[HISTORY: Adopted by the Town Board of the
Town of Webster 12-7-2006 by L.L. No. 4-2006 (Ch. 185 of the 1991
Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
on streets and places in the Town of Webster in a manner compatible
with the use of such streets for vehicular and pedestrian travel and
other uses, and which will promote the safe and proper use of snowmobiles
and minimize detrimental effects of such use on the environment.
All and any prior ordinances and local laws
regulating the operation of snowmobiles within the Town of Webster
are hereby repealed and superseded by this chapter.
For the purpose of this chapter, the word and
phrases used herein are defined as follows:
To be within a reasonable distance of the person accompanied.
That portion of a highway immediately adjacent to the right
side of a roadway, customarily used for emergency travel and parking.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported in whole or in part
by one or more skis, belts or cleats.
The Town of Webster, New York.
A.
Snowmobiles shall
not be operated on state, county or Town highways or streets except
as permitted under Article 25 of the Parks, Recreation and Historic
Preservation Law of the State of New York and the rules and regulations
of the Office of Parks, Recreation and Historic Preservation of the
State of New York, as applicable.
B.
Emergencies. When
authorized or directed by the Supervisor or Deputy Supervisor, a snowmobile
may be operated on the affected portions of Town streets for the purpose
of a special emergency as authorized by Subdivision 2 of § 25.05
of the Parks, Recreation and Historic Preservation Law of the State
of New York.
The use and operation of snowmobiles is strictly
prohibited within any Town park, any playground and any other public
land in the Town of Webster, except where posted for such permissive
use by and through resolution of the Town Board, and then only in
conformance with the terms and conditions stated for such use.
The use and operation of a snowmobile within
the Town on any sidewalk is strictly prohibited.
Whenever the operation of a snowmobile is permitted
on the shoulder of any Town street or portion thereof as provided
by the New York State Parks, Recreation and Historic Preservation
Law or upon any Town or public land when so designated by the Town,
the following additional conditions and restrictions are hereby imposed
on all such operation:
A.
Hours of operation.
Any other section of this chapter not withstanding, no person shall
operate a snowmobile on public roads within the Town of Webster between
the hours of 1:00 a.m. and 8:00 a.m., except to cross such roads for
continued access to designated snowmobile trails.
B.
Age of operators
on Town streets. No person under the age of 18 years shall operate
a snowmobile on any Town street or public property, except when accompanied
by and under the control and supervision of a parent or legal guardian,
and in such event such youthful operator must possess a New York State
snowmobile safety certificate, as applicable.
C.
Operation of snowmobiles
on private property. No snowmobile shall be operated upon the private
property of another without his/her express permission. Any person
operating a snowmobile upon the lands of another in violation of this
subsection shall stop and identify himself upon the request of the
landowner, his duly authorized representative or lessee, and, if requested
to do so by said landowner, representative or lessee, shall promptly
remove said snowmobile from the premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Unattended snowmobiles.
It shall be unlawful for any owner or operator to permit any snowmobile
to be left unattended on any Town street or public property while
the motor is running or with the key for starting left in the ignition
or other accessible position on the vehicle.
E.
Speed limit. No
person shall operate a snowmobile on any Town street at a speed in
excess of 25 miles per hour.
F.
Careless or negligent
operation. It shall be unlawful to operate a snowmobile in a careless,
reckless or negligent manner so as to endanger the safety of any person
or the property of any other person.
G.
Obedience to traffic
controls. Each person operating a snowmobile on any Town highway or
street 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
officer or other law enforcement officer authorized to direct or regulate
traffic.
H.
Stopping at certain
intersections. It shall be unlawful for any person to operate a snowmobile
into or through an intersection of streets or highways without first
bringing the vehicle to a complete stop and granting the right-of-way
to pedestrians and all other traffic.
I.
Position on road.
It shall be unlawful to operate a snowmobile on a public street or
highway in the Town except on the right side of the right-of-way,
traveling in single file, and persons shall not ride tandem or abreast
of each other and shall travel on the right side of the road in the
same direction as the flow of vehicular traffic with the snowmobile
running lights on.
J.
