Prohibits the operation and storage of all terrain vehicles in certain places

BILL NUMBER:S2605

Title of bill

An act to amend the vehicle and traffic law, in relation to prohibiting the storage and operation of all terrain vehicles in certain places

Purpose

This bill will prohibit the operation and storage of all terrain vehicles in certain places.

Summary of provisions

Section 1 of this bill will amend subdivision 2 of section 2403 of the vehicle and traffic law, as added by chapter 402 of the laws of 1986. Public lands shall include, but not be limited to, any public street or sidewalk in any city with a population of one million or more.

Section 2 of this bill will create a new section 2414. In a city with a population of one million or more, no person shall store an ATV inside any private residential premises, except in a garage or other area which is structurally segregated from residential living areas. A violation of this section shall be guilty of a misdemeanor that is punishable by not more than ninety days imprisonment or by a fine of not more than one thousand dollars or by both such fine and imprisonment. A notice of violation of this section shall be served upon such person in accordance with civil practice law and rules.

When a violation occurs, the police department may seize and impound the ATV. An ATV seized and impounded pursuant to this section shall be released to the owner upon payment of the cost for removal and storage and proof of payment of any fine.

Section 3 enacts this bill one hundred and twenty days after it shall have become law.

Justification

All-terrain vehicles, like other motorized vehicles should not be stored within homes and apartment buildings. New York City has established guidelines for ATVs that disallow their use on streets and sidewalks. The purpose of this bill is to keep ATVs out of residential units and to properly store them outdoors or in a garage. The danger of allowing such vehicles to be stored within a home is the possibility of fuel vapors spontaneously cornbusting, resulting in residential fires or even worse, resulting in injury or loss of life. Such an accident occurred on June 8, 2003, when a mini-quad (a small engine ATV) was stored in a hallway of a Bronx apartment building. The mini quad set afire when a kitchen stove was lit. It engulfed a 14-year old Bronx girl that later died from burns and smoke inhalation.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become law.