[HISTORY: Adopted by the Common Council of
the City of Kingston 6-5-1996; approved 6-6-1996. Amendments noted
where applicable.]
The purpose of this chapter is to protect the
public health, welfare and safety of the residents of the City of
Kingston by regulating the operation of all-terrain vehicles throughout
the City of Kingston, which will promote the proper use of all-terrain
vehicles and minimize detrimental effects of such use on the environment.
As used in this chapter, the following terms
shall have the meanings indicated:
Any self-propelled vehicle which is manufactured for sale
for operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways, provided that such
vehicle does not exceed 60 inches in width or 800 pounds dry weight;
provided, however, that this definition shall not include a "snowmobile"
or other self-propelled vehicles manufactured for off-highway use
which utilizes an endless belt tread. Notwithstanding this, the term
"all-terrain vehicle" shall not include any vehicle used for agricultural
purposes or for snowplowing other than for hire; provided, however,
that any such vehicle shall register as an all-terrain vehicle if
such vehicle is used or intended to be used for any purpose other
than agricultural or snowplowing purposes and shall be regulated in
accordance with provisions governing the operation of all-terrain
vehicles while in such use.
A.
No person shall operate an ATV or ride as a passenger
on an ATV unless he is wearing a protective helmet of a type approved
by the commissioner of motor vehicles pursuant to Subdivision 6 of
§ 381 of the New York State Vehicle and Traffic Law.
B.
Liability insurance must be provided by the owner
of an ATV as provided in § 2407 of the New York State Vehicle
and Traffic Law.
C.
Each ATV must be registered and numbered in accordance
with the Department of Motor Vehicle requirements and regulations
set forth in Article 48-B of the New York State Vehicle and Traffic
Law.
It shall be unlawful:
A.
To operate an ATV for sport or recreation during the
period of 8:00 p.m. until 9:00 a.m.
B.
To operate an ATV within 100 feet of a dwelling other
than the dwelling of the owner or operator of the ATV.
C.
To operate an ATV within 75 feet of a highway within
the limits of the City of Kingston, except as provided in § 2403
of the New York State Vehicle and Traffic Law.
D.
For a parent or guardian to authorize or knowingly
permit a child or ward, if under 16 years of age, to operate an ATV
in violation of any provision of this chapter. However, an infant
between the ages of 10 and 16 may operate an ATV in accordance with
this chapter when accompanied by a parent or legal guardian and when
such operator possesses a New York State safety certificate.
E.
For the owner or other person in possession of any
ATV, to authorize or knowingly permit any person under the age of
16 to operate an ATV in violation of any provision of this chapter.
However, an infant between the ages of 10 and 16 may operate an ATV
in accordance with this chapter when accompanied by a parent or legal
guardian and when such operator possesses a New York State safety
certificate.
F.
To operate an ATV on private property other than that
private property owned by the immediate family of the operator without
the express written consent of all the owners of the private property
which must by filed with the Kingston Police Department.
G.
To operate an ATV at a speed in excess of 10 miles
per hour.
I.
To operate an ATV so as to cause it to propel sand,
dirt, dust, rocks, gravel or other similar materials into the air
so as to be likely to injure persons and/or damage property.
J.
To operate an ATV on public or private property in
such a way as to harass or disturb farm animals, domestic livestock,
wildlife or further to destroy or damage crops or farm produce.
K.
To operate an ATV near any public roadway so that
the operation of said ATV causes operators of automobiles, motorcycles
or trucks to take evasive or irregular action to move away from said
ATV.
L.
To operate an ATV in a careless, reckless or negligent
manner which endangers the safety of any person, including the operator
himself, or the property of any person, or to engage in any fancy
or trick riding or ride without maintaining full control of the ATV,
or to remove both hands from the handlebar.
M.
To operate an ATV while under the influence of drugs
or alcohol.
N.
To operate an ATV with any other person on it, except
in a place designated for such purpose and equipped for such purpose
as part of the original manufacturer's design.
The Mayor of the City of Kingston or the Chief
of the City of Kingston Police Department may waive provisions of
this chapter in the event of an emergency or other special event in
which a general public interest is manifested.
A.
A police officer may impound any ATV if:
B.
The period of impoundment for the ATV shall be for
such period of time as is necessary for police purposes, which shall
include use of the vehicle for identification in any court action.
Any person wishing to have an ATV released from impoundment must make
a motion before the appropriate court, and said ATV shall only be
released upon court order. Upon receipt of said court order, the ATV
shall be released by the City of Kingston Police Department upon payment
of an impoundment fee as set forth in the fee schedule to be established
by resolution of the Common Council of this City,[1] which sum shall be payable to the Comptroller of the City
of Kingston, and any storage fees as incurred by the City of Kingston
Police Department.
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
C.
The Kingston Police Department, upon the order of
the Chief of Police or his duly authorized subordinate, may, of its
own volition, without court order, release such ATV if it deems that
it has no further need of the vehicle for purposes of identification,
but only after payment of the impoundment fee as set forth in the
fee schedule to be established by resolution of the Common Council
of this City and storage fees as above.[2]
[Amended 9-2-2014 by L.L. No. 2-2014, approved 9-11-2014]
Unless otherwise specifically provided, any
person who violates any provision of this chapter shall be guilty
of:
A.
A traffic infraction, if such provision, law, rule,
regulation or order is one which regulates traffic as specified in
§ 155 of the Vehicle and Traffic Law. A traffic infraction
shall be punishable as provided in Subdivision b of § 1800
of the New York State Vehicle and Traffic Law; or
B.
A violation for any other offense. A violation shall
be punishable by a penalty of not more than $100 for a first offense
and $250 for each subsequent offense.
In the event that this chapter or any of the
provisions herein shall conflict or vary with the existing or prevalent
state law involving the operation of all-terrain vehicles, such inconsistencies,
conflicts or variations shall be governed or controlled in favor of
the state law.
