[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 12-5-1972
(Ch. 43 of the 1993 Code). Amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety
and general welfare by regulating the operation of snowmobiles within the
Village of Phoenix in a manner which will promote their safe and proper use,
minimize detrimental effects of such use on the environment and permit use
of the streets of the village compatible with the use thereof for vehicular
and pedestrian travel.
[Amended 2-16-1999 by L.L. No. 1-1999]
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 "Snowmobile Ordinance
of the Village of Phoenix."
A.
For the purpose of this chapter, the definitions of words,
phrases and terms adopted by §§ 1.03 and 21.05 of the Parks,
Recreation and Historic Preservation Law and by rules and regulations adopted
by the Commissioner of Parks, Recreation and Historic Preservation as provided
by § 25.01 of the Parks, Recreation and Historic Preservation Law,
and as the same shall be amended or supplemented hereafter, are incorporated
herein.
[Amended 2-16-1999 by L.L. No. 1-1999]
B.
Wherever the word "village" is used herein, reference
shall be to the Village of Phoenix.
[Amended 2-16-1999 by L.L. No. 1-1999]
A.
All village streets, except those streets that form a
part of a state or county highway, are hereby designated as open for use for
snowmobile travel within the meaning of § 25.05, Subdivision 7,
of the Parks, Recreation and Historic Preservation Law, and snowmobile travel
and operation on the shoulders and roadways thereof is hereby permitted. Those
streets falling under the classification of state or county highways are all
of Volney Street and all of Lock Street. Snowmobile operation on these streets
will be governed by state and county law.
B.
Permitted snowmobile travel and operation pursuant to this section is subject to the conditions and restrictions on snowmobile operation set forth in § 158-6 of this chapter and the applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law and the rules and regulations promulgated thereunder.
[Amended 2-16-1999 by L.L. No. 1-1999]
A.
Whenever the operation of a snowmobile is permitted on any street of the village as provided in § 158-5 above, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operation pursuant to § 25.09, Subdivision 1(d), of the Parks, Recreation and Historic Preservation Law but shall not be construed as limiting or modifying the conditions and restrictions on the operation of snowmobiles as set forth in said Title D of the Parks, Recreation and Historic Preservation Law.
(1)
Village streets. Operation of snowmobiles for use on
village streets shall be granted subject to the limitations set forth in this
chapter.
[Amended 3-7-2000 by L.L. No. 1-2000]
(2)
Public or private lands. No snowmobile shall be operated
on any lands owned or occupied by governmental authority, except as is otherwise
provided by this chapter, or on the private property of another without the
express permission of such owner or occupant.
(3)
Sidewalks. Snowmobiles shall not be operated upon any
public sidewalks or walkways.
(4)
School areas. Snowmobiles shall not be operated on any
lands or roadways owned by the Phoenix Central School District.
(5)
Church areas. Snowmobiles shall not be operated within
1,000 feet of any church or religious society during the hours when such church
or society is conducting publicly posted religious services.
(6)
Quiet zones. Snowmobiles shall not be operated at any
time within 500 feet of lands or buildings occupied and used as a licensed
hospital, sanitarium, nursing home or other health-related facility.
(7)
Speed limit. Snowmobiles shall not be operated on any
village street or any portion thereof at a rate of speed in excess of 10 miles
per hour, and at no time shall snowmobiles be operated at an imprudent speed.
(8)
Hours of operation. Snowmobiles shall not be operated
on any village street or any portion thereof between the hours of 11:00 p.m.
and 8:00 a.m. of the following day, except that on Saturdays and Sundays the
prohibited hours shall be from 12:00 midnight to 8:00 a.m. on each of said
days.
(9)
Snowmobiles shall not be operated 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 and comfort
of the public.
(10)
Financial security. A snowmobile shall not be operated
on any village street unless the person owning the snowmobile is insured against
public liability and carries in such snowmobile proof of financial security,
such as a certificate of liability insurance, of the type, coverage and of
the minimum amount as defined 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.
(11)
Direction of operation. No person shall operate a snowmobile
within the streets of the village except on the right side of the street and
in the same direction as motor vehicle traffic.
(12)
Unattended snowmobiles. It shall be unlawful for any
owner or operator to leave or allow a snowmobile to be left unattended on
any village street while the motor is running or with any key for starting
the same left in the ignition or elsewhere in said snowmobile.
(13)
Operator requirements. No person under the age of 17
years or without a New York State operator's license shall operate a
snowmobile on the streets within the village.
(14)
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any village 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 or other law enforcement officer authorized to direct or regulate
traffic.
B.
In addition to the above regulations, the statutory provisions
contained in Title D of the Parks, Recreation and Historic Preservation Law
shall also apply.
Failure to comply with any of the provisions of this chapter shall be
deemed a violation, and the violator shall be liable to a fine of not less
than $25 nor more than $100.
This chapter shall be effective December 15, 1972, except that effectivity
shall be renewable on an annual basis by action of the Village Board of Trustees
and shall apply only during the period from November 1 to April 30 of the
following year.
A copy of this chapter shall be filed with the Commissioner of Parks,
Recreation and Historic Preservation in accordance with the provisions of
Title D of the Parks, Recreation and Historic Preservation Law.
