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S665Senate2009-2010 SessionSame asA3453

Prohibits the operation of all-terrain vehicles on school grounds, and baseball, football and soccer fields, without the permission of the owner thereof

Sponsor William J. Larkin Jr.SD-39Affects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
William J. Larkin Jr.

Senator · Senate District 39

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to the operation of an all-terrain vehicle on school grounds

Purpose

To increase the penalties for the illegal operation of an All Terrain Vehicle (ATV) on public or private school grounds or on any baseball, football or soccer field that has been conspicuously posted as a no-trespassing area.

Summary of provisions

Section 1: Adds a new Vehicle & Traffic Law section 2403 (3-b) to make it a traffic infraction to illegally trespass on a posted school ground or athletic field with an ATV without the consent of the owner. This provision provides for a graduated punishment if the violator commits a similar infraction within an 18 month period of time.

Existing law

There are few penalties for the unauthorized use of an ATV on school grounds or on community athletic fields.

Justification

The unauthorized use of ATVs can be prevalent on certain school grounds and on community athletic fields. The repeated use of ATVs on such lands can cause extensive and expensive damage to these community assets. The inappropriate use of ATVs on school grounds and athletic fields can result in ruined baseball fields, ruts in football fields, and changes in water drainage patterns that makes certain fields wet and unusable for athletic events.

Under current law, defendants that are cited for trespass on school grounds are rarely fined the maximum of $250 and are often released with a warning or admonishment not to commit the violation again. The court's disposition to dismiss complaints for the illegal use of ATVs has had a chilling effect on law enforcement officers who are faced with the proposition of citing those who illegally use ATVs on another's property. The criminal penalties in this bill are increased to help deter this activity and to give law enforcement officers more tools to deter this activity so that community assets can be better protected. A similar bill increasing the penalties for the unauthorized use of ATVs on agricultural lands was signed into law as Chapter 601 of the Laws of 2005.

Legislative history

S.7111 of 2005/2006, S.578 of 2007/2008

Fiscal implications

None.

Local fiscal implications

None.

Effective date

The first of November next succeeding the date of enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.