S02773 Summary:

BILL NOS02773B
 
SAME ASSAME AS A06075-A
 
SPONSORKRUEGER
 
COSPNSRCHU, FERNANDEZ, HOYLMAN-SIGAL, JACKSON
 
MLTSPNSR
 
Add Title 20 Chap 5 Subchap 13-A 20-764 & 20-766, NYC Ad Cd; amd 2282, V & T L
 
Prohibits the sale of ATVs and off-highway motorcycles in the city of New York; provides enforcement mechanisms and penalties.
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S02773 Actions:

BILL NOS02773B
 
01/24/2023REFERRED TO CITIES 1
05/30/2023AMEND AND RECOMMIT TO CITIES 1
05/30/2023PRINT NUMBER 2773A
06/03/2023AMEND (T) AND RECOMMIT TO CITIES 1
06/03/2023PRINT NUMBER 2773B
06/07/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/07/2023ORDERED TO THIRD READING CAL.1670
06/07/2023PASSED SENATE
06/07/2023DELIVERED TO ASSEMBLY
06/07/2023referred to cities
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO CITIES 1
01/30/20241ST REPORT CAL.305
01/31/20242ND REPORT CAL.
02/05/2024ADVANCED TO THIRD READING
03/26/2024PASSED SENATE
03/26/2024DELIVERED TO ASSEMBLY
03/26/2024referred to cities
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S02773 Committee Votes:

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S02773 Floor Votes:

There are no votes for this bill in this legislative session.
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S02773 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2773--B
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 24, 2023
                                       ___________
 
        Introduced  by Sens. KRUEGER, JACKSON -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Cities  1  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        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:
 
     1    Section 1. Chapter 5 of title 20 of the  administrative  code  of  the
     2  city  of  New York is amended by adding a new subchapter 13-A to read as
     3  follows:
     4                               SUBCHAPTER 13-A
     5          SALES OF ALL TERRAIN VEHICLES AND OFF-HIGHWAY MOTORCYCLES
 
     6    § 20-764 Off-highway motorcycle. a. For purposes of this  section,  an
     7  off-highway  motorcycle  shall  have  the  same  definition set forth in
     8  section one hundred twenty-five-a of the vehicle and traffic law.
     9    b. No corporation, partnership, firm,  sole  proprietorship  or  other
    10  entity  or person shall sell, lease or rent or attempt to sell, lease or
    11  rent an off-highway motorcycle to another person  in  the  city  of  New
    12  York.
    13    c.  Any  corporation,  partnership, firm, sole proprietorship or other
    14  entity or person who violates subdivision b of  this  section  shall  be
    15  liable for a civil penalty of one thousand dollars for a first violation
    16  and  a  civil  penalty  of  two  thousand  dollars  for  each subsequent
    17  violation within one year. Each sale, lease or  rental,  or  attempt  to
    18  sell,  lease  or rent, an off-highway motorcycle shall be deemed a sepa-
    19  rate violation.   Authorized employees of  the  department,  the  police
    20  department,  and of any other agency designated by the mayor, shall have
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07380-04-3

        S. 2773--B                          2
 
     1  the authority to enforce the provisions of this section. Such  penalties
     2  shall be recovered in a civil action or in a proceeding commenced by the
     3  service  of  a  notice  of  hearing  that shall be returnable before the
     4  administrative  tribunal  of the department. In addition, such violation
     5  shall be a traffic infraction and shall be punishable in accordance with
     6  section eighteen hundred of the vehicle and traffic law.
     7    d. Any off-highway motorcycle that has been used or is being  used  in
     8  violation  of  the provisions of this section may be impounded and shall
     9  not be released until any and all removal charges and storage  fees  and
    10  the  applicable  fines  have  been  paid or a bond has been posted in an
    11  amount satisfactory to the commissioner of  the  agency  that  impounded
    12  such device.
    13    §  20-766 All terrain vehicle. a. For purposes of this section, an all
    14  terrain vehicle shall have the same  definition  set  forth  in  section
    15  twenty-two hundred eighty-one of the vehicle and traffic law.
    16    b.  No  corporation,  partnership,  firm, sole proprietorship or other
    17  entity or person shall sell, lease or rent or attempt to sell, lease  or
    18  rent an all terrain vehicle to another person in the city of New York.
    19    c.  Any  corporation,  partnership, firm, sole proprietorship or other
    20  entity or person who violates subdivision b of  this  section  shall  be
    21  liable for a civil penalty of one thousand dollars for a first violation
    22  and  a  civil  penalty  of  two  thousand  dollars  for  each subsequent
    23  violation within one year. Each sale, lease or  rental,  or  attempt  to
    24  sell,  lease  or rent, an all terrain vehicle shall be deemed a separate
    25  violation.  Authorized employees of the department, the  police  depart-
    26  ment,  and  of  any other agency designated by the mayor, shall have the
    27  authority to enforce the provisions  of  this  section.  Such  penalties
    28  shall be recovered in a civil action or in a proceeding commenced by the
    29  service  of  a  notice  of  hearing  that shall be returnable before the
    30  administrative tribunal of the department. In addition,  such  violation
    31  shall be a traffic infraction and shall be punishable in accordance with
    32  section eighteen hundred of the vehicle and traffic law.
    33    d.  Any  all  terrain  vehicle  that has been used or is being used in
    34  violation of the provisions of this section may be impounded  and  shall
    35  not  be  released until any and all removal charges and storage fees and
    36  the applicable fines have been paid or a bond  has  been  posted  in  an
    37  amount  satisfactory  to  the  commissioner of the agency that impounded
    38  such device.
    39    § 2. Subdivision 6 of section 2282 of the vehicle and traffic law,  as
    40  amended  by  chapter  402  of  the  laws  of 1986, is amended to read as
    41  follows:
    42    6. Dealers. (a) Any person who is a dealer, and who is not  registered
    43  as  a  dealer  pursuant to section four hundred fifteen of this chapter,
    44  shall register as an ATV dealer and operate in accordance with the rules
    45  and regulations of the commissioner for ATV dealers.  The  commissioner,
    46  upon  receipt  of  an  application  and the required fee, shall assign a
    47  distinctive dealer registration number to the registrant  and  issue  an
    48  appropriate registration certificate to him and assign two dealer demon-
    49  strator  registration  numbers  and  upon the payment of the appropriate
    50  fee, such additional numbers as shall be requested. Dealer registrations
    51  and dealer demonstrator registration numbers shall not be  transferable.
    52  Provided,  however,  the  commissioner  may  limit  the number of dealer
    53  demonstration registration numbers issued to a dealer.
    54    (b) No dealer shall sell or offer for retail sale any ATV, other  than
    55  an  ATV  identified  and  sold for use only in off-highway competitions,

        S. 2773--B                          3
 
     1  which is not equipped with all equipment necessary for the  registration
     2  of an ATV.
     3    (c)  No dealer shall sell or offer for retail sale any ATV, other than
     4  an ATV identified and sold for use outside the city of New York.
     5    § 3. This act shall take effect on the first of January next  succeed-
     6  ing  the  date  upon  which it shall have become a law.  Effective imme-
     7  diately, the addition, amendment and/or repeal of any rule or regulation
     8  necessary for the implementation of this act on its effective  date  are
     9  authorized to be made and completed on or before such effective date.
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