[HISTORY: Adopted by the Town Board of the Town of Lowville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-16-1995 by L.L. No. 2-1995 (Ch. 172 of the 1994
Code)]
The purpose of this article is to protect the public health,
welfare and safety by regulating the operation of snowmobiles on public
highways and places of the Town of Lowville in a manner which will
be compatible with the use of such highways and places for vehicular
and pedestrian travel and other uses, which will promote the proper
and safe use and operation of snowmobiles for recreation and commerce
and which will minimize the detrimental effects of such use upon the
environment.
As used in this article, unless the context requires otherwise,
the following definitions shall be applicable:
A mound, pile or ridge of snow on the edge of a highway accumulated
from natural snowfall or by snowplowing operations.
The Commissioner of Parks, Recreation and Historic Preservation
of the state.
The County of Lewis, New York.
The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular traffic.
The portion of a snowbank immediately adjacent to the shoulder
of the roadway.
To ride in or on, other than as a passenger, or 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.
The portion of a snowbank outside the crest thereof and farthest
removed from the roadway.
Any person having title to a snowmobile. If a snowmobile
is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not, after delivery
of such snowmobile, be deemed an owner within the provisions of this
section, but the vendee or his assignee, upon receipt of possession
thereof, shall be deemed such owner, notwithstanding the terms of
such contract, until the vendor or his assignee shall retake possession.
A person holding only a security interest in a snowmobile shall not
be deemed an "owner" unless such person also has possession of such
snowmobile.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the shoulder.
That portion of a highway which lies outside the paved or
unpaved roadway immediately adjacent to the portion of the roadway
which may be used by motor vehicles.
A 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 State of New York.
The Superintendent of Insurance of the state.
The Supervisor of the Town.
The Town of Lowville in Lewis County, New York.
A.
Designated Town highways. The following highways are set forth as
"highways designated by governmental agencies" upon which snowmobiles
may be operated on the shoulders and inside banks as permitted by
Parks, Recreation and Historic Preservation Law §§ 25.05,
Subdivision 7, and 25.09:
B.
Designated county highways. In addition, snowmobiles may be operated
on the shoulders and inside banks of that portion of the county highways
as so designated by the County Board of Legislators.
C.
Unplowed highways. Snowmobiles may be operated on highways, or portions
thereof, during the periods when and at locations where the highway
is customarily unplowed and unused during the winter months for vehicle
travel.
D.
Emergencies. Snowmobiles may be operated for the purpose of emergency
travel only, during the periods of time when and at locations where
snow upon the highway renders travel by motor vehicles impractical
as so declared by the Supervisor of the Town. A snowmobile may also
be operated on a highway otherwise closed to snowmobile travel in
emergency situations when the specific travel for a specific purpose
is authorized or directed by a peace officer, police officer, the
Highway Superintendent of the Town or the county, the Supervisor or
the County Manager.
E.
Highway crossings. Snowmobiles may be operated so as to take a direct
crossing of a highway at any time of the day, provided that the crossing
is made at an angle approximately 90° to the direction of the
highway, and at a place where no obstruction prevents a quick and
safe crossing, and the snowmobile is brought to a complete stop before
crossing the shoulder or main traveled way of the highway and the
driver yields the right-of-way to all oncoming traffic which constitutes
an immediate hazard.
F.
Culverts and bridges. Snowmobiles may be operated on highways when
necessary to cross a bridge or culvert.
G.
Outside banks. Snowmobiles may be operated on the outside banks of
highways in the Town.
H.
Roadways. Snowmobiles may be operated on the roadways of the highways designated in Subsection A or the portions thereof in case the outside banks or shoulders are determined by the Supervisor to be impassable or nonexistent by reason of prevailing snow conditions or conditions of terrain.
I.
Access areas. Snowmobiles may be operated on the highways designated in Subsection A for a distance not to exceed 500 yards when, in the determination of the Supervisor, it is otherwise impossible for snowmobiles to gain access to areas or trails adjacent to the highway, for the purpose only of gaining access to and from the areas of operation.
J.
