2403 - Operation of ATVs; where permitted.

§ 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.