Section 18-108.1. Prohibitions on beaches

a.  For  the purposes of this
  section, the following terms shall have the following meanings:
    (1) "All terrain vehicle"  or  "ATV"  shall  mean  any  self-propelled
  vehicle  which  is  manufactured  for  sale  for  operation primarily on
  off-highway trails or in off-highway competitions and only  incidentally
  operated  on  public highways provided that such vehicle does not exceed
  sixty inches  in  width,  or  eight  hundred  pounds  dry  weight.  This
  definition  shall  not  include  a  "snowmobile" or other self-propelled
  vehicles manufactured for off-highway use which utilize an endless  belt
  tread.
    (2)  "Authorized emergency vehicle" shall mean every ambulance, police
  vehicle or bicycle, correction  vehicle,  fire  vehicle,  civil  defense
  emergency  vehicle,  emergency  ambulance service vehicle, environmental
  emergency  response  vehicle,  sanitation  patrol   vehicle,   hazardous
  materials  emergency  vehicle and ordnance disposal vehicle of the armed
  forces of the United States.
    (3) "Beach" shall mean  land  along  the  shores  of  an  ocean,  bay,
  estuary,  inlet  or  river  of  New York City landward from the mean low
  water line extending contiguously to the place where there is a distinct
  difference in topography which may be  demarcated  by  the  furthest  of
  either (i) a vegetation line; (ii) an artifically-made feature generally
  parallel  to  the  ocean, bay, estuary, inlet or river, such as, but not
  limited to, a retaining structure, seawall, bulkhead,  parking  area  or
  road,  except  that  land  that  extends  under an elevated boardwalk is
  considered to be a part of the beach; or (iii) the landward toe  of  the
  dune, which is furthest from the ocean, bay, estuary, inlet or river and
  twenty-five feet landward from that point.
    (4)  "Dune"  shall mean a natural or artifically-made ridge or hill of
  vegetated or drifting windblown soil, the principal component  of  which
  is  sand,  that  lies  generally  parallel to and landward of the shore.
  However, a dune shall not mean a small mound of  loose,  windblown  sand
  found on a park, road or structure.
    (5)  "Motor vehicle" shall mean any vehicle designed to be operated or
  driven upon a public highway which is propelled by any power other  than
  muscular power, except (i) electrically-driven mobility devices operated
  or  driven  by  a person with a disability, (ii) vehicles which run only
  upon  rails  or  tracks,  (iii)  snowmobiles  as  defined   in   article
  forty-seven  of  the  vehicle  and  traffic  law,  and  (iv) all terrain
  vehicles as defined in article forty-eight-B of the vehicle and  traffic
  law.
    (6)  "Motorcycle" shall mean any motor vehicle having a seat or saddle
  for the use of the rider and designed to travel on not more  than  three
  wheels in contact with the ground, but excluding a tractor.
    (7)  "Owner" shall mean a person, other than a lien holder, having the
  property in or title to a vehicle or vessel. The term includes a  person
  entitled  to  the use and possession of a vehicle or vessel subject to a
  security interest in another person and  also  includes  any  lessee  or
  bailee  of  a  motor vehicle or vessel having the exclusive use thereof,
  under a lease or otherwise, for a period greater than thirty days.
    (8) "Operator" shall mean  any  person  who  uses  a  motorcycle,  all
  terrain vehicle, snowmobile or motor vehicle.
    (9)  "Snowmobile"  shall  mean any self-propelled vehicle designed for
  travel on snow or ice, steered by skis or runners and supported in whole
  or in part by one or more skis, belts or cleats.
    (10) "Toe" shall mean the lowest point on a slope of a dune.
    b. No unauthorized person may  operate  any  motorcycle,  all  terrain
  vehicle,  snowmobile  or motor vehicle on a beach under the jurisdiction
  of the commissioner. An authorized person shall  include  (1)  a  person