Annual designation. The highways heretofore set forth in Subsection A as designated Town highways and the highways heretofore set forth in Subsection B as designated county highways shall continue as highways upon which snowmobiles may be operated as set forth in this article from year to year after the effective date of this article, unless the Town Board amends or repeals that portion of this article so designating the Town and county highways, which amendment or repeal is to occur during the month of October of each year.
A.
Imprudent speed. No person shall drive or operate any snowmobile
at a rate of speed greater than reasonable or proper under the surrounding
circumstances.
B.
Reckless operation. No person shall drive or operate any snowmobile
in a careless, reckless or negligent manner so as to unreasonably
endanger the person or property of another or to cause injury or damage
thereto.
C.
Intoxication and drugs. No person shall drive or operate any snowmobile
while in an impaired or intoxicated condition or under the influence
of narcotics or drugs as defined by § 114-a of the Vehicle
and Traffic Law of the State of New York.
D.
Lights. No person shall drive or operate any snowmobile between sunset
and sunrise or when lights are required for safety without displaying
at least one lighted headlight and taillight.
E.
Plantings. No person shall drive or operate any snowmobile in any
tree nursery or planting in a manner which damages or destroys growing
stock or creates a substantial risk thereto.
F.
On lands of another. No person shall drive or operate any snowmobile on private property without the consent of the owner or lessee thereof. Any person operating a snowmobile upon lands of another in violation of this Subsection F shall stop and identify himself or herself upon the request of the landowner, or the landowner's duly authorized representative or lessee, and if requested to do so by the landowner, representative or lessee shall promptly remove the snowmobile from the premises.
G.
Towing of sleigh, sled or toboggan. No person shall drive or operate
any snowmobile while towing a sleigh, sled or toboggan, unless attached
by a rigid support, connection or tow bar.
H.
Fail to stop and yield. No person shall drive or operate any snowmobile
in any place at any time and fail to stop and yield to an authorized
ambulance, civil defense or police snowmobile or police vehicle being
operated as an emergency vehicle and approaching from any direction.
I.
Failure and refusal to comply. No person shall drive or operate any
snowmobile in any place at any time and fail or refuse to comply with
any lawful order or direction of any police officer or other person
duly empowered to enforce the laws of the state and/or the Town relating
to snowmobiles.
J.
Lane operation. No person shall drive or operate any snowmobile on
any highway when it is otherwise permitted between sunset and sunrise
except on the right side of such right-of-way or highway and in the
same direction as the highway traffic or the nearest lane of the roadway
adjacent thereto.
K.
Single lane. No person shall drive or operate any snowmobile on any
highway when otherwise permitted unless in a single file, and such
persons shall not ride tandem or abreast of each other except in overtaking
another snowmobile, and such persons shall travel on the right side
of the road in the same direction as the flow of vehicular traffic.
L.
Skis or sleigh, sled or toboggan. No person shall drive or operate
any snowmobile on or across a highway while pulling a person on skis
or drawing or towing a sleigh, sled or toboggan which carries or transports
any person. No person on skis shall be pulled by, and no person shall
ride on or in a sleigh, sled or toboggan which is being towed or trailed
by, a snowmobile on a highway.
M.
Public waters. No person shall drive or operate any snowmobile on
the frozen surface of public waters within 100 feet of a person or
within 100 feet of a fishing shanty or shelter except at the minimum
speed required to maintain forward movement of the snowmobile or on
an area which has been cleared of snow for skating purposes unless
the area is necessary for access to the public water.
N.
Dwellings. No person shall drive or operate a snowmobile within 100
feet of a dwelling between 12:00 midnight and 6:00 a.m. at a speed
greater than the minimum required to maintain forward movement of
the snowmobile.
A.
