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:
ALL-TERRAIN VEHICLE (ATV)
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.
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.
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.