[HISTORY: Adopted by the Town Board of the
Town of Marlborough at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Amendments noted where applicable.]
Increased use of motorized sport bikes, hereafter
called "all-terrain vehicles (ATV's)," throughout the Town of Marlborough
without any regard for the rights of the property owners whose property
is used for the operation of these ATV's, without the permission of
said landowners and without regard for the noise emanating from said
ATV's and the dirt and dust raised up into the air by the operation
of these ATV's has increased to such a degree that these ATV's 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 (ATV) 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," "goKarts,"
"all-terrain vehicles (ATV's)," "dune buggies" and "trail bikes,"
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.
All land and buildings in the Town of Marlborough 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 Marlborough,
any school district, the County of Ulster 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 from 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.
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's 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 Marlborough 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 sixteen (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 sixteen (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.
[Amended 10-9-2012 by L.L. No. 3-2012]
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,
and operator of the ATV has no evidence of permission to operate the
same on private property;
(2)
The
operator is in violation of this chapter; or
(3)
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 Marlborough Town Police Department upon payment of all impoundment fees set by the Town of Marlborough, and upon direct payment of all towing and storage charges imposed by private towing concerns which the Town may use for the purpose of impoundment after following the eligibility and selection processes set forth in Chapter 140 of the Town Code.
C.
The Town Police Department, upon the order of the Chief of Police or his duly authorized subordinate, may, of its own volition, 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 fees, and towing and storage charges identified in Subsection B of this section.
[Amended 10-9-2012 by L.L. No. 3-2012]
A.
This chapter
shall be enforced by the Building Inspector or by the Police Department
of the Town of Marlborough.
B.
Any violation
of the provisions of this chapter shall for a first conviction thereof
be punished by a fine of not more than $300 or by imprisonment of
not more than 15 days, or by both such fine and imprisonment; for
a conviction of a second violation, both of which were committed within
10 years, the convicted person shall be punished by a fine of not
more than $500 or by imprisonment of not more than 15 days, or by
both such fine and imprisonment; upon a conviction of a third or subsequent
violation, all of which were committed in a period of 10 years following
the second violation, such convicted person shall be punished by a
fine of not more than $500 or by imprisonment of not more than 15
days, or by both such fine and imprisonment.
This chapter shall not apply to the operation
of ATV's 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 ATV's 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 ATV's, such inconsistencies,
conflicts or variations shall be governed or controlled in favor of
the state law.