Coverage. A snowmobile which shall be operated on the roadway or
shoulder of a highway shall be covered by a policy of insurance, in
such language and form as shall be determined and established by the
Superintendent of Insurance, issued by an insurance carrier authorized
to do business in the state. Such policy shall provide coverage for
any one person sustaining bodily injuries or the death of one person
in any one accident in the amount of at least $10,000, and subject
to said limit of one person, in the amount of at least $20,000 because
of bodily injury to or death of two or more persons in any one accident,
and in an amount of at least $5,000 because of injury to or destruction
of property of others in any one accident, for damages arising out
of negligent operation of said snowmobile. In lieu of such insurance
coverage as hereinabove provided, the Commissioner, in his discretion
and upon application of a governmental agency having registered in
its name one or more snowmobiles, may waive the requirement of insurance
by a private insurance carrier and issue a certificate of self-insurance,
when he is satisfied that such governmental agency is possessed of
financial ability to respond to judgments obtained against it, arising
out of the ownership, use or operation of such snowmobile. The Commissioner
may also waive the requirement of insurance by a private insurance
carrier and issue a certificate of self-insurance upon application
of any person or any other corporation, having registered in its name,
one or more snowmobiles, and furnishing of proof that a certificate
of self-insurance has been issued and is in effect by the Commissioner
of Motor Vehicles, pursuant to the provisions of § 316 of
the Vehicle and Traffic Law.
B.
Proof on request. Proof of insurance as required by this section
shall be produced and displayed by the owner or operator of such snowmobile
upon the request of any magistrate or any person having authority
to enforce the provisions of this article. The failure to produce
such proof upon the request of any such person shall not be an offense
but shall be presumptive evidence that the snowmobile is being operated
without having such insurance in force and effect.
C.
Proof upon accident. Proof of insurance as required by this section
shall be produced and displayed by the owner or operator of such snowmobile
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, if such insurance coverage was required
under the circumstances of such operation. It shall be an affirmative
defense to any prosecution for a violation of this subsection that
such proof was so produced or displayed within 24 hours of receiving
notice of such injury or damage, or the claim of such injury or damage.
D.
Owner liability. No owner of a snowmobile shall operate or permit
the same to be operated upon the shoulders or roadways of highways
without having in full force and effect the liability insurance coverage
required by this section, and no person shall operate a snowmobile
upon the shoulders or roadways of highways with knowledge that such
insurance is not in full force and effect.
No person shall drive or operate a snowmobile on a highway within
the Town unless it is equipped with the required headlight, taillight,
brakes, reflector material and muffler as defined by and in accordance
with the minimum standards of § 25.17 of the Parks, Recreation
and Historic Preservation Law of the State of New York.
A.
Impaired operation. No person shall operate a snowmobile on a street,
highway, public trails or lands while such person's ability to
operate such snowmobile is impaired by the consumption of alcohol
or by the use of a drug as defined by § 114-a of the Vehicle
and Traffic Law.
B.
Intoxicated operation. No person shall operate a snowmobile on a
street, highway, public trails or lands while such person is in an
intoxicated condition.
C.
Alcohol by weight. No person shall operate a snowmobile on a street,
highway, public trails or lands while such person has 0.08 of 1% or
more by weight of alcohol in such person's blood as shown by
a chemical analysis of the blood, breath, urine or saliva, made pursuant
to the provisions of § 25.24, Subdivision 6, of the Parks,
Recreation and Historic Preservation Law.[1]
D.
Combined effect. No person shall operate a snowmobile while such
person's ability to operate such snowmobile is impaired by the
combined effects of the consumption of alcohol and the use of one
or more drugs as defined by § 114-a of the Vehicle and Traffic
Law.
F.
Incorporation by reference. The provisions of Parks, Recreation and
Historic Preservation Law § 25.24, Subdivisions 2, 3, 4
and 5, are incorporated herein by reference with the same force and
effect as if set forth at length herein.
G.
Lesser charge. A snowmobile operator may be convicted of a violation of Subsection A, B, C or D notwithstanding that the charge laid before the court alleged a violation of Subsection B, or Subsection C, or Subsection D, and regardless of whether or not such conviction is based upon a plea of guilty.
A.
