2006 New York Code - Designation Of Highways And Public Lands For Travel By Atvs.

 
    § 2405. Designation  of  highways and public lands for travel by ATVs.
  1. Highways. Except with respect to interstate  highways  or  controlled
  access  highways, the department of transportation with respect to state
  highways, maintained by the state and any other governmental agency with
  respect to highways, including bridge and culvert crossings,  under  its
  jurisdiction  may  designate and post any such public highway or portion
  thereof as open for travel by ATVs when  in  the  determination  of  the
  governmental  agency  concerned,  it is otherwise impossible for ATVs to
  gain  access  to  areas  or  trails  adjacent  to  the  highway.    Such
  designations  by a state agency shall be by rule or regulation, and such
  designations by any municipality other than a state agency shall  be  by
  local law or ordinance.
    2.  Public lands other than highways. A governmental agency other than
  a municipality, by regulation or order, and a municipality, by ordinance
  or local law, may designate any appropriate  public  lands,  waters  and
  properties  other  than  highways under its jurisdiction as a place open
  for travel by ATVs upon written request  for  such  designation  by  any
  person,  and  may  impose restrictions and conditions for the regulation
  and safe operation of ATVs on such public property, such  as  travel  on
  designated  trails  and  hours  of  operation. In addition thereto, such
  agency or municipality may not require the operator of an ATV to possess
  a motor vehicle operator's license. A municipality may charge a fee  for
  use of ATVs on such public lands.
    3. Signs and markers. (a) Such designated highways or portions thereof
  or designated lands shall be identified by markers in such manner as may
  be provided by rules and regulations of the commissioner.
    (b)  All signs or markers shall be erected at the expense of the state
  or municipality, provided, however, that  the  municipality  may  accept
  funds   or   contributions  therefor  from  private  persons,  clubs  or
  associations interested in the promotion of ATVs.
    4. Any regulation, order, local law or ordinance  which  designates  a
  highway or portion thereof or designated lands which may be used for ATV
  operations  may include rules and impose restrictions and conditions for
  the regulation and safe operation of ATVs on the highways and  lands  so
  designated,  such as travel on designated trails and hours of operation.
  Any restriction or condition not  contained  in  this  chapter  must  be
  posted.
    5.  Copies of orders, regulations, local laws or ordinances adopted by
  governmental agencies pursuant to this section shall be filed  with  the
  commissioner.