Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 9.
Parks and recreation areas — See Ch. 10.
Highways — See Ch. 38.
Trespassing — See Ch. 71.

§ 37-1 Definitions.

[Amended 9-7-2004 by L.L. No. 23-2004, effective 9-13-2004]
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
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 vehicle manufactured for off-highway use which utilizes the endless belt tread.
MOTORIZED VEHICLES
Any self-propelled vehicle which is not an all-terrain vehicle and is not an automobile, truck, or agricultural equipment as these terms are defined in the New York State Vehicle and Traffic Law, manufactured for sale for operation primarily on private property and only incidentally operated on public highways, including, but not limited to, minibikes, mopeds, go-peds, scooters, pocket scooters, motor-assisted bicycles and go-carts.
OPERATOR
The individual person operating the all-terrain vehicle or motorized vehicle, whether or not he or she is the owner of the all-terrain vehicle or motorized vehicle.
PUBLIC PROPERTY
All sidewalks, easements or other areas dedicated or commonly used by the public, as well as all lands in which title is vested in the Town of Brookhaven, other political subdivisions or agencies or public authorities thereof, located within the Town of Brookhaven, but not including public highways.

§ 37-2 Operation on private property.

[Amended 3-21-1995 by L.L. No. 11-1995, effective 3-27-1995; 9-7-2004 by L.L. No. 23-2004, effective 9-13-2004]
A. 
No all-terrain vehicle or motorized vehicle shall be operated on public property under the jurisdiction of the Town of Brookhaven.
B. 
No all-terrain vehicle or motorized vehicle shall be operated on private property in the Town of Brookhaven unless the operator thereof is in possession of written permission from the property owner for that particular all-terrain vehicle or motorized vehicle to be operated on the owner’s property.

§ 37-3 (Reserved) [1]

[1]
Editor's Note: Former § 37-3, Permit requirements, was repealed 3-21-1995 by L.L. No. 11-1995, effective 3-27-1995.

§ 37-4 Impoundment; redemption.

[Amended 3-15-1988 by L.L. No. 5-1988; 10-18-1988 by L.L. No. 23-1988; 9-7-2004 by L.L. No. 23-2004, effective 9-13-2004]
A. 
Any all-terrain vehicle or motorized vehicle operated in violation of any of the provisions of this chapter may be impounded. The Town of Brookhaven Commissioner of General Services shall store the impounded vehicle in a suitable place at the expense of the owner. The Commissioner shall, to the extent possible, report the impoundment of each all-terrain vehicle or motorized vehicle to the Department of Motor Vehicles and the Suffolk County Police Department. The Commissioner shall, to the extent possible, ascertain the owner or custodian of the all-terrain vehicle and notify him of the impoundment and the requirements to redeem the same.
[Amended 1-7-2014 by L.L. No. 1-2014, effective 1-9-2014]
B. 
The owner may redeem the vehicle upon production of proof of ownership and payment of all removal and storage fees as may be set from time to time by a Town Board resolution to cover the costs of the Town. Any all-terrain vehicle or motorized vehicle not redeemed within 10 business days of impoundment shall be treated as an abandoned vehicle under § 1224 of the Vehicle and Traffic Law.

§ 37-5 Conflicts with other laws.

[Amended 9-7-2004 by L.L. No. 23-2004, effective 9-13-2004]
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 all-terrain vehicles, then, in that instance, said laws of the State of New York shall prevail.

§ 37-6 Severability

[Added 9-7-2004 by L.L. No. 23-2004, effective 9-13-2004]
The various parts, sections and clauses of this chapter hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

§ 37-7 Penalties for offenses.

[Amended 4-7-1998 by L.L. No. 8-1998, effective 4-13-1998]
Any person convicted of violating any provision of this chapter shall be punishable as follows:
A. 
For a first conviction, by a fine not less than $250 nor more than $500.
B. 
For a second conviction, by a fine not less than $500 nor more than $750.
C. 
For a third and subsequent conviction, by a fine not less than $750 nor more than $1,000.