§ 822-2. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALL-TERRAIN VEHICLE or ATV

Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or for off-highway competitions and only incidentally operated on public highways, provided that such vehicle does not exceed 70 inches in width or 1,000 pounds of dry weight, as defined in the New York Vehicle and Traffic Law. ATVs shall not include agricultural vehicles nor any vehicles used for law enforcement, fire, emergency or military purposes.

CRIME

A second conviction for a violation of § 822-3A or B of this article within five years of a previous conviction of a violation of § 822-3A or B.

[Added 11-19-2002 by L.L. No. 27-2002; amended 12-6-2016 by L.L. No. 38-2016]

INSTRUMENTALITY OF A CRIME

Any property, the use of which contributed directly and materially to the commission of a crime.

[Added 11-19-2002 by L.L. No. 27-2002]

OPERATE

To ride in or on, other than as a passenger, or use or control the operation of an ATV in any manner, whether or not said ATV is under way.

OPERATOR

Every person who operates or is in actual physical control of an ATV.

PERSON

An individual, and shall not include a police officer, peace officer or member of the United States Armed Forces acting within the scope of his public employment or duties.

PUBLIC HIGHWAY

Any highway, road, alley, street, avenue, public place, public driveway or any other public way.

SELL

To sell, exchange, give or dispose of to another, or to offer to agree to do the same for good and valuable consideration.

[Added 8-31-2000 by L.L. No. 18-2000]

Amended 8-31-2000 by L.L. No. 18-2000