[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
[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:
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.
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.
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.
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.
[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.
[1]
Editor's Note: Former § 37-3, Permit
requirements, was repealed 3-21-1995 by L.L. No. 11-1995, effective
3-27-1995.
[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.
[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.
[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.
[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:
