a. Definitions. For the purposes of this section, the following terms have the following meanings:
All-terrain vehicle. The term "all-terrain vehicle" has the same meaning as set forth in subdivision 1 of section 2281 of the vehicle and traffic law, which includes dirt bikes, or any successor provision.
Operate. The term "operate" means to ride in or on, other than as a passenger, or use or control the operation of an all-terrain vehicle in any manner.
Person. The term "person" means an individual and does not include officers or employees of any governmental agency acting in an official capacity, or private individuals or entities acting pursuant to agreements with governmental agencies.
b. No person shall operate an all-terrain vehicle in the city of New York, except that, in the case of property other than a street or a park, an all-terrain vehicle may be operated only with the consent, written or conspicuously posted consistent with applicable law, of the owner or lessee, or operated by an individual owner or lessee.
c. The violation of subdivision b of this section constitutes a violation punishable by a fine not to exceed 500 dollars for the first offense and not to exceed 1,000 dollars for any subsequent offense.
d. A person who violates subdivision b of this section shall be liable for a civil penalty of 500 dollars. A person committing a second or subsequent violation of subdivision b of this section shall be liable for a civil penalty of 1,000 dollars. Civil penalties pursuant to this subdivision are recoverable in a proceeding before the office of administrative trials and hearings pursuant to chapter 45-A of the charter, or in a civil action or proceeding brought in the name of the city.
e. Any act prohibited by this section additionally constitutes a traffic infraction punishable by a fine not to exceed 500 dollars for the first conviction, and not to exceed 1,000 dollars for any subsequent conviction.
(L.L. 2017/028, 3/18/2017, eff. 4/17/2017)