[HISTORY: Adopted by the Town Board of the
Town of Babylon 6-4-1985 by L.L.
No. 2-1985. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any motor-driven off-road recreational vehicle capable of
cross-country travel without benefit of a road or trail on or immediately
over land, snow, ice, marsh, swampland or other natural terrain, including
but not limited to a multitrace or multiwheel drive, or low-pressure
tire vehicle, a motorcycle or related two- or three-wheel vehicle,
a motorbike or dirtbike, an amphibious machine, a ground effect air
cushion vehicle or other vehicle which derives motive power from a
source other than muscle or wind. An off-road vehicle shall not include
a registered snowmobile, a farm vehicle being used for farming purposes,
a vehicle used for fire, emergency, law enforcement or military purposes,
a construction or logging vehicle used in performance of its common
function or a registered aircraft.
All property located within the Town of Babylon which does
not constitute public property.
All streets, 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 Babylon, other political subdivision or agency
or public authority thereof located within the Town of Babylon.
No person shall operate an off-road vehicle
on any roads, streets, public lands, parks or beaches or, in the case
of private property, unless the operator has the express permission
of the property owner to operate the vehicle on the property.
There shall be a rebuttable presumption that
the operator of an off-road vehicle on private property lacks consent
to so operate the vehicle if the operator cannot produce written consent
from the property owner to operate said vehicle on said private property.
[Amended 12-20-2006 by L.L. No. 43-2006; 4-27-2022 by L.L. No. 10-2022]
A.Â
A person or business entity who commits any acts in
violation of this chapter shall be deemed to have committed an offense
and shall, upon conviction thereof, be subject to a fine of not less
than $100 and not more than $500, or imprisonment for a period not
exceeding 10 days, or both a fine and imprisonment, for a first offense;
and for a second or subsequent offense occurring within five years
of the first offense, a fine or penalty of not less than $500 nor
more than $1,000, or imprisonment for a period not exceeding 20 days,
or both a fine and imprisonment.
B.Â
Any person or entity found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty within the range of fines authorized in Subsection A for a first offense and subsequent offenses.
C.Â
Any fine or monetary penalty imposed under this section
shall be in addition to and distinct from the redemption fee, and
the payment of a fine imposed by the court cannot be applied to or
credited against the payment of said redemption fee, or vice versa.
[Amended 12-20-2006 by L.L. No. 43-2006]
A.Â
In addition to other provisions of this chapter, the state, county or local police or law enforcement agencies who shall enforce the provisions herein, including those specified in § 209-6 herein, may immediately impound any off-road vehicle operated in violation of this chapter. Such impounded vehicles shall be stored by the Department of Public Works. The owner of the off-road vehicle so impounded may redeem the same upon satisfactory proof of ownership and payment of a redemption fee of $175 for impoundment and $25 per day for storage. No vehicle impounded under this chapter shall be released to the owner or operator without the payment of such redemption fee.
B.Â
The owner of the vehicle shall be given notice by
the Town Attorney's Office or the Department of Public Works that
such vehicle has been impounded and that if the vehicle is not redeemed
within 14 days of the date of the notice, same shall be deemed abandoned
by the owner and sold at public auction. Such notice shall be mailed
by certified or registered mail, return receipt requested, and addressed
to the vehicle's owner at the last known address. The Department of
Public Works shall make a reasonable search for the name and address
of the owner by checking with the New York State Department of Motor
Vehicles and/or with such other sources, if any, as the Department
may deem advisable. If the owner cannot be determined after a search,
such notice shall be posted on the official board of the Babylon Town
Clerk and on the official board of the Department of Public Works
for 14 days.
C.Â
If the recreational vehicle is not redeemed and/or
all fees and charges are not paid at the expiration of 14 days of
the date of written notice or date of posting on the official boards
of the Town, said property shall be deemed abandoned by the owner,
and the Town Board may order the vehicle sold at public auction. The
Director of Public Works, may, at his discretion, extend the time
in which to redeem the vehicle or pay the fees and costs, upon good
cause shown by an owner.
[Amended 12-20-2006 by L.L. No. 43-2006]
The provisions of this chapter shall be enforced
by Public Safety Officers in the Department of Planning and Development,
and/or by Bay Constables, Ordinance Inspectors, and/or Park Rangers.