  operating  a motorcycle, an all terrain vehicle, a snowmobile or a motor
  vehicle in accordance with a permit issued pursuant to  subdivision  (g)
  of this section; and (2) a department employee engaged in the proper and
  authorized  performance  of  his or her assigned duties, a member of the
  police department, or an operator of  an  authorized  emergency  vehicle
  engaged  in the proper and authorized performance of his or her assigned
  duties.
    c. (1) A person who violates subdivision (b) of this section shall  be
  guilty  of  a  misdemeanor  punishable  by  not  more  than  ninety days
  imprisonment or by a fine of not more than one thousand  dollars  or  by
  both  such  fine  and  imprisonment.  Notwithstanding  the provisions of
  paragraph nine of subdivision (a) of section five  hundred  thirty-three
  of  the  New  York  city charter, such person shall also be liable for a
  civil penalty of not less than five hundred dollars nor  more  than  one
  thousand  dollars  which  may  be  recovered  in a proceeding before the
  environmental control  board.  (2)  Where  the  operator  is  less  than
  fourteen  years  of  age, a notice of violation of this section shall be
  personally served upon such operator's parent or guardian in  accordance
  with  the  civil  practice law and rules. Where the operator is fourteen
  years of age or over, but less than eighteen years of age, a  notice  of
  violation  of this section shall be personally served upon such operator
  and his or her parent or guardian in accordance with the civil  practice
  law  and  rules.  (3)  Notwithstanding the provisions of any other local
  law, where a summons or a notice of violation is issued for a  violation
  of  subdivision  (b),  an  authorized  designee of the commissioner or a
  member of the police department may seize and  impound  the  motorcycle,
  all terrain vehicle, snowmobile or motor vehicle.
    d.  A  motorcycle,  all  terrain  vehicle, snowmobile or motor vehicle
  seized and impounded pursuant to this section shall be released  to  the
  owner  or  other  person lawfully entitled to possession upon payment of
  the costs of removal and storage as  set  forth  in  the  rules  of  the
  department and proof of payment of any fine or civil penalty imposed for
  the  violation  or,  if a proceeding in connection with the violation is
  pending before a court or the  environmental  control  board,  upon  the
  posting of a bond or other form of security acceptable to the department
  in an amount which will secure the payment of such costs and any fine or
  civil  penalty which may be imposed for the violation. If a court or the
  environmental control board finds in favor of the respondent, the  owner
  shall be entitled forthwith to possession of the motorcycle, all terrain
  vehicle,  snowmobile  or  motor vehicle without charge and to the extent
  that any amount has been previously paid for release of the  motorcycle,
  all  terrain  vehicle, snowmobile or motor vehicle, such amount shall be
  refunded.
    e. The owner of a motorcycle, all terrain vehicle, snowmobile or motor
  vehicle shall be given the opportunity for a post seizure hearing within
  five business days before the environmental control board regarding  the
  seizure.  The  environmental  control board shall render a determination
  within three business days after the conclusion of  the  hearing.  Where
  the  environmental  control  board finds that there was no basis for the
  seizure, the owner shall be entitled  forthwith  to  possession  of  the
  motorcycle,  all  terrain  vehicle,  snowmobile or motor vehicle without
  charge and to the extent that any amount has been  previously  paid  for
  release  of  the  motorcycle,  all  terrain vehicle, snowmobile or motor
  vehicle, such amount shall be refunded.
    f. Upon the seizure of a motorcycle, all terrain  vehicle,  snowmobile
  or  motor  vehicle pursuant to this section, the operator shall be given
  written notice of the procedure for redemption of  the  motorcycle,  all
  terrain  vehicle,  snowmobile  or  motor  vehicle  and the procedure for

  requesting a post seizure hearing. Where the operator is not  the  owner
  thereof,  such  notice  provided  to  the operator shall be deemed to be
  notice  to  the  owner.  Where  the  motorcycle,  all  terrain  vehicle,
  snowmobile  or  motor  vehicle is registered pursuant to the vehicle and
  traffic law, such notice shall also be mailed to the  registered  owner.
  Where  the  operator  is less than eighteen years old, such notice shall
  also be either personally served upon the operator's parent or  guardian
  or  mailed  to the operator's parent or guardian if the name and address
  of such person is reasonably ascertainable.
    g. The commissioner shall have the right to issue a permit to  operate
  a  motorcycle, all terrain vehicle, snowmobile or motor vehicle upon any
  beach for a special purpose, including but not limited to, the recording
  or filming of audio, video or other electronic media.
    h. The provisions of this section shall be enforced by  an  authorized
  designee of the commissioner or by a member of the police department.
    i.  The  commissioner,  in  consultation with the police commissioner,
  shall promulgate such rules as are  necessary,  (1)  to  set  forth  the
  procedures  which  must be followed regarding the seizure and release of
  any  motorcycle,  all  terrain  vehicle,  snowmobile  or  motor  vehicle
  pursuant  to  subdivision (c) of this section; (2) to establish the time
  within which a motorcycle, all  terrain  vehicle,  snowmobile  or  motor
  vehicle  which  is  not  redeemed  shall  be  deemed  abandoned, and the
  procedures for subsequent disposal; and (3) to  provide  for  reasonable
  fees for the transportation and storage of such vehicles.