[HISTORY: Adopted by the Board of Trustees of the Village of Poquott 11-18-2004
by L.L. No. 4-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 169.
This chapter shall be entitled "Local Law 4 of 2004, a Local Law Establishing
Regulations Regarding All-Terrain Vehicles and Personal Vehicles in the Village
of Poquott."
The Board of Trustees of the Incorporated Village of Poquott hereby
finds and determines that the environment and quality of life in the Village
of Poquott are essential assets of the Village; that the environment and its
preservation through the regulation of all-terrain vehicles and other personal
vehicles is important to the quality of life, safety and well-being of the
residents of the Village and their guests; and that regulation of these vehicles
is necessary for the preservation of the property and property values in the
Village of Poquott.
The purpose and intent of this chapter is to preserve the environment
and the quality of life in the Village of Poquott by establishing regulations
regarding all-terrain vehicles and other personal vehicles in the Village
of Poquott.
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.
The individual person operating the all-terrain vehicle or the personal
vehicle, whether or not he or she is the owner of the all-terrain vehicle
or personal vehicle.
A personal vehicle for purposes of this chapter shall be any motorized
or otherwise self-propelled vehicle, including but not limited to scooters,
minibikes and other motorized bikes and vehicles that are intended to be for
the transport of either one or two individuals. For purposes of this chapter
a personal vehicle does not include a motorcycle which is properly registered
with the New York State Department of Motor Vehicles and is operated in accordance
with the Vehicle and Traffic Law of the State of New York.
All property in the Village of Poquott that is owned by an individual
or individuals, corporation, partnership, limited liability company or partnership,
association or other form of ownership other than a municipal corporation,
authority or other government entity, including but not limited to the residential
properties in the Village.
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 Village
of Poquott, other political subdivisions or agencies or public authorities
thereof, located within the Village of Poquott, including public highways.
A.
No all-terrain vehicle or personal vehicle shall be operated
on public property that is in the Village of Poquott and which is either owned
by or under the jurisdiction of the Village of Poquott, including the public
roads and right-of-ways in the Village.
B.
No all-terrain vehicle or personal vehicle shall be operated
on private property in the Village of Poquott unless the operator thereof
is in possession of written permission from the property owner for that particular
all-terrain vehicle or personal vehicle to be operated on the owner's
property.
A.
Any all-terrain vehicle or personal vehicle that is operated
in violation of any of the provisions of this chapter is subject to impoundment
by the Village of Poquott.
B.
The Poquott Village Clerk or Village Code Enforcement
Officers shall store any all-terrain vehicle or personal vehicle which is
impounded in a suitable place at the expense of the owner.
C.
The Village shall report the impoundment of each all-terrain
vehicle or personal vehicle to the Department of Motor Vehicles and the Suffolk
County Police Department. The Village shall, to the extent possible, ascertain
the identity of the owner and custodian of the all-terrain vehicle or personal
vehicle and notify the owner of the impoundment and the requirements to redeem
the same.
D.
The owner may redeem the vehicle from impoundment upon
production of proof of ownership and payment of all removal and storage fees
as may be set from time to time by a Village Board resolution to cover the
costs to the Village of the removal and storage.
E.
Any all-terrain vehicle or personal vehicle which is
not redeemed within 10 business days of notification to the owner of the impoundment
if the owner can be identified, or within 10 business days of the impoundment
if the owner or the owner's address are not known, shall be treated as
an abandoned vehicle under § 1224 of the Vehicle and Traffic Law.
Any person convicted of violating any provision of this chapter shall
be punishable as follows: Each violation of this chapter shall be punishable
by a fine of not less than $250, plus the cost of impoundment and storage
and any other costs incurred by this Village in the impoundment of the vehicle
and the enforcement of this of this chapter.
