Senate Bill S2436A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2436--A
     Cal. No. 216
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 Introduced  by Sens. KRUEGER, CHAN, FERNANDEZ, JACKSON -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Cities  1  --  recommitted  to the Committee on Cities 1 in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered to first and second report, ordered to a third reading, passed
   by  Senate and delivered to the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT to amend the administrative code of the city of New York and the
   vehicle and traffic law, in relation to prohibiting the sale  of  ATVs
   and off-highway motorcycles in the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Chapter 5 of title 20 of the  administrative  code  of  the
 city  of  New York is amended by adding a new subchapter 13-A to read as
 follows:
                              SUBCHAPTER 13-A
         SALES OF ALL TERRAIN VEHICLES AND OFF-HIGHWAY MOTORCYCLES
 
   § 20-764 OFF-HIGHWAY MOTORCYCLE. A. FOR PURPOSES OF THIS  SECTION,  AN
 OFF-HIGHWAY  MOTORCYCLE  SHALL  HAVE  THE  SAME  DEFINITION SET FORTH IN
 SECTION ONE HUNDRED TWENTY-FIVE-A OF THE VEHICLE AND TRAFFIC LAW.
   B. NO CORPORATION, PARTNERSHIP, FIRM,  SOLE  PROPRIETORSHIP  OR  OTHER
 ENTITY  OR PERSON SHALL SELL, LEASE OR RENT OR ATTEMPT TO SELL, LEASE OR
 RENT AN OFF-HIGHWAY MOTORCYCLE TO ANOTHER PERSON  IN  THE  CITY  OF  NEW
 YORK.
   C.  ANY  CORPORATION,  PARTNERSHIP, FIRM, SOLE PROPRIETORSHIP OR OTHER
 ENTITY OR PERSON WHO VIOLATES SUBDIVISION B OF  THIS  SECTION  SHALL  BE
 LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
 AND  A  CIVIL  PENALTY  OF  TWO  THOUSAND  DOLLARS  FOR  EACH SUBSEQUENT
 VIOLATION WITHIN ONE YEAR. EACH SALE, LEASE OR  RENTAL,  OR  ATTEMPT  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05688-03-6
 S. 2436--A                          2
 
