[HISTORY: Adopted by the Town Board of the Town of Islip 11-19-85
as Local Law No. 5. 1985. Amendments noted where applicable.]
The Town Board of the Town of Islip recognizes the potential adverse
impact on the health, safety and general welfare of the residents of the Town
of Islip and to property within the Town by the use of off-road vehicles and,
therefore, deems it appropriate to control the use of said vehicles.
For the purposes of this local law, the following terms shall have the
meanings indicated:
Any motorcycle or motor vehicle not equipped in conformity for registration
under § 401, § 410, § 411-b or § 2261
of the Vehicle and Traffic Law, including but not limited to vehicles manufactured
for operation primarily on off-highway trails or for off-highway competition.
This definition shall not include farm equipment used and operated for agricultural
purposes, snowmobiles or police, fire or safety vehicles used and operated
in an official capacity.
All streets, sidewalks, parks, playgrounds, parking facilities or
any other areas dedicated or commonly used by the public.
It shall be unlawful to operate an off-road vehicle upon any public
property within the Town of Islip unless otherwise permitted by law.
It shall be unlawful to operate an unregistered, limited-use motor vehicle
upon private property without the express consent of the owner of said property
to operate said vehicle at that time and place.
A.
The failure of the operator of an off-road vehicle to
produce or display written consent of the owner of the private property on
which he is operating shall be presumptive evidence that the operator does
not have the consent of the owner to operate said vehicle on said private
property.
B.
The failure of the operator of an off-road vehicle to
produce or display a valid permit or decal shall be presumptive evidence that
the vehicle is unregistered.
C.
These presumptions shall be rebuttable.
A.
It shall be unlawful for any person to operate an off-road
vehicle in any place other than the property of the operator within the Town
of Islip unless a permit has been issued for the vehicle.
B.
The Town Clerk of the Town of Islip shall issue a permit
to the owner of the vehicle upon receiving proof of the age of the owner,
who shall be at least eighteen (18) years of age, and payment of the required
fee. The permit shall contain a brief description of the vehicle and its identification
number or frame number.
C.
Upon the issuance of the permit, the Town Clerk shall
also issue a numbered decal which shall be conspicuously displayed on the
front or rear fender of the vehicle or, if no fender exists, on the frame
of the vehicle itself.
D.
The fee for registration and permit of an off-road vehicle
shall be twenty-five dollars ($25.).
The holder of an off-road vehicle permit shall be strictly responsible
for the use and operation of the vehicle by any persons under sixteen (16)
years of age, and any summons for the illegal operation of the vehicle by
a person under sixteen (16) years of age shall be issued to the permit holder.
It shall be an affirmative defense to this section that the vehicle was stolen,
and such theft reported to the Police Department, at the time of the illegal
operation.
A.
Any off-road vehicle operated in violation of this chapter
may be immediately impounded. The Town of Islip shall store such impounded
vehicles in a suitable secure location. No impounded vehicle may be released
until a valid permit is displayed or obtained and until all storage costs
and fees have been paid. The permit holder shall be responsible for the payment
of all such costs and fees.
B.
Any vehicle not redeemed within thirty (30) days shall
be considered an abandoned vehicle under the provisions of § 1224
of the Vehicle and Traffic Law.
Any operator or permit holder, as defined in § 60A-7, who shall violate any of the provisions of this local law shall, upon conviction thereof, be sentenced to a fine not exceeding two hundred fifty dollars ($250.).
Should any section or portion of this chapter be in conflict with the
laws of the State of New York applicable to the operation, registration, ownership
or control of off-road vehicles, then, in that instance, said laws of the
State of New York shall prevail.
The provisions of this local law are declared to be severable, and if
any section, subsection, sentence, clause or phrase hereof shall, for any
reason, be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, subsections, sentences, clauses
and phrases of this local law, but they shall remain in effect, it being the
legislative intent that this local law shall stand, notwithstanding the invalidity
of any part.
This local law shall take effect on January 1, 1986.
