Intro. Res. No. 1588-2000 Laid on Table 6/6/2000
Introduced by Legislator Fields
RESOLUTION NO. 691-2000, ADOPTING LOCAL LAW NO. 18-2000, A LOCAL LAW TO REQUIRE TRUTH-IN-SELLING STATEMENT FOR ATV'SWHEREAS, there was duly presented and introduced to this County Legislature at a regular meeting held on June 27, 2000, a proposed law entitled, "A LOCAL LAW TO REQUIRE TRUTH-IN-SELLING STATEMENT FOR ATV'S", and said local law in final form is the same as when presented and introduced; now, therefore, be it
RESOLVED, that said local law be enacted in form as follows:Section 1. Legislative Intent
LOCAL LAW NO. 18-2000, SUFFOLK COUNTY, NEW YORK
A LOCAL LAW TO REQUIRE TRUTH-IN-SELLING STATEMENT FOR ATV'S
BE IT ENACTED BY THE COUNTY LEGISLATURE OF THE COUNTY OF SUFFOLK, as follows:
This Legislature hereby finds and determines that Local Law No. 29-1998, "A Local Law to Restrict the Use of Off the Road Vehicles in Suffolk County", bans the operation of All Terrain Vehicles (ATV's) on public property in Suffolk County and conditions the operation of such vehicles on private property on the express written consent of the property owner.
This Legislature further finds and determines that more effective implementation and enforcement of this law will require greater public knowledge and awareness as to the impact of the restrictions on where vehicles can be used and operated.
Therefore, the purpose of this law is to require notification to ATV purchasers as to the operational restrictions at the time of purchase.
Section 2. Amendment.
Sections 469-2 through 469-5 of the SUFFOLK COUNTY CODE are hereby amended
to read as follows:
Section 469-2 Definitions.Section 3. Applicability.
A.) "All Terrain Vehicle or ATV" shall mean any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails of off-highway competitions and only incidentally operated on public highways, provided that such vehicle does not exceed seventy inches in width or 1,000 pounds of dry weight, as defined in the NEW YORK VEHICLE AND TRAFFIC LAW. ATV's shall not include agricultural vehicles nor any vehicles used for law enforcement, fire, emergency or military purposes.
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F.) "Sell" shall mean to sell, exchange, give, or dispose of to another, or to offer to agree to do the same for good and valuable consideration.
Section 469-3. Limitations on Use.
A.) Public property. No person shall operate an ATV off a public highway on public property in the County of Suffolk.
B.) Private Property. No person shall operate an ATV off a public highway on private property in the County of Suffolk unless he has first obtained the express written consent of the property owner to operate the ATV on the property. There shall be a rebuttable presumption that the operator of an ATV off a public highway on private property in Suffolk County lacks the consent to operate the ATV if the operator cannot produce written consent from the property owner.
C.) Any business organization, including, but not limited to, any individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity of any kind who sells or offers for sale an ATV to any person, within the County of Suffolk for compensation, shall disclose, in writing, the restrictions set forth in paragraphs (A) and (B) of this section by conspicuously posting a statement of these restrictions at each point of sale (all capital letters not less than two (2) inches in height on a contrasting background). This statement shall read as follows:
IT IS UNLAWFUL TO OPERATE AN ATV OFF A PUBLIC HIGHWAY ON PUBLIC PROPERTY IN SUFFOLK COUNTY. WRITTEN CONSENT OF THE PROPERTY OWNER IS REQUIRED IF AN ATV IS USED ON PRIVATE PROPERTY.The purchaser shall also be provided with a written copy of this statement by the seller at the conclusion of the purchase of the ATV.
Section 469-4. Penalties for offenses; enforcement.
A.) A conviction of Sections 369(A) or (B) of this article shall be deemed a criminal violation. The first conviction for a violation of Sections 469-3(A) or (B) of this article shall be punishable by a minimum fine of $100.00, with a maximum fine of $250.00. A second conviction for a violation of Sections 469-3(A) or (B) of this article after having been convicted of a violation of Sections 469-3(A) or (B) within the last five years, shall be punishable by a minimum fine of $250.00, with a maximum fine of $500.00. A third conviction for a violation of Sections 469-3(A) or (B) of this article after having been twice convicted of same, within the last five years, shall be guilty of an unclassified misdemeanor and shall be punishable by a fine of $500.00 and/or a term of imprisonment not to exceed 16 days.
B.) Willful failure to comply with Section 469-3(C) of this article shall constitute a violation punishable by a civil fine of $250.00 for each violation. Each day or part of a day on which a violation continues shall constitute a separate violation. Section 469-3(C) of this Article shall be enforced by the Suffolk County Office of Consumer Affairs.
C.) The parent or legal guardian, other than a state or legal social services department foster parent having custody, of any unemancipated person under the age of 18 years of age found guilty of a violation of this article shall be responsible for the payment of the fine imposed by a court of competent jurisdiction for such violation. In no event shall it be a defense that the parent or legal guardian has exercised due diligent supervision over the activities of the person under the age of 18 years of age.
Section 469-5. Impoundment and Redemption.
A) In addition to the penalties set forth in Section 4 of this law, a police officer or peace officer may immediately impound an ATV operated in violation of Section 3 of this law. Such impounded ATV shall be stored by the pertinent pertinent police department or enforcement agency pending the identification of the owner and notice of such impoundment. The law enforcement agency shall not be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the ATV utilized in violation of this law may redeem the same upon satisfactory proof of ownership and payment of a $250.00 redemption fee. Such impounded ATV may only be released to the owner of the ATV or to his or her agent as evidenced by a written, notarized agent agreement or duly executed power of attorney.
B.) Any ATV used in violation of Paragraphs (a) and (B) of Section 469-3 of this article, shall be subject to seizure by any peace officer or police officer, and may be forfeited as provided for in Chapter 270, Article IV, Sections 270-26 through 270-29 of the SUFFOLK COUNTY CODE. If the ATV is not forfeited, the owner may redeem the vehicle only upon payment of a $500.00 redemption fee.
This law shall apply to all actions occurring on or after the effective date of this law.Section 4. Severability.
If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
Section 5. S.E.Q.R.A. Determination
This Legislature, being the State Environmental Quality Review Act (SEQRA) lead agency, hereby hereby finds and determines that this law constitutes a Type II action pursuant to Section 617.5(c)(21) of Title 6 of the NEW YORK CODE OF RULES AND REGULATIONS (6 NYCRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agency administration, management and information collection. The Suffolk County Council on Environmental Quality (CEQ) is hereby directed to circulate any appropriate SEQRA notices of determination of non-applicability or non-significance in accordance with this law.
Section 6. Effective Date
This law shall take effect immediately upon filing in the Office of the Secretary of State.
DATED: August 31, 2000
County Executive of Suffolk County
after a public hearing duly held on September 11, 2000
Date of Approval: 9/25/00
Filed with the Secretary of State on October 12, 2000