NY State Senate Bill 2009-S665

Senate Bill S665

2009-2010 Legislative Session

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

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Jan 12, 2009	referred to transportation

2009-S665 (ACTIVE) - Details

See Assembly Version of this Bill:: A3453
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §2403, V & T L

2009-S665 (ACTIVE) - Summary

Prohibits the operation of all-terrain vehicles on school grounds, and baseball, football and soccer fields, without the permission of the owner thereof, provided that the owner or lessee has erected "No Trespassing" signs thereon.

2009-S665 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S665

 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.

2009-S665 (ACTIVE) - Bill Text download pdf

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

                                   665

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by  Sen.  LARKIN -- 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  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

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