Accident report. The operator of any snowmobile involved in any accident
resulting in injuries to or death of any person or in which property
damage in the estimated amount of $1,000 or more is sustained shall,
within seven days after such accident, report the matter in writing
to the Office of Parks, Recreation and Historic Preservation of the
state, with a copy thereof to the Sheriff of the county. If such operator
is physically incapable of making such report and there is another
participant in the accident not so incapacitated, such participant
shall make the report within the allotted time after such accident.
In the event that there is no other participant and the operator is
other than the owner, then the owner shall within the prescribed period
of time, after learning of the facts of such accident, report the
matter to the Office of Parks, Recreation and Historic Preservation
of the state, together with such information as may have come to his
knowledge relating to such accident. Every such operator of a snowmobile,
or participant in any such accident, or the owner of the snowmobile
involved in any such accident, shall make such other and additional
reports as the Commissioner shall require.[1]
B.
Personal injury. Whenever any snowmobile meets with an accident involving
a loss of life, personal injury or damage to property and the operator
thereof has knowledge of such accident, he shall stop and give his
name and address, the name and address of the owner thereof and the
registration number assigned to said snowmobile to the injured person
or the person sustaining the damage, or to a peace or police officer.
In the event that the person sustaining the damage is not present
at the place where the damage occurred, the operator shall, as soon
as physically able, report the same to the nearest law enforcement
agency.
C.
Police report. A peace, police or judicial officer who investigates
or receives information of an accident involving a snowmobile shall
make a written report of the investigation or information received,
and such additional facts relating to the accident as may come to
his knowledge, and mail the same within 48 hours to the Office of
Parks, Recreation and Historic Preservation of the state and keep
a record thereof in his office.
D.
Evidence. Failure of such persons to give notice of any accident
requiring notice shall be prima facie evidence that such accident
was not reported.
A.
Age of
operation. No person under 18 years of age shall operate a snowmobile
except as provided for in this subsection.
(1)
No
person under the age of 14 years shall operate a snowmobile except
upon land owned or leased by his or her parent or guardian. "Leased
lands" as used in this section shall not include lands leased by an
organization of which said operator or his or her parent or guardian
is a member.
(2)
A person
10 years of age or older but less than 14 years of age who holds a
valid snowmobile safety certificate issued by the Commissioner may
operate a snowmobile on any lands upon which snowmobiling is allowed
if accompanied by a person over 18 years of age. For the purpose of
this section, “accompanied” shall mean within 500 feet
of the person over 18 years of age.
(3)
A person
14 years of age or older but less than 18 years of age, who either
holds a valid snowmobile safety certificate issued by the Commissioner
or is accompanied by a person over 18 years of age, may operate a
snowmobile in the same manner as a person over 18 years of age.
B.
Exhibition of certificate. The failure of a person specified in Subsection A of this section to hold a snowmobile safety certificate issued by the Commissioner to exhibit such upon demand to any magistrate, peace officer, acting pursuant to his or her special duties, police officer, or other person having authority to enforce the provisions of this article, shall not be an offense, but shall be presumptive evidence that such person is not the holder of such certificate.
C.
Authorization.
No owner of a snowmobile shall authorize or permit the operation of
his or her snowmobile within the state by any person in violation
of the provisions of this section
Every peace officer, police officer, conservation officer in
the Department of Environmental Conservation and employees of the
Office of Parks, Recreation and Historic Preservation as may be designated
by the Commissioner shall enforce the provisions of this article.
Such enforcement officer shall be authorized to issue appearance tickets,
or in lieu thereof, uniform appearance tickets and simplified traffic
information, for any violation of this article.
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 article 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, and each day that a violation is continued shall constitute a separate and distinct offense. Notwithstanding the foregoing, however, a violation of § 168-7 of this article shall be subject to the penalties as set forth in § 168-7E of this article. Notwithstanding the foregoing penalties, the court which renders the conviction of any person for violation of this article may, in its discretion, impose such other penalty or penalties as it deems appropriate, which may be provided for in case of a violation of any of the provisions of the Parks, Recreation and Historic Preservation Law of the state. In the event of such other penalty, the fees and penalties imposed by such court shall be disposed of as provided for by § 27.13 of the Parks, Recreation and Historic Preservation Law.
