[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken 11-9-1978 by L.L. No. 2-1978. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 124.
The purpose of this chapter is to protect the public health,
welfare and safety by regulating the operation of snowmobiles within
the Village of Interlaken in a manner which will promote their safe
and proper use for recreation and commerce, minimize detrimental effects
of such use on the environment and permit use of the highway and other
lands of the Village compatible with the use for vehicular and pedestrian
travel and other uses.
This chapter is enacted pursuant to the provisions of Title
D of the Parks, Recreation and Historic Preservation Law.
This chapter shall hereafter be known and cited as the "Village
of Interlaken Snowmobile Law."
For the purpose of this chapter the definitions, words, phrases
and terms adopted by § 21.05 of the Parks, Recreation and
Historic Preservation Law or by rules and regulations of the Office
of Parks, Recreation and Historic Preservation supplemental thereto
are incorporated herein.
The Village of Interlaken.
A.
Uncongested streets. Subject to the applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law, the rules and regulations of the Office of Parks, Recreation and Historic Preservation and the rules, restrictions and conditions set forth in § 121-6 hereof, all Village roads, streets, highways and public ways are hereby designated as streets, roads and highways, the shoulders of which are safe for limited snowmobile travel, and the limited operation of snowmobiles on the shoulders thereof is hereby permitted. Such use of Village roads, streets, highways and public ways, however, shall be limited to the operation of snowmobiles only for the purpose of proceeding with such snowmobiles from the home of the owner or operator or place of storage of said vehicle by the most direct route to a point outside the said Village limits where said operator intends to use such snowmobile and for the operation of said snowmobiles from a point outside the Village of Interlaken by the most direct route to said home or place of storage of said vehicle. Operation of snowmobiles upon Village roads, streets, highways or public ways for any other purpose shall be unlawful.
B.
Limited operation on highway; emergencies. When authorized or directed
by the Mayor, the State Police or Sheriff of Seneca County, a snowmobile
may be operated on any portion of the highway for the purpose of any
emergency as authorized by § 25.05, Subdivision 2, of the
Parks, Recreation and Historic Preservation Law.
Whenever the operation of a snowmobile is permitted on any highway of the villages provided by § 121-5 above, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operation.
A.
Public or private lands. No snowmobile shall be operated on any lands
owned or occupied by governmental agency or privately owned, except
with the permission of any such owner or occupant.
B.
Play areas. No snowmobile shall be operated on a highway or road
designated as a play area or in an area designated or used as a public
park, golf course or otherwise.
C.
Speed limit. It shall be unlawful to operate a snowmobile on any
Village highway described herein or on any portion thereof at a rate
of speed greater than reasonable or proper under the surrounding circumstances.
D.
Prohibited operating hours. It shall be unlawful to operate snowmobiles
on any Village highway described herein or on any portion thereof
between the hours of 12:00 midnight and 6:00 a.m., except that on
Saturday the prohibited hours shall be between 12:00 midnight and
9:00 a.m. Sunday morning.
E.
It shall be unlawful to operate a snowmobile upon the public sidewalk
or walkway.
F.
Unnecessary noise. It shall be unlawful to operate a snowmobile,
except at special events sanctioned and approved by the Office of
Parks, Recreation and Historic Preservation, 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 device to defeat the operation of
a muffler in good working condition.[1]
G.
Financial security. It shall be unlawful for any person to operate
a snowmobile on any road or highway within the Village unless such
person is insured against public liability and carries with him proof
of such financial responsibility, such as a certificate of liability
insurance of the type, coverage and of the minimum amount as defined
and required of owners and operators of motor vehicles by the Vehicle
and Traffic Law of the State of New York. Such proof shall be displayed
by the owner or operator of any snowmobile upon request to any law
enforcement officer or to any person who has suffered or claims to
have suffered either personal injury or damage to property as a result
of the operation of such snowmobile by any such owner or operator.
H.
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any road or street within the Village shall observe
strictly all vehicular traffic signs and signals and all other rules
and regulations applicable to vehicular traffic and shall obey the
orders and directions of any state or local police or other law enforcement
officer authorized to direct or regulate traffic.
I.
It shall be unlawful to operate a snowmobile within the Village of
Interlaken unless the same is equipped with an antenna or other device
which shall extend above the surface upon which said snowmobile is
operating to a height of at least four feet, to which shall be attached
a red reflecting device and which shall be visible at all times to
motorists or pedestrians while said snowmobile is in operation.
J.
Unattended vehicles. It shall be unlawful within the Village of Interlaken
for the owner or operator of any snowmobile to leave or allow said
snowmobile to remain unattended on any public property while the motor
is running or the keys for starting the vehicle are left in the ignition.
Negligence in the use or operation of a snowmobile is attributable
to the owner. Every owner of a snowmobile used or operated in this
Village shall be liable and responsible for death or injury to person
or damage to property resulting from negligence in the use or operation
of such snowmobile by any person using or operating the same with
the permission, express or implied, of such owner; provided, however,
that such operator's negligence shall not be attributed to the
owner as to any claim or cause of action accruing to the operator
or his legal representative for such injuries or death.
No civil action shall be maintained against the Village for
damages or injuries to person or property sustained in consequence
of any street, highway, public way, roadway, shoulder, outside slope,
inside bank or any other area, whether the same is paved or unpaved
or plowed or unplowed, or on public lands other than roads, where
operation of a snowmobile is permitted pursuant to this chapter, being
out of repair, obstructed, unsafe or dangerous unless it appears that
prior written notice of the defective, unsafe or dangerous condition
was actually given to the Village or its hereinafter specified officer
or employee and there was a failure or neglect within a reasonable
time after the giving of such notice to repair or remove the defect
or danger complained of or the place otherwise made reasonably safe.
The written notice aforesaid shall be given to the Village Clerk who
shall make and keep an indexed record in a separate book of all such
written notices which have been so received, which record shall state
the date of receipt of the notice, the nature and location of the
condition or defect stated to exist and the name and address of the
person from whom the notice was received.
Unless otherwise provided by Parks, Recreation and Historic
Preservation Law § 27.11, failure to comply with any of
the provisions of this law shall be deemed a violation and the violator
shall be liable to a fine not more than $100.
