[HISTORY: Adopted by the Town Board of the Town of East Hampton 7-1-1983; amended in its entirety 4-19-1996 by L.L. No. 7-1996. Subsequent amendments noted where applicable.]
Vehicles and traffic — See Ch. 240.
The Town Board of the Town of East Hampton recognizes the potential adverse impact on the health, safety and general welfare of the residents of the town and to property within the town caused by the use of all-terrain vehicles (ATV's) and, therefore, deems it appropriate to control the use of said vehicles as set forth herein.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE or ATV
- Any self-propelled vehicle which is made or manufactured for operation primarily on off-highway trails or in off-highway competitions and which is only incidentally operated on public highways, provided that such vehicle does not exceed 60 inches in width or 800 pounds dry weight. This definition shall also include any snowmobile or other self-propelled tracked vehicle which is made or manufactured for operation primarily on off-highway trails or in off-highway competitions.
- TOWN PROPERTY
- All land owned by the Town of East Hampton, including town highways, trails and parklands, and any private land over which the Town of East Hampton possesses an easement allowing for public trail use.
It shall be unlawful for any person to operate an ATV upon any town property, as defined herein.
It shall be unlawful for any person to operate an ATV upon private property within the town unless the operator of the ATV possesses and presents written permission of the owner of the private property to operate said vehicle on said property.
The provisions of this chapter shall not apply to the operation of an ATV by a police officer or other government employee in the conduct of his or her official duties, nor shall it apply to the operation of such vehicles in responding to a medical, fire or other emergency.
It shall be unlawful for the parent, guardian or any other person having the care, custody, or control of a child under the age of 16 years knowingly to permit such child to operate an ATV in violation of the provisions of this chapter.
Whenever a child under the age of 16 years is alleged to have violated this chapter, his or her parent, guardian or any other person having the care, custody or control of the child shall be notified of the alleged violation by the Chief of Police or by a person designated by him to give such notice.
The police shall immediately impound any ATV operated in violation of the provisions of this chapter. The ATV shall be returned upon payment of the fine or upon direction of the court.
Any person who shall violate any of the provisions of this chapter, including any parent, guardian or other person having the care, custody or control of a child under the age of 16 years and who knowingly permits such child to operate an ATV in violation of the provisions of this chapter, shall, upon conviction thereof, be sentenced to a fine not to exceed $250.
Should any section or portion of this chapter conflict with the laws of the State of New York applicable to the operation, registration, ownership or control of ATV's, the laws of the State of New York shall take precedence.
The provisions of this chapter are declared to be severable. If any section, subsection, sentence, clause or phrase hereof shall, for any reason, be held to be invalid or unconstitutional by a court of competent jurisdiction, such determination of invalidity or unconstitutionality shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this chapter, which shall continue in full force and effect, this being the intent of the Town Board.