S T A T E O F N E W Y O R K
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3453
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
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Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the opera-
tion of an all-terrain vehicle on school grounds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2403 of the vehicle and traffic law is amended by
adding a new subdivision 3-b to read as follows:
3-B. SCHOOL GROUNDS. (A) NO PERSON SHALL OPERATE AN ATV ON SCHOOL
GROUNDS, OR ON ANY BASEBALL, FOOTBALL OR SOCCER FIELD WITHOUT THE
CONSENT OF THE OWNER OR LESSEE THEREOF, WHERE SUCH OWNER OR LESSEE HAS
ERECTED OR MAINTAINED ANY SIGN, STRUCTURE, DISPLAY OR DEVICE PROHIBITING
THE TRESPASS THEREON, AND WHICH SHALL INCLUDE A SIGN STATING: "NO TRES-
PASSING". A VIOLATION OF THIS SUBDIVISION SHALL BE A TRAFFIC INFRACTION
AND SHALL UPON A CONVICTION OF A FIRST VIOLATION BE PUNISHABLE BY A FINE
OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT
MORE THAN FIFTEEN DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; AND UPON A
CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN A
PERIOD OF EIGHTEEN MONTHS, SHALL BE PUNISHABLE BY A FINE OF NOT MORE
THAN FOUR HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN
FORTY-FIVE DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT; AND UPON A
CONVICTION OF A THIRD OR SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMIT-
TED WITHIN A PERIOD OF EIGHTEEN MONTHS, SHALL BE PUNISHABLE BY A FINE OF
NOT MORE THAN FIVE HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT FOR NOT MORE
THAN NINETY DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "SCHOOL GROUNDS" SHALL MEAN
ANY ATHLETIC PLAYING FIELD, PLAYGROUND OR LAND CONTAINED WITHIN THE REAL
PROPERTY BOUNDARY LINE OF A PUBLIC OR PRIVATE ELEMENTARY, SECONDARY OR
VOCATIONAL SCHOOL.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05415-01-9