City Police Commissioner José Gomérez and City Police Chief Anthony Geraci presented the Newburgh City Council with all-terrain vehicle (ATV) regulations and police policy regulations for vehicular pursuits, during the council’s Feb. 22 work session.

Gomérez spoke to council about police policy regarding the circumstances when it comes to a pursuit. City officers are asked to evaluate the circumstances such as seriousness of the offense, settings, the road conditions, the time, the weather of the pursuit in order to ensure public safety. City officers are also asked not to engage in pursuits outside of city limits, according to Gomérez. If there is a pursuit, there are two police vehicles dispatched, with one keeping an eye on the pursued vehicle and the other serving as a communicator back to dispatch.

“We do have rules and regulations and we do try to provide guidance to our officers on when to engage in a pursuit of a vehicle. This is to limit liability not only to the city but to limit any injury to any pedestrian, any person who is not involved in the pursuit and the officer themself,” said Gomérez.

Referencing the city code, ATV vehicle riders caught by police will receive a fine of $250 for the first offense, $400 for a second offense and $550 for a third offense. If an ATV is unregistered, the city police can impound the vehicle and there would be a $1,500 fine to redeem it. Gomérez made it clear to council that ATV’s must be redeemed by the registered owner of the vehicle. The vehicle is not released to family members or friends, only the registered owner.

Chapter 287 of the City of Newburgh Code, titled “Vehicles, Off-Road,” clarifies the need for the code, definitions, prohibited acts in the city, penalties and enforcement. Chapter 287-3, titled “Prohibited Acts,” states: “No person shall operate an off-road vehicle on a public highway or on any public property in the City of Newburgh.” Also, to operate on private property, consent must first be given by the property’s owner.

According to New York State, “An all-terrain vehicle is any self-propelled vehicle with two or more wheels that is manufactured for sale to be used primarily off-highway or in off-road competitions, and that is no wider than 70 inches and weighs no more than 1,000 pounds. This does not include vehicles manufactured for off-highway use and designed exclusively for travel on snow or ice, and supported by one or more skis, belts or cleats that utilize an endless belt tread. Those vehicles, which include snowmobiles, are subject to other laws and regulations.”

Mayor Torrance Harvey stated warmer weather has factored into periods of time when riders are most frequent in the city while Councilman Omari Shakur commented that most of the drivers that come into the city are owners who may be coming from other municipalities which causes disruption to the community.

Councilwoman Patty Sofokles also commented she has seen riders appearing in Downing Park but also called for parents to be held accountable for their children who may be riding these vehicles.