§ 8-85. Beach driving privileges for disabled individuals.

Disabled individuals as defined herein may be allowed to operate an all-terrain vehicle ("ATV") on areas covered by this section if they meet the requirements of chapter 8. A disabled individual must first obtain a permit from the chief of police or his designee. Permits may be obtained at the town police department during normal office hours.

(a)

"Disabled individual" is defined as a person who is physically disabled because:

(1)

The person is 50 percent or more disabled veteran as determined by the U.S. Department of Veteran Affairs; or

(2)

The person has at least one of the following disabilities:

a.

The person is missing 50 percent or more of one or more of their legs, whether by amputation or natural causes;

b.

The person has paralysis of one or more legs;

c.

The person has permanent dysfunction of one or more legs rendering the individual unable to walk without mechanical assistance, other than a cane; or

d.

The person is confined to a wheelchair, walker or crutches due to disease, injury or defect.

The application for a permit shall be accompanied by a certification from a licensed physician that the applicant has a disability that meets the criteria set forth above. A disabled veteran must submit with the application a certification from the department of veteran affairs to that person's eligibility.

(b)

A disabled individual may only obtain a permit to operate an ATV during the "beach driving season" which is defined as the time period when beach driving is permitted from 12:01 a.m. October 1 through midnight on April 30 of the following year.

(c)

A disabled individual, after providing information on an application that meets the requirements of this section, may be issued a permit. The permit is limited to one "beach driving season". Applicants may seek a permit for each "beach driving season".

(d)

Disabled individuals holding an ATV permit are only permitted to use a registered ATV's under this section. To register an ATV, the applicant must demonstrate their ownership of the ATV and proof of insurance on the ATV. Upon providing such satisfactory proof, the chief of police or his designee shall issue a "disabled person's ATV registration" which shall be affixed to the qualifying ATV. Such registrations are not transferable, and do not allow operation by anyone other than a disabled individual.

(e)

Application fee is $25.00.

(f)

The town chief of police or his designee is directed and authorized to establish forms, procedures and directives as may be required to implement this permit system and registration process and to ensure that it is run in an effective, safe and fair manner.

(g)

Law enforcement officers are authorized to issue any disabled individual a citation for any unsafe operation of an ATV. Upon being cited for unsafe operation, the disabled individual's permit shall be revoked.

(h)

It shall be a class III misdemeanor for any person to operate an ATV in violation of this section.

(Ord. No. 09-10-039, Pt. I, 10-7-2009)