[Adopted 10-19-2020 by L.L. No. 3-2020]
As used in this article, the following terms shall have the meanings indicated:
ATV
Any all-terrain vehicle as defined in § 2281 of the Vehicle and Traffic Law of the State of New York.
RESIDENCE
Any dwelling or dwelling unit located in the Town of Hyde Park as defined in § 108-2.2, Definitions, of the Zoning Law of the Town of Hyde Park.
It shall be unlawful for any person:
A. 
To operate nonexempt ATVs upon public property without written consent of the agency in whose name the title to the land rests;
B. 
To operate nonexempt ATVs on private property other than private property owned by the nonexempt ATV operator or the operator's immediate family without the written consent of the owner(s) of such private property. Such written consent must be dated and signed by the record owner(s) of the private lands where the ATV is being used, and must be carried on the person of an ATV operator at all times the ATV is being operated;
C. 
To operate a nonexempt ATV between 8:00 p.m. and 9:00 a.m.;
D. 
To operate nonexempt ATVs that do not comply with the requirements and regulations of the Department of Motor Vehicles of the State of New York, including insurance and registration of such vehicles;
E. 
No person shall operate any nonexempt ATV vehicle in the Town of Hyde Park upon private real property within 500 feet of a residence other than a residence on which the ATV is being operated at any time, regardless of whether such vehicle is licensed, unlicensed, registered or unregistered by the New York State Department of Motor Vehicles, unless such use is exempt;
F. 
To operate an ATV on public or private property in such a way as to harass, worry or disturb farm animals, domestic animals or wildlife;
G. 
To operate any ATV within the Town of Hyde Park on private property without a properly functioning muffler system which meets the muffler standards specified in New York State Vehicle and Traffic Law § 2406(1)(b);
H. 
To operate an ATV near any public roadway so that the operation of such ATV creates a hazard to traffic;
I. 
To operate an ATV in a repetitive or continuous manner that is disturbing or bothersome to nearby property owners, by reason of resulting noise, dust or other conditions arising from the operation of such vehicles.
J. 
To operate an ATV that is not in safe operating condition. All ATVs must have original operating equipment specified and supplied by the manufacturer or replacement equipment that is functionally equivalent to the specifications of the manufacturer of the ATV;
K. 
To operate an ATV on any private street or right-of-way in the Town without the written consent of the owner of the private street or right-of-way. Such written consent must be dated and signed by the record owner(s) of the private street or right-of-way where the ATV is being operated, and must be carried on the person of the ATV operator at all times the ATV is being operated;
L. 
To operate an ATV in a careless, reckless, or negligent manner that may endanger 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 alcohol or drugs in violation of § 1192 or 1192-a of the Vehicle and Traffic Law;
N. 
For a parent or guardian to authorize or knowingly permit a child under 16 years of age to operate an ATV in violation of any provision of this chapter; and
O. 
For the owner or any other person in possession of an ATV to authorize or knowingly permit a child under 16 years to operate such ATV in violation of any provision of this chapter.
No owner, resident, or person in control of private real property within the Town of Hyde Park shall use or permit the use of any ATV on such real properly unless such use is exempt or in compliance with the provisions of § 104-22.
The following uses of ATVs are exempt from the provisions of this article:
A. 
The operation of publically owned and emergency vehicles and ATVs by public officers, public officials or emergency personnel in the course and scope of their duties.
B. 
The operation of any ATV for the purpose of repairing or servicing it, or for the otherwise lawful maintenance, plowing, construction, repair, remodeling or grading of any structure or real property.
A. 
The operator and passenger of an ATV shall wear a helmet and goggles or face shields that are approved by the Department of Motor Vehicles of the State of New York for such use.
B. 
No person operating an ATV shall engage in racing or reckless operation.
C. 
No person operating an ATV shall carry any other person as a passenger except where designated for such purpose on the vehicle and equipped for such purpose by the manufacturer.
Duly sworn police officers of the Town of Hyde Park and other duly sworn law enforcement officers with jurisdiction in the State of New York are empowered to enforce this chapter. Law enforcement officers shall from time to time check the registration and insurance documents for an ATV being operated in the Town of Hyde Park. Law enforcement officers shall be authorized to stop any ATV that is being operated on private property for the purpose of determining if the operator possesses the required written consent of the property owner(s) to operate an ATV on such private property.
A. 
A law enforcement officer may impound an 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 proof of consent of the owner of the land to operate the same on said private property;
(3) 
The operator is in violation of any provision of this chapter;
(4) 
The ATV is involved in an accident causing personal injury or death while operated in violation of this chapter; or
(5) 
The ATV is required as evidence of a crime.
B. 
The period of impoundment for the ATV shall be for such period of time as is necessary for investigation by the law enforcement officers, which shall include use of the vehicle as evidence in any judicial proceeding. Any person wishing to have an ATV released from impoundment must make application before the appropriate court. The ATV shall be released upon court order. Upon receipt of said court order by the Police Department, the ATV shall be released by the Town of Hyde Park Police Department upon payment by the owner of an impoundment fee of $250, plus any removal and storage fees incurred by the Police Department, which sum shall be payable to the Town Clerk.
C. 
The Town of Hyde Park Police Department, upon the order of the Chief of Police or his duly authorized subordinate may, without court order, release such ATV if deemed to have no further need of the vehicle for evidence or as part of an investigation, after payment of the impoundment fee and removal and storage fees.
Any law enforcement officer is authorized to issue appearance tickets for violations of this chapter to operators and owners of ATVs and may file an accusatory instrument with the Town Justice Court pursuant to the rules contained in the Criminal Procedure Law.
A. 
Any person convicted of a violation of this article shall be liable for a penalty of up to $500 for a first violation; of not less than $750 for a second violation committed within one year of the date of the commission of the first violation, and not less than $750 nor more than $1,000 for a third violation committed within one year of the date of the commission of the first violation. Each incident is considered a separate violation.
B. 
Any person convicted of a fourth or subsequent violation of this article within one year of the date of the commission of the first violation shall be guilty of an unclassified misdemeanor and subject to a penalty of a fine of $1,000 or 15 days in jail, or both.