[HISTORY: Adopted by the Town Board of the Town of Rush as an ordinance
of undetermined date; ratified at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of snowmobiles within the Town of Rush
in a manner which will promote their safe and proper use for recreation, minimize
detrimental effects of such use on the environment and permit use of the highways
in the Town compatible with the use for vehicular and pedestrian travel and
other uses.
As used in this chapter, the terms defined herein shall have the meanings
ascribed to them:
An area adjacent to a state road, other than interstate and limited
access highway and on county, town, city and village highways and streets
where it is otherwise impossible to gain immediate access to an area adjacent
to such public highway. Said area parallel to the highways shall not exceed
a distance of 500 yards and shall be for the purpose of gaining access to
and from the area of operation; provided,
however, that the portion of the highway right-of-way so to be used is adequately
marked as a snowmobile access area.
To ride in or on, other than as passenger, use or control the operation
of a snowmobile in any manner, whether or not said snowmobile is under way.
Every person who operates or is in actual physical control of a snowmobile.
A self-propelled vehicle designed for travel on snow or ice steered
by skis or runners, and supported in part by skis, belts or cleats.
A.
No snowmobile shall he operated on the roadway or shoulder
of a public street or highway at any time unless the owner of such snowmobile
has obtained a policy of insurance in such language and form as shall be determined
and established by the Superintendent of Insurance, from an insurance carrier
authorized to do business in this state, the terms of which policy shall indemnify
any one person sustaining bodily injuries or the death of one person in any
one accident in the amount of $10,000, and subject to said limit of one person,
to a limit of $20,000 because of bodily injury to or death of two or more
persons in any one accident, and to a limit of $5,000 because of injury to
or destruction of property of others in any one accident, for damages arising
out of the negligent operation of said snowmobile.
B.
Proof of insurance as hereinabove required shall be produced
and displayed by the owner or operator of such snowmobile upon request to
any law enforcement officer or to any person who has suffered or claims to
have suffered either personal injury or property damage as a result of the
operation of such snowmobile by the owner or operator on a public street or
highway.
C.
An owner of a snowmobile who shall operate or permit
the same to be operated upon the shoulders and roadways of streets and highways
without having in full force and effect the required liability insurance coverage,
any other person who shall operate any snowmobile upon the shoulders and roadways
of streets and highways with the knowledge that the owner thereof does not
have in full force and effect such insurance coverage shall be guilty of an
offense and upon conviction may be fined not less than $25 nor more than $100.
No snowmobile shall be operated on any land owned or occupied by a governmental
agency or privately owned except with the permission of any such owner.
All streets, roads and highways in the Town of Rush, excepting, however,
all New York State highways located in the Town of Rush, are hereby designated
as highways for the operation of snowmobiles for the purpose of this chapter,
as well as § 25.05, Subdivision 7, of the Parks, Recreation and
Historical Preservation Law.
It shall be unlawful to operate a snowmobile on public
streets, roads and highways in the Town of Rush, except as provided below:
A.
Emergencies. In an emergency, as so declared by the appropriate
chief executive officer, and for the purpose of emergency travel only on any
public street or highway, during the period of time when, and at locations
where, snow upon the roadways renders travel by automobile impracticable.
B.
Crossing public streets and highways. Snowmobiles may
make a direct crossing by the public streets, roads and highways of the Town
of Rush provided:
(1)
The crossing is made at an angle of approximately 90°
to the direction of the highways and at a place where no obstruction prevents
a quick and safe crossing.
(2)
The snowmobile is brought to a complete stop before crossing
the shoulder or main traveled way of the highway.
(3)
The driver yields the right-of-way to all oncoming traffic
which constitutes an immediate hazard.
(4)
If the crossing is made between the hours of sunset and
sunrise or in conditions of reduced visibility, only if both front and rear
lights are on.
C.
Operators of snowmobiles. Operators of snowmobiles must
be at least 16 years of age except that no operator under 18 years of age
can operate a snowmobile between the hours of sunset and sunrise.
D.
Where the outside bank of a street or highway is impassable. Including and in addition to the operations permitted under § 94-5 of this chapter, snowmobiles may be operated on the shoulder and inside bank or slope of any street or highway within the Town of Rush, at those locations where the outside bank of such street or highway is impassable. Where the inside bank slope and shoulder is impassable, snowmobiles may be operated on the roadway; provided, however, that any permission to operate a snowmobile under this subsection is to extend only from the point on a street or highway where the outside bank has become impassable to the nearest exit point from such street or highway where the outside bank is passable.
E.
It shall be unlawful for any person to operate a snowmobile
on the sidewalks and/or footpaths of the Town, except on the sidewalk and
footpath on the west side of East Henrietta Road (Route 15A) from the intersection
of Rush-Scottsville Road (Route 251) to the south line of premises known as
6071 East Henrietta Road.
F.
When operated on a public highway, snowmobiles shall
travel in single file, shall not ride tandem or abreast of each other except
in overtaking another snowmobile, and shall travel on the right side of the
road in the same direction as the flow of vehicular traffic.
It shall be unlawful to operate a snowmobile on any Town highway described
herein or on any portion thereof at a rate of speed greater than reasonable
or proper under the surrounding circumstances.
It shall be unlawful to operate snowmobiles on any highways described
herein or on any portion thereof between the hours of 12:00 midnight and 7:00
a.m. except that on Saturday and Sunday the prohibited hours shall be between
2:00 a.m. and 7:00 a.m.
It shall be unlawful to operate a snowmobile, except at special events,
sanctioned and approved by the Office of Parks and Recreation, in any manner
which creates loud, unnecessary or unusual noise so as to disturb or interfere
with the peace and quiet of other persons or in any other manner which constitutes
a public nuisance or annoys, injures or endangers the health, safety, comfort
or repose of the public. No person shall use a muffler cutout, bypass or any
other device to defeat the operation of a muffler in good working condition.
Each person operating a snowmobile on any road or highway within the
Town shall observe strictly all vehicular traffic signs and signals and all
other rules and regulations applicable of any state or local police or other
law enforcement officer authorized to direct or regulate traffic.
In addition to any penalty contained in any provision of the law, any
person who shall violate any provision of this chapter shall be guilty of
an offense and be punished by a maximum fine of $250 or by imprisonment for
not more than 15 days, or both.
All other pertinent provisions of Title D, Snowmobiles, of the Parks,
Recreation and Historic Preservation Law of the State of New York State, as
amended, are incorporated herein except as to those modifications set forth
in this chapter.
