[Added 7-6-2021 by L.L. No. 1-2021]
The reckless operation of unregistered off-road vehicles, including,
but not limited to, dirt bikes, ATVs, and other non-street-legal vehicles
on the streets and in the parks of the City of Poughkeepsie ("City")
have been a nuisance in recent years, particularly during summer months.
The operators of these vehicles, usually in groups, ride with abandon
over many parts of the City, including within City parks, with no
regard to traffic laws, their own well-being, or the safety of bystanders.
Additionally, such off-road vehicles create considerable noise and
disturb the peaceful enjoyment of residents and visitors.
While the operation of the dirt bikes, ATVs and other off-road
vehicles is already illegal on public highways under the New York
State Vehicle and Traffic Law, this article makes it explicitly unlawful
to operate such vehicles on the public highways and in the public
parks. It also expressly forbids the operation of these vehicles on
private property without the express consent of the owner or occupant
of such property.
This article also allows the police to impound any vehicles
used in violation of this article, provides for a $1,500 redemption
fee, which the title owner of a vehicle impounded under this article
must pay before the vehicle will be released back to the owner, and
a fine not to exceed $250 for violating the provisions of this article.
Failure to reclaim an off-road vehicle and pay the applicable redemption
fee will result in the destruction of such vehicle in accordance with
applicable laws.
For the purpose of this article, the following terms shall have
the meanings indicated:
All-terrain vehicles (sometimes known as "ATVs") as that
term is defined in § 2281, Subdivision 1, of the New York
State Vehicle and Traffic Law, off-highway motorcycles as that term
is defined in § 125-a of the New York State Vehicle and
Traffic Law, motocross or dirt bikes, dune buggies, go-carts and any
and all other types of motorized trail bikes, utility terrain vehicles
(UTVs), or vehicles that are manufactured for sale or operation primarily
on off-highway trails or for off-highway competitions and are only
incidentally operated on public highways. Nothing contained herein,
however, shall be deemed to apply to or prohibit the use of bicycles,
including electric-powered bicycles operated in compliance with applicable
state regulations.
To ride in or on, other than as a passenger, or use or control
the operation of, an off-road vehicle as defined above in any manner,
whether or not said off-road vehicle is underway.
Any highway, road, alley, street, avenue, public place, public
driveway or any other public way.
(a)
Public property. No person shall operate an off-road vehicle on a
public highway, street or on any other public property in the City
of Poughkeepsie.
(b)
Private property. No person shall operate an off-road vehicle off
a public highway on private property in the City of Poughkeepsie unless
such person has first obtained the express consent of the owner or
occupant of such property to operate the off-road vehicle on the property.
There shall be a rebuttable presumption that the operator of an off-road
vehicle, on private property in the City of Poughkeepsie, lacks consent
to operate the off-road vehicle on private property.
(a)
Any person who operates an off-road vehicle in violation of Section 14-74 of this chapter shall be guilty of an offense punishable by a fine not to exceed $250.
(b)
In addition to the penalties set forth in Subsection (a) of this section, a police officer may immediately impound an off-road vehicle that has been operated in violation of Section 14-74 of this chapter. Such impounded off-road vehicle shall be stored by the Police Department or enforcement agency pending the identification of the owner of such off-road vehicle as registered with the New York State Department of Motor Vehicles. Such title owner shall be sent notice of such impoundment, at the address on file with the New York State Department of Motor Vehicles, by certified mail within 10 days after the impoundment, if such titled owner can be identified. Neither the City of Poughkeepsie, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of any erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of Section 14-74 of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $1,000. An off-road vehicle impounded under this subsection shall only be released to the owner of such off-road vehicle, or to such owner's agent as evidenced by a written, notarized proof of agency, or duly executed power of attorney. After 60 days, any and all unclaimed off-road vehicles impounded as a result of a violation of this article shall be destroyed in accordance with all applicable laws.
The Chief of Police or their designee is charged with the enforcement
of the provisions in this article.
If any clause, sentence, paragraph or part of this article or
application thereof to any person or circumstances shall be judged
by any court to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof or the application thereof to
other persons and circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part hereof and the persons
or circumstances directly involved in the controversy in which the
judgment shall have been rendered.
