[HISTORY: Adopted by the Town Board of the
Town of Bethel 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
and all-terrain vehicles within the Town of Bethel in a manner which
will promote their safe and proper use for recreation and commerce,
which will minimize the detrimental effects of such use on the environment
and which will permit the use of the highways and other lands of the
Town compatible with the use for vehicular and pedestrian travel and
other uses.
For the purposes of this chapter, the following
definitions shall apply:
Defined as set forth at § 2281 of the Vehicle and
Traffic Law, as may be amended or revised.
Defined as set forth at § 21.05, Subdivision 3,
of the Parks, Recreation and Historic Preservation Law, as may be
amended or revised.
A.
The operation
of all snowmobiles within the Town of Bethel shall be governed by
Title D, Article 25, of the Parks, Recreation and Historic Preservation
Law, as well as any other applicable state statute or regulation,
and as supplemented by this chapter.
B.
Operation
of snowmobiles on Town/county highways. Snowmobiles may be operated
on the following portions of Town highways which have been designated
and posted by the Town of Bethel, and on the following portions of
county highways which have been designated, upon the written authorization
of the County of Sullivan, and posted by the Town of Bethel as provided
in Parks, Recreation and Historic Preservation Law § 25.09:
(1)
Shoulders
and inside banks. On the shoulders and inside banks of such Town highways
or portions thereof so designated.
(2)
Roadways.
On roadways of such highways or portions thereof in case the outside
banks or shoulders are determined by the Town of Bethel to be impassable
or nonexistent by reason of prevailing snow conditions or conditions
of terrain.
(3)
Access
areas. On such Town highways, for a distance of not to exceed 500
yards when in the determination of the Town of Bethel it is otherwise
impossible for snowmobiles to gain access to areas or trails adjacent
to the Town highway, for the purpose only of gaining access to and
from the areas of operation.
C.
Designation
of Town/county highways.
(1)
In accordance with §§ 25.05 and 25.09 of the Parks, Recreation and Historic Preservation Law, the Town Board of the Town of Bethel may designate by resolution certain Town or county highway(s), or portions thereof, for snowmobile use as provided in Subsection B of this section. The Town Board may, from time to time, add to or delete from those Town or county highway(s) so designated. A current list of those Town or county highway(s) designated for snowmobile use shall be maintained by the Town Clerk.
(2)
Snowmobiles may not be operated on any of the highways designated in Subsection C(1) until such designated highways or portions thereof shall be identified by markers posted by, or at the direction of, the Town of Bethel in such manner as may be provided by rules and regulations of the Commissioner of the Department Parks, Recreation and Historic Preservation.
D.
Operating
snowmobiles on Town property prohibited. No person shall operate a
snowmobile on Town-owned property, including but not limited to the
Town Park.
A.
The operation
of ATVs within the Town of Bethel shall be governed by Articles 48-B
and 48-C of the Vehicle and Traffic Law, as well as any other applicable
state statute or regulation, and as supplemented by this chapter.
B.
Operation
of all-terrain vehicles on Town highways. ATVs may be operated on
Town highways, including bridge and culvert crossings, that have been
designated and posted by the Town as open for travel by ATVs when,
in the determination of the Town, it is otherwise impossible for ATVs
to gain access to areas or trails adjacent to the highway.
C.
Designation
of Town highways.
(1)
In accordance with § 2405 of the Vehicle and Traffic Law, the Town Board of the Town of Bethel may designate by resolution certain Town or county highway(s), or portions thereof, for ATV use as provided in Subsection B of this section. The Town Board may, from time to time, add to or delete from those Town or county highway(s) so designated. A current list of those Town or county highway(s) designated for ATV use shall be maintained by the Town Clerk.
(2)
ATVs may not be operated on any of the highways designated in Subsection C(1) until such designated highways or portions thereof shall be identified by markers posted by, or at the direction of, the Town of Bethel in such manner as may be provided by rules and regulations of the Commissioner of Motor Vehicles.
D.
Operating
all-terrain vehicles on Town property prohibited. No person shall
operate an ATV on Town-owned property, including but not limited to
the Town Park.
E.
Restrictions
on the operation of all-terrain vehicles. In accordance with § 2404,
Subdivision 6, of the Vehicle and Traffic Law, the Town adopts the
following restrictions regarding the operation of ATVs within the
Town. An ATV may not be operated within the Town:
(1)
By any person under the age of 16 years.
(2)
At a rate of speed exceeding 25 miles per hour on a Town highway designated under Subsection C of this section.
(3)
At a rate of speed exceeding the posted limit on any
private property, provided that no operator shall exceed the speed
of 55 miles per hour, and, if no limit is posted, then 25 miles per
hour.
A.
Special events for snowmobiles will be conducted in accordance with 9 NYCRR § 458.1. Persons seeking to conduct a special event for snowmobiles shall not be relieved from compliance with any other authorizations required under applicable law or regulation or this Town Code, including but not limited to any applicable requirements of Chapter 220, Noise; Chapter 249, Racetracks; or Chapter 345, Zoning, hereof.
B.
Special events for ATVs will be conducted in accordance with § 2408, Subdivision 2, of the Vehicle and Traffic Law, this § 272-5B and any applicable requirements of the Town Code, including Chapter 220, Noise; Chapter 249, Racetracks; or Chapter 345, Zoning.
(1)
Whenever an ATV special event is proposed to be held,
the person in charge thereof shall, at least 30 days prior thereto,
file an application with the Town Clerk for a permit to conduct said
special event and pay the permit fee. The permit fee shall be as set
forth in the most current fee schedule of the Town as may be amended
from time to time by resolution of the Town Board.
(2)
No special event shall be conducted without a written
permit issued by the Town Board. The permit application shall set
forth the name of the applicant; who shall be responsible for ensuring
that the activity complies with any permit issued pursuant to this
section; and the date, duration and location of the proposed special
event and such other information as the Town Board may reasonably
require. If the applicant is not the owner of the real property upon
which the special event is to be conducted, written authorization
of all property owners must accompany the permit application.
(3)
The Town Board shall either grant or deny the permit
to hold a special event within 30 days after receipt of an application
for permit. In the event that the Town fails to issue a permit or
deny the permit application within 30 days of the receipt of the permit
application and the payment of the fee, the permit shall be deemed
denied.
(4)
The Town Board may include any reasonable conditions
in the permit as it deems necessary to protect the health, safety
and welfare of the public.
(5)
The Commissioner of Motor Vehicles shall be furnished
with a copy of all such permit applications as required by § 2408,
Subdivision 2, of the Vehicle and Traffic Law.
(6)
No permit under this § 272-5B shall be required for a closed-circuit special event held entirely on private property, but the Town and the Commissioner of Motor Vehicles shall be notified in writing of such event at least 30 days prior thereto. The permit exception provided by this Subsection B(6) shall not relieve any person from compliance with any other authorizations required under applicable law or regulation or this Town Code, including but not limited to any applicable requirements of Chapter 220, Noise; Chapter 249, Racetracks; or Chapter 345, Zoning.
Except as provided in § 27.11 of the
Parks, Recreation and Historic Preservation Law with respect to offenses
against traffic regulations, any offense against the provisions of
this chapter shall be deemed a violation pursuant to the Penal Law
of the State of New York, punishable by a fine of not more than $250
or imprisonment for not more than 15 days, or both.
