[Ord. of 12-6-1971]
The purpose of this article is to protect the public health,
welfare and safety by regulating the operation of snowmobiles within
the City of Poughkeepsie in a manner which will promote their safe
and proper use for recreation and commerce, minimize detrimental effects
of such use on the environment, limit use of the highways and prohibit
use of other lands of the city.
[Ord. of 12-6-1971]
This Article is enacted pursuant to the provisions of Article 8 of the Conservation Law as enacted by Chapter 459 of the Laws of 1970.[1]
[1]
Editor's Note: See now Title D of the Parks, Recreation and
Historic Preservation Law.
[Ord. of 12-6-1971]
[Ord. of 12-6-1971]
(b)
Operation on lands of another. It shall be unlawful
for any person to drive or operate any snowmobile on private property
without the consent of the owner or lessor thereof.
(c)
Operation on streets and highways. It shall be unlawful
for any person to drive or operate any snowmobile on public streets
or highways within the City of Poughkeepsie other than in the following
cases and no other:
(1)
On the interstate or limited-access state highways, for emergency
travel only, during the period of time when and at locations where
permitted by the Commissioner of Transportation of the State of New
York.
(2)
On other public streets and highways within the City of Poughkeepsie,
snowmobiles may take a direct crossing at an angle of approximately
90° to the direction of the street or highway and in accordance
with the provisions of Clause b of Subdivision 2 of Section 8-0303
of the Conservation Law.[2]
[2]
Editor's Note: See Code of Ordinances Section 25.05, Subdivision
3, of the Parks, Recreation and Historic Preservation Law.
(3)
In an emergency, as so declared by the appropriate chief executive
officer as defined in Clause b of Subdivision 1 of Section 209-m of
the General Municipal Law, and for the purpose of emergency travel
only on any public street or highway, during the period of time when
and at locations where snow upon the roadway renders travel by automobile
impracticable.
(4)
On public streets and highways, when necessary to cross a bridge
or culvert.
(5)
On public streets and highways on the slopes or area outside
the guardrails, if any, or on the back side of any snow embankment.
(d)
Operation on public lands. No snowmobile shall be
operated on any lands or waters within the City of Poughkeepsie owned
or occupied by a governmental agency, including areas designated or
used as a public park, golf course or otherwise and public sidewalks
or walkways.
[Ord. of 12-6-1971]
No snowmobile shall be operated:
[Ord. of 12-6-1971]
It shall be unlawful to operate a snowmobile 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 cut-out, bypass or any other device to defeat the operation
of a muffler in good working condition.
[Ord. of 12-6-1971]
[Ord. of 12-6-1971]
If any section, subsection, paragraph, clause, sentence or phrase
of this Article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion hereof.