[HISTORY: Adopted by the Town Board of the Town of Cochecton 1-21-1971 by L.L. No.
1-1971. Amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
welfare and safety by regulating the operation of snowmobiles within
the Town of Cochecton 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 highways and
other lands of the Town 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 "Town
of Cochecton Snowmobile Local Law."
A.
For the purpose of this chapter, the definitions of 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.[1]
B.
Wherever the word "Town" is used herein, reference shall be to the
Town of Cochecton.
All Town highways of the Town of Cochecton are hereby designated as safe for snowmobile travel, and snowmobile travel and operation on the shoulders thereof is hereby permitted, subject to the rules, restrictions and conditions set forth in § 200-6 hereof and applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law and the rules and regulations of the Office of Parks, Recreation and Historic Preservation.
Whenever the operation of a snowmobile is permitted on any highway of the Town as provided by § 200-5 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 a governmental agency or privately owned, except
with the permission of any such owner or occupant.
B.
Sidewalks. It shall be unlawful to operate a snowmobile upon a public
sidewalk or walkway.
C.
Speed limit. It shall be unlawful to operate a snowmobile on any
Town highway described herein or on any portion thereof at a rate
of speed greater than reasonable or proper under the surrounding circumstances.
D.
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 other devise to defeat the operation
of a muffler in good working condition.[1]
E.
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any road or highway within the Town 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.
Negligence in the use or operation of a snowmobile is attributable
to the owner. Every owner of a snowmobile used or operated in this
Town 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.
