Section 2403. Operation of ATVs; where permitted

1. Highways. No person
  shall operate an ATV on a highway except as provided herein.
    (a) An ATV may make a direct crossing  on  a  highway  other  than  an
  interstate highway or a controlled access highway, provided:
    (i)  the  crossing is made at an angle of approximately ninety degrees
  to the direction of the highway and at  a  place  where  no  obstruction
  prevents a quick and safe crossing;
    (ii)  the  vehicle  is  brought to a complete stop before crossing the
  shoulder or main travelled way of the highway;
    (iii) the driver yields the right-of-way to all oncoming traffic  that
  constitutes an immediate hazard;
    (iv)  in  crossing  a divided highway, the crossing is made only at an
  intersection of the highway with another public street or highway, and
    (v) if the crossing is made between the hours of one-half  hour  after
  sunset  to  one-half  hour  before  sunrise  or in conditions of reduced
  visibility, only if both front and rear lights are lighted.
    (b) An ATV may be operated on any highway which  has  been  designated
  and  posted as open for travel by ATVs in accordance with the provisions
  of section twenty-four hundred five of this article.
    2. Public lands other than highways. No person shall operate an ATV on
  any public lands, waters and property other than a highway, except  that
  an  ATV may be operated on any such lands which have been designated and
  posted for travel by ATVs in accordance with the provisions  of  section
  twenty-four hundred five of this article.
    3.  Private  property.  No  person shall operate an ATV on the private
  property of another without the consent of the owner or lessee thereof.
    3-a. Real property of a farm operation. No person shall operate an ATV
  on the real property of a farm  operation,  as  defined  in  subdivision
  eleven  of section three hundred one of the agriculture and markets law,
  without the consent of the owner or lessee thereof, where such owner  or
  lessee has erected or maintained any sign, structure, display, or device
  prohibiting  the  trespass  thereon,  and  which  shall  include  a sign
  stating: "No Trespassing". A violation of this subdivision  shall  be  a
  traffic infraction, and shall, upon a conviction of a first violation be
  punishable  by  a  fine of not more than two hundred fifty dollars or by
  imprisonment for not more than fifteen days or by  both  such  fine  and
  imprisonment;  upon  a  conviction  of a second violation, both of which
  were committed within a period of eighteen months, shall  be  punishable
  by  a  fine of not more than four hundred dollars or by imprisonment for
  not more than forty-five days or by both  such  fine  and  imprisonment;
  upon  a conviction of a third or subsequent violation, all of which were
  committed within a period of eighteen months, shall be punishable  by  a
  fine  of not more than five hundred fifty dollars or by imprisonment for
  not more than ninety days or by both such fine and imprisonment.
    4. Emergency vehicle. The provisions  of  subdivisions  one,  two  and
  three  of this section shall not apply to operation as emergency vehicle
  by any  authorized  emergency,  police  or  civil  defense  all  terrain
  vehicle.