to or prohibit the use of bicycles, including electric powered bicycles, operated in compliance with applicable state and local regulations.
OPERATE
For purposes of this chapter, to sit in or on, other than as a passenger, or use or control an off-road vehicle in any manner, whether or not said off-road vehicle is actually in motion.
PUBLIC HIGHWAY
For purposes of this chapter, any highway, road, alley, street, avenue, public place, public driveway, or any other public way.
B. 
Rules and regulations.
(1) 
Public highways. No person shall, at any time, operate an off-road vehicle on any public highway in the Town of New Windsor, unless specifically exempt from this section pursuant to the subsection below.
(2) 
Public property. No person shall, at any time, operate an off-road vehicle on any public property in the Town of New Windsor, unless specifically exempt from this section pursuant to the subsection below.
(3) 
Private property.
(a) 
No person shall operate an off-road vehicle on any private property in the Town of New Windsor, unless such person owns such private property or, if not the owner of such property, has first obtained the express written consent of the owner or occupant of the property to do so, or is specifically exempt from this section pursuant to the subsection below.
(b) 
No person shall operate an off-road vehicle upon private property located within 500 feet of a residence in the Town of New Windsor, unless the operator owns the residence at issue or has the express written permission of the owner of the residence at issue. This restriction shall remain regardless of whether such off-road vehicle is licensed, unlicensed, registered or unregistered by the New York State Department of Motor Vehicles, unless such use is exempt, as discussed below.
(c) 
There shall be a rebuttable presumption that the operator of an off-road vehicle on private property in the Town of New Windsor lacks the consent required to operate the off-road vehicle on private property they don't own.
(4) 
Hours of permitted operation. No one may operate an off-road vehicle anywhere, including private property otherwise allowed pursuant to the subsection above, in the Town of New Windsor between the hours of 9:00 p.m. and 9:00 a.m., unless specifically exempt from this law pursuant to the subsection below.
(5) 
Compliance with all other rules and regulations required. Anyone operating an off-road vehicle must do so in compliance with all other rules and regulations promulgated by the Department of Motor Vehicles of the State of New York, including any applicable insurance and registration requirements for such vehicles.
(6) 
Manner of operation.
(a) 
Anyone lawfully operating an off-road vehicle on public or private property in the Town of New Windsor must comply with all other provisions of the NYS Penal Law; the NYS Vehicle and Traffic Law; and all federal, state and local environmental laws, rules and regulations.
(b) 
Any one lawfully operating an off-road vehicle on public or private property in the Town of New Windsor must refrain from doing so in a careless, reckless or negligent manner; must refrain from doing so in any manner that may endanger the safety of another person, domestic animal, farm animal, wildlife, or the operator himself; and must refrain from doing so in any manner that may bother or disturb another person, farm animal, domestic animal or wildlife.
(c) 
No person lawfully operating an off-road vehicle shall carry another person as a passenger, except where such off-road vehicle is designed and equipped by the manufacturer for such purpose or to address an emergency medical situation.
(d) 
Anyone lawfully operating or riding on an off-road vehicle must wear a helmet that meets, at a minimum, United States Department of Transportation standards.
(7) 
Persons under 16 years of age. No parent or guardian may authorize or knowingly permit a child under 16 years of age to operate an off-road vehicle in violation of any provision of this chapter. No owner or other person in possession of an off-road vehicle may authorize or knowingly permit a child under 16 years of age to operate an off-road vehicle in violation of any provision of this chapter.
C. 
Exemptions. The following uses of off-road vehicles are exempt from the provisions of this section:
(1) 
The operation of off-road vehicles owned by the Town, or any other municipal or governmental agency, and used for Town, municipal or governmental purposes.
(2) 
The operation of off-road vehicles on premises owned by the operator of such vehicles, in the course of operating their business, or by employees of the owner of such vehicles, on the premises of the owner where they are conducting their business.
(3) 
The operation of any off-road vehicle for the purpose of repairing or servicing same, or for the otherwise lawful maintenance, plowing, construction, repair, remodeling or grading of any structure or real property.
D. 
Enforcement. The Town of New Windsor Police Department is charged with enforcement of the provisions in this chapter.
E. 
Penalties.
(1) 
Upon first conviction: Any person who is convicted of operating an off-road vehicle for the first time, in violation of this chapter, shall be guilty of an offense punishable by a fine of up to $1,000.
(2) 
Upon second conviction: Any person who is convicted of operating an off-road vehicle for a second time, in violation of this chapter, shall be guilty of an offense punishable by a fine of up to $1,000, imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
(3) 
Upon third or subsequent conviction: Any person who is convicted of operating an off-road vehicle three times or more, in violation of this chapter, shall be guilty of an offense punishable by a fine of up to $1,000, imprisonment for a period not to exceed one year, or both such fine and imprisonment.
(4) 
In addition to the penalties set forth above, any police officer or law enforcement agent may have any off-road vehicle that has been operated, in violation of this chapter, immediately impounded and stored at an authorized impoundment facility or at its own facilities, if available. Any tow operator with a valid towing license, issued by the Town, shall be considered an authorized impoundment facility. Any such impounded off-road vehicle shall be stored pending identification of the owner as registered with the New York State Department of Motor Vehicles (DMV) and for such period as is necessary for law enforcement purposes.
(5) 
Once identified, the title owner shall be sent a notice of impoundment, by certified mail, return receipt requested, and by regular mail at the address on file with DMV.
(6) 
Neither the Police Department nor the Town of New Windsor, nor any agent or employee thereof, shall be liable for any damages arising from the provision of an erroneous name or address of such owner, or any action taken in furtherance of an impoundment undertaken pursuant to this chapter.
(7) 
If the owner presents proof of valid ownership and registration, within the time discussed below, and the impounded off-road vehicle no longer needs to be kept for law enforcement purposes, a redemption fee may be paid in order to redeem such off-road vehicle. Such redemption fee shall be either the minimum amount listed in the Town's Standard Schedule of Fees or an amount no less than all costs incurred by the Town in association with the impoundment, whichever is greater. Such redemption fee may be waived by the Town Supervisor, at their discretion, if the off-road vehicle was stolen or otherwise used without the owner's permission and the owner provides a sworn statement about the theft or unauthorized use with law enforcement.
(8) 
Any off-road vehicle impounded for a violation of this chapter, which is no longer needed for law enforcement purposes and remains unclaimed for a period of 15 business days following service of notice as outlined above, may be sold, under the authority of the Town of New Windsor Police Department, at public auction in accordance with applicable laws, including NYS General Municipal Law and NYS Personal Property Law § 253, Subdivision 7. All proceeds from any such public auction shall be used to reimburse any applicable tow company and/or storage facility used for the impoundment and storage of same, with the remaining balance deposited into the Town's General Fund.