 SELL,  LEASE  OR RENT, AN OFF-HIGHWAY MOTORCYCLE SHALL BE DEEMED A SEPA-
 RATE VIOLATION.   AUTHORIZED EMPLOYEES OF  THE  DEPARTMENT,  THE  POLICE
 DEPARTMENT,  AND OF ANY OTHER AGENCY DESIGNATED BY THE MAYOR, SHALL HAVE
 THE  AUTHORITY TO ENFORCE THE PROVISIONS OF THIS SECTION. SUCH PENALTIES
 SHALL BE RECOVERED IN A CIVIL ACTION OR IN A PROCEEDING COMMENCED BY THE
 SERVICE OF A NOTICE OF HEARING  THAT  SHALL  BE  RETURNABLE  BEFORE  THE
 ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT.
   D.  ANY  OFF-HIGHWAY MOTORCYCLE THAT HAS BEEN USED OR IS BEING USED IN
 VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED  AND  SHALL
 NOT  BE  RELEASED UNTIL ANY AND ALL REMOVAL CHARGES AND STORAGE FEES AND
 THE APPLICABLE FINES HAVE BEEN PAID OR A BOND  HAS  BEEN  POSTED  IN  AN
 AMOUNT  SATISFACTORY  TO  THE  COMMISSIONER OF THE AGENCY THAT IMPOUNDED
 SUCH DEVICE.
   § 20-766 ALL TERRAIN VEHICLE. A. FOR PURPOSES OF THIS SECTION, AN  ALL
 TERRAIN  VEHICLE  SHALL  HAVE  THE  SAME DEFINITION SET FORTH IN SECTION
 TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
   B. NO CORPORATION, PARTNERSHIP, FIRM,  SOLE  PROPRIETORSHIP  OR  OTHER
 ENTITY  OR PERSON SHALL SELL, LEASE OR RENT OR ATTEMPT TO SELL, LEASE OR
 RENT AN ALL TERRAIN VEHICLE TO ANOTHER PERSON IN THE CITY OF NEW YORK.
   C. ANY CORPORATION, PARTNERSHIP, FIRM, SOLE  PROPRIETORSHIP  OR  OTHER
 ENTITY  OR  PERSON  WHO  VIOLATES SUBDIVISION B OF THIS SECTION SHALL BE
 LIABLE FOR A CIVIL PENALTY OF ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
 AND A  CIVIL  PENALTY  OF  TWO  THOUSAND  DOLLARS  FOR  EACH  SUBSEQUENT
 VIOLATION  WITHIN  ONE  YEAR.  EACH SALE, LEASE OR RENTAL, OR ATTEMPT TO
 SELL, LEASE OR RENT, AN ALL TERRAIN VEHICLE SHALL BE DEEMED  A  SEPARATE
 VIOLATION.    AUTHORIZED EMPLOYEES OF THE DEPARTMENT, THE POLICE DEPART-
 MENT, AND OF ANY OTHER AGENCY DESIGNATED BY THE MAYOR,  SHALL  HAVE  THE
 AUTHORITY  TO  ENFORCE  THE  PROVISIONS  OF THIS SECTION. SUCH PENALTIES
 SHALL BE RECOVERED IN A CIVIL ACTION OR IN A PROCEEDING COMMENCED BY THE
 SERVICE OF A NOTICE OF HEARING  THAT  SHALL  BE  RETURNABLE  BEFORE  THE
 ADMINISTRATIVE TRIBUNAL OF THE DEPARTMENT.
   D.  ANY  ALL  TERRAIN  VEHICLE  THAT HAS BEEN USED OR IS BEING USED IN
 VIOLATION OF THE PROVISIONS OF THIS SECTION MAY BE IMPOUNDED  AND  SHALL
 NOT  BE  RELEASED UNTIL ANY AND ALL REMOVAL CHARGES AND STORAGE FEES AND
 THE APPLICABLE FINES HAVE BEEN PAID OR A BOND  HAS  BEEN  POSTED  IN  AN
 AMOUNT  SATISFACTORY  TO  THE  COMMISSIONER OF THE AGENCY THAT IMPOUNDED
 SUCH DEVICE.
   § 2. Subdivision 6 of section 2282 of the vehicle and traffic law,  as
 amended  by  chapter  402  of  the  laws  of 1986, is amended to read as
 follows:
   6. Dealers. (a) Any person who is a dealer, and who is not  registered
 as  a  dealer  pursuant to section four hundred fifteen of this chapter,
 shall register as an ATV dealer and operate in accordance with the rules
 and regulations of the commissioner for ATV dealers.  The  commissioner,
 upon  receipt  of  an  application  and the required fee, shall assign a
 distinctive dealer registration number to the registrant  and  issue  an
 appropriate  registration certificate to [him] THE REGISTRANT and assign
 two dealer demonstrator registration numbers and upon the payment of the
 appropriate fee, such additional numbers as shall be  requested.  Dealer
 registrations  and dealer demonstrator registration numbers shall not be
 transferable. Provided, however, the commissioner may limit  the  number
 of dealer demonstration registration numbers issued to a dealer.
   (b)  No dealer shall sell or offer for retail sale any ATV, other than
 an ATV identified and sold for use  only  in  off-highway  competitions,
 which  is not equipped with all equipment necessary for the registration
 of an ATV.
 S. 2436--A                          3
 
   (C) NO DEALER SHALL SELL OR OFFER FOR RETAIL SALE ANY ATV, OTHER  THAN
 AN ATV IDENTIFIED AND SOLD FOR USE OUTSIDE THE CITY OF NEW YORK.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a  law.    Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.