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[HISTORY: Adopted by the City Council of the City of Newburgh 9-27-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
A. 
The reckless operation of illegal, unregistered dirt bikes, all-terrain vehicles, also known as "ATVs," and other non-street-legal vehicles on the streets and in the parks of Newburgh has been a nuisance to City residents and visitors in recent years and particularly during the summer. The operators of these vehicles, usually in groups, ride with abandon over many parts of the City with no regard for traffic laws, their own well-being, or the safety of bystanders, or the considerable noise such off-road vehicles generate, disturbing the peaceful enjoyment of residents and visitors.
B. 
The operation of dirt bikes and ATVs is already illegal on public highways under the New York State Vehicle and Traffic Law. The purpose of this chapter is to promote the public health, safety and welfare of the City of Newburgh by making it explicitly unlawful to operate such vehicles on the public highways, in the public parks, or on any other private land in the City of Newburgh. It also expressly forbids the operation of these vehicles on private property without the express consent of the owner or occupant of such property.
For the purpose of this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLES
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 in this chapter, however, shall be deemed to apply to or prohibit the use of bicycles, including electric powered bicycles operated in compliance with applicable state and local regulations.
OPERATE
To ride in or on, other than as a passenger, or use or control the operation of an off-road vehicle, as defined in this chapter, in any manner, whether or not said off-road vehicle is underway.
PUBLIC HIGHWAY
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 or on any public property in the City of Newburgh.
B. 
Private property. No person shall operate an off-road vehicle off a public highway on private property in the City of Newburgh unless such person has first obtained the express consent of the owner or occupant of the 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 Newburgh lacks consent to operate the off-road vehicle on private property.
A. 
Any person who operates an off-road vehicle in violation of § 287-3A or B of this chapter shall be guilty of an offense punishable by a fine not to exceed $250 for a first offense, $400 for a second offense, and $550 for a third or each successive offense.
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 § 287-3A or B 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 a notice of such impoundment at the address on file with the New York State Department of Motor Vehicles by certified mail within five days after the impoundment. Neither the Police Department nor the City of Newburgh, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner. The owner of the off-road vehicle operated in violation of § 287-3A or B of this chapter may redeem such off-road vehicle upon satisfactory proof of ownership and payment of a redemption fee of $1,500. The redemption fee shall not be required where an off-road vehicle was stolen or otherwise used without the owner's permission and the owner of the off-road vehicle demonstrates proof of valid ownership and registration with New York State and files a sworn statement about the theft or unauthorized use with the City of Newburgh Police Department 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 agency as evidenced by a written, notarized proof of agency, or duly exercised power of attorney. Any off-road vehicles impounded as a result of a violation of § 287-3A or B of this chapter that remain unclaimed after a period of three months may be destroyed in accordance with applicable laws.