NY State Senate Bill 2009-S444

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 07, 2009	referred to transportation

2009-S444 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §2403, add §2414, V & T L
Versions Introduced in 2011-2012 Legislative Session:: S2605

2009-S444 (ACTIVE) - Summary

Specifies public lands shall include any public street or sidewalk within any city with a population of one million or more with regard to prohibiting the operation of all terrain vehicles upon such streets or sidewalks; and prohibits the storage of all terrain vehicles inside any private residential premises in any city with a population of one million or more, except a garage.

2009-S444 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S444

 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.

2009-S444 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   444

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 2403 of the  vehicle  and  traffic
law,  as added by chapter 402 of the laws of 1986, is amended to read as
follows:
  2. Public lands other than highways. No person shall operate an ATV on
any public lands, waters and property other than a highway, except  that
an  ATV may be operated on any such lands which have been designated and
posted for travel by ATVs in accordance with the provisions  of  section
twenty-four  hundred  five of this article.  PUBLIC LANDS SHALL INCLUDE,
BUT NOT BE LIMITED TO, ANY PUBLIC STREET OR SIDEWALK IN ANY CITY WITH  A
POPULATION OF A MILLION OR MORE.
  S  2.  The  vehicle and traffic law is amended by adding a new section
2414 to read as follows:
  S 2414. STORAGE OF ATVS. 1. IN ANY CITY WITH A POPULATION OF A MILLION
OR MORE, NO PERSON SHALL STORE AN ATV  INSIDE  ANY  PRIVATE  RESIDENTIAL
PREMISES,  EXCEPT IN A GARAGE OR OTHER AREA WHICH IS STRUCTURALLY SEGRE-
GATED FROM RESIDENTIAL LIVING AREAS.
  2. ANY PERSON WHO VIOLATES SUBDIVISION ONE OF THIS  SECTION  SHALL  BE
GUILTY  OF  A MISDEMEANOR PUNISHABLE BY NOT MORE THAN NINETY DAYS IMPRI-
SONMENT 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 PERSONALLY SERVED UPON SUCH PERSON IN ACCORDANCE WITH THE CIVIL PRAC-
TICE LAW AND RULES. NOTWITHSTANDING THE PROVISIONS OF  ANY  OTHER  LOCAL
LAW,  WHERE A SUMMONS OR A NOTICE OF VIOLATION IS ISSUED FOR A VIOLATION
OF SUBDIVISION ONE OF THIS SECTION, A MEMBER OF A POLICE  DEPARTMENT  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03594-01-9

S. 444                              2

ANY  CITY  WITH  A POPULATION OF A MILLION OR MORE MAY SEIZE AND IMPOUND
THE ALL TERRAIN VEHICLE.
  (A)  AN  ALL  TERRAIN  VEHICLE  SEIZED  AND IMPOUNDED PURSUANT TO THIS
SECTION SHALL BE RELEASED TO THE OWNER OR OTHER PERSON LAWFULLY ENTITLED
TO POSSESSION UPON PAYMENT OF THE COSTS OF REMOVAL AND STORAGE AND PROOF
OF PAYMENT OF ANY FINE OR CIVIL PENALTY IMPOSED FOR THE VIOLATION OR, IF
A PROCEEDING IN CONNECTION WITH THE VIOLATION IS PENDING BEFORE A COURT,
UPON THE POSTING OF A BOND OR OTHER FORM OF ACCEPTABLE  SECURITY  IN  AN
AMOUNT WHICH WILL SECURE THE PAYMENT OF SUCH COSTS AND ANY FINE OR CIVIL
PENALTY  WHICH  MAY  BE  IMPOSED  FOR THE VIOLATION. IF A COURT FINDS IN
FAVOR OF THE RESPONDENT,  THE  OWNER  SHALL  BE  ENTITLED  FORTHWITH  TO
POSSESSION  OF  THE ALL TERRAIN VEHICLE WITHOUT CHARGE AND TO THE EXTENT
THAT ANY AMOUNT HAS BEEN PREVIOUSLY PAID FOR RELEASE OF THE ALL  TERRAIN
VEHICLE SUCH AMOUNT SHALL BE REFUNDED.
  (B)  UPON  THE  SEIZURE  OF  AN  ALL  TERRAIN VEHICLE PURSUANT TO THIS
SECTION, WRITTEN NOTICE SHALL BE GIVEN OF THE PROCEDURE  FOR  REDEMPTION
OF  THE ALL TERRAIN VEHICLE. WHERE THE ALL TERRAIN VEHICLE IS REGISTERED
PURSUANT TO THIS CHAPTER, SUCH NOTICE SHALL ALSO BE MAILED TO THE REGIS-
TERED OWNER.
  (C) THE COMMISSIONER, IN CONSULTATION WITH A  POLICE  COMMISSIONER  OF
ANY  CITY WITH A POPULATION OF A MILLION OR MORE AND A FIRE COMMISSIONER
OF SUCH A CITY, SHALL PROMULGATE SUCH RULES AS  ARE  NECESSARY,  TO  SET
FORTH  THE  PROCEDURES  WHICH MUST BE FOLLOWED REGARDING THE SEIZURE AND
RELEASE OF ANY ALL TERRAIN VEHICLE PURSUANT TO THIS SECTION;  TO  ESTAB-
LISH  THE TIME WITHIN WHICH AN ALL TERRAIN VEHICLE WHICH IS NOT REDEEMED
SHALL BE DEEMED ABANDONED, AND THE PROCEDURES FOR  SUBSEQUENT  DISPOSAL;
AND TO PROVIDE FOR REASONABLE FEES FOR THE TRANSPORTATION AND STORAGE OF
SUCH VEHICLES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S444

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S444 (ACTIVE) - Details

2009-S444 (ACTIVE) - Summary

2009-S444 (ACTIVE) - Sponsor Memo

2009-S444 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Transportation Committee

Actions

2009-S444 (ACTIVE) - Details

2009-S444 (ACTIVE) - Summary

2009-S444 (ACTIVE) - Sponsor Memo

2009-S444 (ACTIVE) - Bill Text download pdf

Comments