To operate an ATV upon public property at any time without express consent or permit issued by the governmental agency in control of said property.

To operate an ATV on private property, other than that private property owned by the family of the operator, without the written consent of all of the owners of the private property.

To operate an ATV for sport or recreation during the period from 9:30 p.m. to 8:30 a.m.

To operate an ATV that does not comply with the requirements and regulations of the Department of Motor Vehicles of the State of New York. Should the Department of Motor Vehicles require registration or licensing of said vehicles, then it shall be unlawful to operate said vehicle without proper registration and licensing.

To operate an ATV that causes noises that are disturbing and bothersome to adjoining property owners.

To operate an ATV so as to cause it to propel sand, dirt, dust, rocks, gravel or other similar materials into the air so as to be likely to injure persons and/or damage property.

To operate an ATV on public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops or farm produce.

To operate an ATV without the ATV's containing a muffler or other similar device to reduce the sound coming from the engine of the vehicle.

To operate an ATV near any public roadway so that the operation of said ATV would cause operators of automobiles, motorcycles or trucks to have to take evasive or irregular action to move away from said ATV.

To operate an ATV without the ATV being in proper operating condition, which means that all of the original operating equipment specified by the original manufacturer must be present on the bike or replacement equipment equal to the specifications of the original manufacturer's equipment is present and in operating condition at least equal to the manufacturer's requirements for the proper operation thereof.

To operate an ATV on any private street or right-of-way within the Town of Marlborough without the written permission of the owner of the private street or right-of-way.

To operate an ATV in a careless, reckless or negligent manner which endangers the safety of any person, including the operator himself, or the property of any person.

To operate an ATV while under the influence of liquor or drugs.

For a parent or guardian to authorize or knowingly permit a child or ward, if under sixteen (16) years of age, to operate an ATV in violation of any provision of this chapter or any rules or regulation promulgated thereunder.

For the owner or other person in possession of any ATV to authorize or knowingly permit any person under sixteen (16) years of age to operate such vehicle in violation of any provisions of this chapter.

The operator of an ATV shall wear a helmet upon his head and goggles or face shields on his face, such as approved by the Department of Motor Vehicles of the State of New York.

No person operating an ATV or motorcycle shall engage in fancy or trick riding or ride without maintaining full control of the ATV or remove both hands from the handlebar.

No person operating an ATV shall carry any other person on it except in a place designated for such purpose and equipped for such purpose as part of the original manufacture for said purpose.

A police officer may impound any ATV if:

The period of impoundment for the ATV shall be for such period of time as is necessary for police purposes, which shall include use of the vehicle for identification in any court action. Any person wishing to have an ATV released from impoundment must make motion before the appropriate court, and said ATV shall only be released upon court order. Upon receipt of said court order, the ATV shall be released by the Marlborough Town Police Department upon payment of all impoundment fees set by the Town of Marlborough, and upon direct payment of all towing and storage charges imposed by private towing concerns which the Town may use for the purpose of impoundment after following the eligibility and selection processes set forth in Chapter 140 of the Town Code.

The Town Police Department, upon the order of the Chief of Police or his duly authorized subordinate, may, of its own volition, without court order, release such ATV if it deems that it has no further need of the vehicle for purposes of identification, but only after payment of the impoundment fees, and towing and storage charges identified in Subsection B of this section.

This chapter shall be enforced by the Building Inspector or by the Police Department of the Town of Marlborough.

Any violation of the provisions of this chapter shall for a first conviction thereof be punished by a fine of not more than $300 or by imprisonment of not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within 10 years, the convicted person shall be punished by a fine of not more than $500 or by imprisonment of not more than 15 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed in a period of 10 years following the second violation, such convicted person shall be punished by a fine of not more than $500 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.