[HISTORY: Adopted by the Town Board of the Town of Wallkill 2-8-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 233.
The Board of Trustees of the Town of Wallkill hereby finds that the
increased use of ATVs throughout the Town of Wallkill without any regard for
the rights of the property owners whose property is used for the operation
of those ATVs, without the permission of said landowners and without regard
for the noise emanating from said ATVs, and the dirt and dust raised up into
the air by the operation of these ATVs, and the young age of the operators,
has increased to such a degree that these ATVs are not only hazardous and
detrimental to the health, safety and welfare of the residents of the Town
of Wallkill and its property owners, but also to those who operate them without
regard for their own safety or the safety of others and that regulation of
the use of ATVs within the Town will protect residents and property owners
within the Town and protect those that use ATVs within the Town. This chapter
is intended to serve the foregoing purposes by regulating and prohibiting
the use of ATVs in the Town of Wallkill except in conformity with the provisions
of this chapter and rules and regulations promulgated hereunder.
As used in this chapter, the following terms shall have the meanings
indicated:
Any all-terrain vehicle that is motor-propelled or contains a motor
to assist the operation of said vehicle, and which vehicles are commonly referred
to as "dirt bikes," "minibikes," "trail bikes," "motorized sport bikes," "go-karts,"
"all-terrain vehicles (ATVs)," "trikes," "quads," "snowmobiles," "dune buggies,"
and "golf carts," etc., which vehicles, by their nature and design, are not
intended to be used and operated along paved roads and highways but are intended,
rather, to be operated off road, in or upon dirt, sand, mud or similar conditions
and to traverse hills, trails and similar-type areas.
All land and buildings in the Town of Wallkill not included in the
definition of "public property" nor part of the public road system.
Lands and buildings, easements and rights-of-way, including Town
parks owned or leased by the Town of Wallkill, any school district, the County
of Orange or the State of New York or any other public body. This definition
specifically excludes any public roadways owned or maintained by any of the
aforementioned public entities.
It shall be unlawful to operate an ATV in the following locations and/or
manner:
A.
Upon public property at any time without express consent
or permit issued by the governmental agency in control of said property, which
shall include easements granted to the Town including the same or similar
restrictions.
B.
Upon private property (other than that private property
owned by the family of the operator) without the written consent of all of
the owners of the private property.
C.
In violation of the requirements and regulations of the
Department of Motor Vehicles of the State of New York. Should the Department
of Motor Vehicles require registration or licensing of said vehicles, then
it shall be unlawful to operate said vehicle without proper registration and
licensing.
D.
In a manner that is disturbing and bothersome to adjoining
property owners.
E.
In a manner which causes, or otherwise results in, the
propulsion of sand, dirt, dust, rocks, gravel or other similar materials beyond
a property line.
F.
Upon public or private property in such a way as to harass,
worry or disturb farm animals, domestic livestock or wildlife or further to
destroy or damage crops or farm product.
G.
Without an operable muffler or other similar device to
reduce the sound emitted from the vehicle or at a noise level of 75 decibels
at a property or street line.
H.
On or near any public roadway so as to cause operators
of other motor vehicles to take evasive or irregular action to distance said
motor vehicle(s) from an ATV.
I.
Not in proper operating condition, which means that all
of the original operating equipment specified by the original manufacturer
or replacement equipment equal to the specifications of the original manufacturer's
equipment must be present.
J.
Upon any private street, easement or right-of-way within
the Town of Wallkill without the written permission of the owner of the private
street or right-of-way.
K.
While under the influence of liquor, drugs or any substance
that impairs the driver's ability to operate the vehicle to any extent
.
A.
A police officer may impound any ATV if:
(1)
The identity of the operator or owner of the ATV is unknown
to the officer;
(2)
The operator of the ATV has no evidence of permission
to operate the same on private property;
(3)
The operator has acknowledged a violation of this chapter
to the police officer effecting the impound; and
(4)
The ATV was involved in an accident causing serious injury
or death.
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 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 Town of Wallkill Police
Department upon payment of an impoundment fee of $500, which sum shall be
payable to the Town Clerk, and any storage fees as incurred by the Town of
Wallkill Police Department.
C.
The Police Department, upon the order of the Chief of
Police or his duly authorized subordinate, may release the ATV in the absence
of a court order if it deems that it has no further need of the vehicle for
purposes of identification, subject to payment of any fees for storage, transport
and impoundment.
A.
For any violation of the terms of § 243-3,
Prohibited acts, the offender shall be liable for a penalty not to exceed
$250 for a first offense and $500 for a second offense and any subsequent
offense within a twelve-month period measured from the date of the first alleged
violation of this chapter.
B.
Aggravated offense. It shall be an aggravated offense
of this chapter if the use of the vehicle results in damage to standing crops
or nursery production or otherwise involved damage to agricultural business
stock. The person found to have committed an aggravating offense shall be
subject to doubling of the fines set forth hereinabove.
This chapter shall not apply to:
A.
The operation of ATVs on any premises owned or leased
by the operator in the course of his business or upon any premises adjacent
thereto, when the operation is incidental to the owner's business and
the ATV is operated upon such adjacent property with the consent of the adjoining
landowner;
B.
The operation of ATVs by employees of a business owner
upon any premises owned or leased by the employer, when said operation is
performed within the scope of the employee's duties and for a legitimate
business purpose;
C.
The operation is performed for racing, exhibition or
contest purposes on private or public property for which the property owner
or lessee maintains necessary permits or authorization for such races, exhibitions
or contests; and
D.
The operation of ATVs under circumstances regulated by
any agency of the State of New York.
A.
This chapter is enacted pursuant to the Municipal Home
Rule Law.
B.
This chapter shall supersede the provisions of the Town
of Wallkill Town Code and any other local law, ordinance or resolution to
the extent it is inconsistent with the same and to the extent permitted by
the New York State Constitution, the Municipal Home Rule Law or any other
applicable statutes.
This chapter shall take effect upon posting and filing with the Secretary
of State of New York.
