S T A T E O F N E W Y O R K
________________________________________________________________________
2436
2025-2026 Regular Sessions
I N S E N A T E
January 17, 2025
___________
Introduced by Sens. KRUEGER, FERNANDEZ, HOYLMAN-SIGAL, JACKSON -- read
twice and ordered printed, and when printed to be committed to the
Committee on Cities 1
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05688-01-5
S. 2436 2
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. 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 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.
