[HISTORY: Adopted by the Town Board of the Town of Warwick 9-14-1989
by L.L. No. 3-1989. Amendments noted where applicable.]
[Amended 10-25-2001 by L.L.
No. 5-2001]
Increased use of ATVs throughout the Town of Warwick without any regard
for the rights of the property owners whose property is used for the operation
of those ATVs, without the permission of said landowners and without regard
for the noise emanating from said ATVs, and the dirt and dust raised up into
the air by the operation of these ATVs, has increased to such a degree that
these ATVs are not only hazardous and detrimental to property owners and residents
but also to those who operate them with no regard for their own safety or
the safety of others.
As used in this chapter, the following terms shall have the meanings
indicated:
Any all-terrain vehicle that is motor-propelled or contains a motor
to assist the operation of said vehicle, and which vehicles are commonly referred
to as "dirt bikes," "minibikes," "trail bikes," "motorized sport bikes," GoKarts,"
"all-terrain vehicles (ATVs)," "trikes," "quads," "dune buggies," and "golf
carts," etc., which vehicles, by their nature and design, are not intended
to be used and operated along paved roads and highways but are intended, rather,
to be operated in dirt, sand, up and down hills, along trails and in similar-type
areas.
[Amended 10-25-2001 by L.L.
No. 5-2001]
All land and buildings in the Town of Warwick not included in the
definition of "public property" nor part of the public road system.
Lands and buildings owned or leased by the Town of Warwick, any school
district, the County of Orange or the State of New York or any other equivalent
public body. This definition specifically excludes any public roadways owned
or maintained by any of the aforementioned public entities.
It shall be unlawful:
A.
To operate an ATV upon public property at any time without
express consent or permit issued by the governmental agency in control of
said property.
B.
To operate an ATV on private property, other than that
private property owned by the family of the operator, without the written
consent of all of the owners of the private property.
C.
To operate an ATV for sport or recreation during the
period of 9:30 p.m. to 8:30 a.m.
D.
To operate an ATV that does not comply with the requirements
and regulations of the Department of Motor Vehicles of the State of New York.
Should the Department of Motor Vehicles require registration or licensing
of said vehicles, then it shall be unlawful to operate said vehicle without
proper registration and licensing.
E.
To operate an ATV that causes noises that are disturbing
and bothersome to adjoining property owners and those properties within 500
feet of any property upon which an ATV is operated.
[Amended 8-19-2004 by L.L. No. 3-2004]
F.
To operate an ATV so as to cause it to propel sand, dirt,
dust, rocks, gravel or other similar materials into the air so as to be likely
to injure persons and/or damage property.
G.
To operate an ATV on public or private property in such
a way as to harass, worry or disturb farm animals, domestic livestock or wildlife
or further to destroy or damage crops or farm produce.
H.
To operate an ATV without the ATV containing a muffler
or other similar device to reduce the sound coming from the engine of the
vehicle.
I.
To operate an ATV near any public roadway so that the
operation of said ATV would cause operators of automobiles, motorcycles or
trucks to have to take evasive or irregular action to move away from said
ATV.
J.
To operate an ATV without the ATV being in proper operating
condition, which means that all of the original operating equipment specified
by the original manufacturer must be present on the bike or replacement equipment
equal to the specifications of the original manufacturer's equipment is present
and in operating condition at least equal to the manufacturer's requirements
for the proper operation thereof.
K.
To operate an ATV on any private street or right-of-way
within the Town of Warwick without the written permission of the owner of
the private street or right-of-way.
L.
To operate an ATV in a careless, reckless or negligent
manner which endangers the safety of any person; including the operator himself,
or the property of any person.
M.
To operate an ATV while under the influence of liquor
or drugs.
N.
For a parent or guardian to authorize or knowingly permit
a child or ward, if under 16 years of age, to operate an ATV in violation
of any provision of this chapter or any rules or regulation promulgated thereunder.
O.
For the owner or other person in possession of any ATV
to authorize or knowingly permit any person under 16 years of age to operate
such vehicle in violation of any provisions of this chapter.
A.
The operator of an ATV shall wear a helmet upon his head
and goggles or face shields on his face, such as approved by the Department
of Motor Vehicles of the State of New York.
B.
No person operating an ATV or motorcycle shall engage
in fancy or trick riding or ride without maintaining full control of the ATV
or remove both hands from the handlebar.
C.
No person operating an ATV shall carry any other person
on it except in a place designated for such purpose and equipped for such
purpose as part of the original manufacture for said purpose.
A.
A police officer may impound any ATV if:
(1)
The identity of the operator or owner of the ATV is unknown
to the officer.
(2)
The operator of the ATV has no evidence of permission
to operate the same on private property.
(3)
The operator is in violation of this chapter.
(4)
The ATV was involved in an accident causing serious injury
or death while operated in violation of this chapter.
B.
The period of impoundment for the ATV shall be for such
period of time as is necessary for police purposes, which shall include use
of the vehicle for identification in any court action. Any person wishing
to have an ATV released from impoundment must make motion before the appropriate
court, and said ATV shall only be released upon court order. Upon receipt
of said court order, the ATV shall be released by the Warwick Town Police
Department upon payment of an impoundment fee of $500, which sum shall be
payable to the Town Clerk, and any storage fees as incurred by the Warwick
Police Department.
[Amended 8-19-2004 by L.L. No. 3-2004]
C.
The Town Police Department, upon the order of the Chief
of Police or his duly authorized subordinate, may, of its own violation, without
court order, release such ATV if it deems that it has no further need of the
vehicle for purposes of identification, but only after payment of the impoundment
fee of $500 and storage fees as above.
[Amended 8-19-2004 by L.L. No. 3-2004]
[Amended 8-19-2004 by L.L. No. 3-2004]
For any violation of the terms of § 155-3, Prohibited acts, and § 155-4, General regulations, the offender shall be liable for a penalty of not more than $250 for a first offense and $1,000 for a second or subsequent offense. An offense shall be considered a second, third, fourth, fifth, etc., offense if, during a period within 10 years of the conviction for the first offense against this chapter, a person is convicted of another offense of violating this chapter.
This chapter shall not apply to the operation of ATVs on premises owned
by the operator in the course of his business or by employees of the owner
on the business of the owner nor to the operation of ATVs under circumstances
regulated by any agency of the State of New York.
In the event that this chapter or any of the provisions herein shall
conflict or vary with existing or prevalent state law involving the operation
of ATVs, such inconsistencies, conflicts or variations shall be governed or
controlled in favor of the state law.