Pleasure operating
prohibited. Other than on any routes for snowmobile use which may
be designated hereafter by resolution of the Town Board, no person
shall operate a snowmobile on a Town street except for the purpose
of gaining access to permitted snowmobile trails within or without
the Town.
K.
Interference with
snowplows. No snowmobile shall be operated or left unattended in any
manner that would interfere with the operation of snowplows in plowing
the streets or sidewalks of the Town.
L.
Protective helmets.
No person shall operate or ride upon a snowmobile unless he or she
wears a protective helmet of a type approved by the Commissioner of
Motor Vehicles for use in the operation of motorcycle equipment pursuant
to the Vehicle and Traffic Law, such helmet to be equipped with either
a neck or chin strap and be reflectorized on both sides thereof.
M.
Damage to land
or improvements. No snowmobile shall be operated upon any bare earth
or upon such earth lacking three inches of snow, or more, so as to
cause any lasting depression, digging up or disturbance of such earth,
nor shall any snowmobile be operated over, though or between any growth
on such earth including but not limited to trees, shrubbery, landscaping,
flower beds or plantings of any kind. Damage to driveways shall be
prohibited.
N.
Snowmobiles prohibited
in certain areas. No snowmobile shall be operated in any of the following
areas: North Ponds Park or any Town park or upon the trails therein,
or the lands purchased by the Town of Webster pursuant to its Open
Space Land Preservation Program Plan.
No snowmobile shall be operated within the Town
unless it is equipped, as specified in Article 25 of the Parks, Recreation
and Historic Preservation Law of the State of New York, with proper
brakes, muffler, head and tail lights, and other items.
Pedestrians and all other motor vehicles, including
snowplows, shall have the right-of-way over all snowmobiles operated
within the Town of Webster.
It shall be unlawful for any person to operate,
and any owner thereof to permit to be operated, a snowmobile on any
street or public land or public place in the Town unless the owner
or operator of such machine is insured against public liability and
carries with him or her proof of financial responsibility in the manner
prescribed by and of the minimum amount as provided in Article 25
of the Parks, Recreation and Historic Preservation 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
vehicle by any such owner or operator. The failure to produce such
proof shall be presumptive evidence of operating the vehicle without
insurance against public liability.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No parent or guardian shall authorize or knowingly
permit his or her child or ward who is under the age of 18 years to
operate a snowmobile in violation of any provision of this chapter,
or any rules and regulations promulgated hereunder.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgments shall
have been rendered.
A.
Any person, firm
or corporation violating or permitting the violation of any provision
of this chapter shall be guilty of a violation and shall be subject
to a fine of not less than $100 nor more than $500 or to imprisonment
of not more than 15 days, or both such fine and imprisonment.
B.
In the case of
a second or subsequent violation, the court may order seizure of said
vehicle or conveyance in lieu of any fine and/or imprisonment. Any
vehicle or conveyance which is confiscated pursuant to this section
will be sold at public auction according to the appropriate procedures
and laws affecting public auctions by municipalities.
C.
In the case of
a third or subsequent violation, any person, firm or corporation violating
or permitting the violation of any of such provisions of this chapter
shall be guilty of a misdemeanor and shall be subject to a fine of
not less than $500 nor more than $1,000 or to imprisonment of not
more than one year, or both such fine and imprisonment.
D.
In addition,
any and all persons, firms or corporations violating or permitting
a violation of any of the provisions of this chapter or omitting or
refusing to do any act required by this chapter, shall be severally,
for each and every violation and noncompliance respectively, liable
for a civil penalty of $250. The imposition of all penalties for any
violation of this chapter shall not excuse the violation or permit
it to continue. The application of the above penalties or the provisions
of this chapter shall not be held to prevent the enforcement of this
chapter by other action.
[Amended 6-17-2010 by L.L. No. 5-2010]
Enforcement of a violation of this chapter shall
be initiated by appearance ticket. The following individuals are authorized
to issue appearance tickets for the enforcement of this chapter: State
Police Officer, County Sheriff or Deputy, Webster Town Police Officer,
Town of Webster Code Enforcement Official, or by any other law enforcement
officer or other person so designated by the Town Board of the Town
of Webster.
This chapter shall take effect immediately upon
adoption and shall thereafter be filed with the Secretary of State
pursuant to the provisions of the Municipal Home Rule Law of the State
of New York.
