S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6075
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Cities
 
 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; and to amend  the
   vehicle  and traffic law, in relation to requiring the purchaser of an
   ATV  purchased  for use in the state of New York to sign a declaration
   stating that such  purchaser  understands  all  laws  and  regulations
   governing the use of such ATV in the state
 
   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
 SELL,  LEASE  OR RENT, AN OFF-HIGHWAY MOTORCYCLE SHALL BE DEEMED A SEPA-
 RATE VIOLATION.   AUTHORIZED EMPLOYEES OF  THE  DEPARTMENT,  THE  POLICE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07380-01-3
              

 A. 6075                             2
 
 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. IN ADDITION,  SUCH  VIOLATION
 SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH
 SECTION EIGHTEEN HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
   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. IN ADDITION, SUCH VIOLATION
 SHALL BE A TRAFFIC INFRACTION AND SHALL BE PUNISHABLE IN ACCORDANCE WITH
 SECTION EIGHTEEN HUNDRED OF THE VEHICLE AND TRAFFIC LAW.
   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. Subdivisions 6 and 6-a of section 2282 of the vehicle and traffic
 law,  subdivision  6  as  amended by chapter 402 of the laws of 1986 and
 subdivision 6-a as added by section 1 of part D of  chapter  59  of  the
 laws of 2005, are 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 and assign two dealer demon-
 strator 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.
 A. 6075                             3
 
   (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.
   (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.
   6-a. Registration at time of  sale.  (A)  Every  all  terrain  vehicle
 defined by section twenty-two hundred eighty-one of this article sold by
 a  dealer  shall be registered at the time of sale of such vehicle. Such
 registration shall be valid until the thirty-first day of August follow-
 ing the date of such sale; provided, however, that any all terrain vehi-
 cle sold after April first of each year shall be issued  a  registration
 valid until the thirty-first day of August in the year following that in
 which the all terrain vehicle is sold. Any all terrain vehicle purchased
 for  use  exclusively outside of the state of New York shall not require
 registration at the time of purchase, and  the  purchaser  of  such  all
 terrain  vehicle shall sign a declaration, provided by the dealer, which
 shall state that such purchaser understands the conditions  under  which
 an  all terrain vehicle must be registered and the penalty for violation
 of such registration provisions.
   (B) EACH PURCHASER OF AN ALL TERRAIN VEHICLE  PURCHASED FOR USE IN THE
 STATE OF NEW YORK SHALL SIGN A  DECLARATION,  PROVIDED  BY  THE  DEALER,
 WHICH  SHALL  STATE  THAT  SUCH PURCHASER UNDERSTANDS ALL LAWS AND REGU-
 LATIONS GOVERNING THE USE OF SUCH ALL TERRAIN VEHICLE  ON  PUBLIC  ROAD-
 WAYS,  SIDEWALKS,  AND  PUBLIC HIGHWAYS INCLUDING WITHOUT LIMITATION THE
 PROHIBITION ON OPERATING AN ALL TERRAIN VEHICLE ON PUBLIC PROPERTY WITH-
 IN THE CITY OF NEW YORK. SUCH DECLARATION  SHALL  ALSO  STATE  THAT  THE
 PURCHASER  UNDERSTANDS  THE  PENALTIES  FOR VIOLATION OF SUCH LAWS. Each
 signed declaration shall be forwarded by the dealer to the commissioner.
 The form of such declaration shall be provided by  the  commissioner  to
 each dealer.
   §  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.