Town of Sullivan, NY
Madison County
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[HISTORY: Adopted by the Town Board of the Town of Sullivan 1-24-1972 by L.L. No. 1-1972. Amendments noted where applicable.]
GENERAL REFERENCES
Operation of vehicles — See Ch. 255.
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of snowmobiles on public highways and places of the Town of Sullivan, County of Madison, in a manner which will be compatible with the use of such highways and places for vehicular and pedestrian travel and other uses, and which will promote the safe and proper use of snowmobiles for recreation and commerce and minimize detrimental effects of such use on the environment.
For the purpose of this chapter, the following words, phrases and terms shall have the following meaning:
HIGHWAY
The entire width between boundary lines of any right of way or property owned in fee by the Town of Sullivan when any part thereof is open to the use of the public, as a matter of right, for the purpose of travel and access.
MUNICIPAL CORPORATION
Includes a county, city, town, village, school district, fire district and a special or improvement district of a county or town.
OPERATE
To ride in or on, other then as a passenger, use or control the operation of a snowmobile in any manner, whether or not said snowmobile is under way.
OPERATOR
Every person who operates or is in actual physical control of a snowmobile.
OUTSIDE SLOPE
That portion of the highway between the drainage ditch and the outer boundary of the right of way during times when the drainage ditch is identifiable. When a continuous berm of plowed snow covers the drainage ditch, the "outside slope" means that portion of the berm pitching downward and furthest from the plowed portion of the highway.
OWNER
A person other than a lien holder having the property in or title to a snowmobile.
PERSON
Includes an individual, partnership, corporation, municipal corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
ROADWAY
That portion of the highway which is designed, improved, paved and ordinarily used for vehicular travel.
SHOULDER
That portion of the highway between the roadway and adjacent drainage ditches, being generally graded to conduct water from the roadway to the drainage ditches. On unpaved highways the "shoulder" means the portions of the highway between the centermost 16 feet of the roadway and the drainage ditch.
SNOWMOBILE
A self-propelled vehicle designed for travel on snow or ice steered by skis or runners, and supported in part by skis, belts or cleats.
SPECIAL EVENT
An organized race, exhibition or demonstration of snowmobiles of limited duration which is conducted according to a prearranged schedule and duly permitted by the State of New York.
TOWN
The Town of Sullivan in the County of Madison.
Operation of snowmobiles on highways and public ways of the Town of Sullivan shall be subject to the applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law, and the rules, restrictions and conditions set forth in § 213-4 of this chapter.
A. 
Uncongested highways; operating on shoulders.
(1) 
The following streets or highways of the Town of Sullivan, Madison County, are hereby designated as uncongested for the purpose of operation of snowmobiles on the shoulders thereof as authorized by Title D of the Parks, Recreation and Historic Preservation Law:
All of Osborne Road
All of Creek Road
All of Canaseraga Road
Harsh Road from Canaseraga Road to Canal
All of Robinson Road
Gee Road from New Boston Road to Tag Road
Tag Road from Gee Road west to Fly or Lakeport Road
All of Black Creek Road north of Chestnut Ridge Road
All of Weaver Road
All of Smith Ridge Road
All of Moore Road
All of Marsh Mill Road
All of Shackelton Point Road
(2) 
None of the above-described uncongested highways shall be open to snowmobiles when storms create a condition of reduced visibility.
(3) 
Enactment of the above provision is pursuant to § 25.09 of the Parks, Recreation and Historic Preservation Law, Designation of highways for use, as amended.
B. 
Unplowed highways. The following Town of Sullivan highways are hereby identified for purposes of identification as customarily unplowed for the purpose of snowmobile operation:
Jackson Hill Road
C. 
Limited operation on highway.
(1) 
Emergency. When authorized or directed by a state or local police office or the Town Supervisor, a snowmobile may be operated on any portion of the highway for the purpose of such emergency as provided by Title D of the Parks, Recreation and Historic Preservation Law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever the operation of a snowmobile is permitted on the shoulder, roadway or inside bank of any Town, street or highway or portion thereof as provided in this chapter or on parks or public lands of the Town of Sullivan, County of Madison, the following conditions and restrictions are hereby imposed to all such snowmobile operations:
A. 
Public or private lands. A snowmobile shall not be operated on any lands owned, occupied by or under the jurisdiction of 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. 
Direction of travel. No person shall operate a snowmobile within the street or highway right of way of the Town of Sullivan, County of Madison, except on the right side of such right of way and in the same direction as the highway traffic. Operation on other public places shall be only in the direction, if any, marked by appropriate route direction signs.
D. 
Unnecessary noise. It shall be unlawful to operate a snowmobile except at special events, sanctioned and approved by the Office of Parks and Recreation, 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, by-pass or any other device to defeat the operation of a muffler in good working condition.
E. 
Financial security. It shall be unlawful for any person to operate a snowmobile on any Town highway or on public lands unless the owner or operator of such snowmobile is insured against public liability and carries with him proof of financial responsibility, such as a certificate of liability insurance of the type, coverage and of the minimum amount as defined and required of owners and operators of motor vehicles 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 either personal injury or damage to property as a result of the operator of such snowmobile by any such owner or operator.
F. 
Unattended snowmobiles. It shall be unlawful for any owner or operator to leave or allow a snowmobile to be left unattended on any Town of Sullivan highway, while the motor is running or with any key for starting the same, left in the ignition or elsewhere in said snowmobile.
G. 
Obedience to vehicular traffic controls. Each person operating a snowmobile on any Town highway 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.
H. 
Age of operator. No person under the age of 16 shall operate a snowmobile on the roadways of the Town of Sullivan or the shoulders thereof.
Any person who shall violate any of the provisions of this chapter shall be subject to a fine not less than $5 and not to exceed the sum of $100. The court may also require the convicted person, as a condition of the sentence in addition to any other penalty, to successfully complete a snowmobile safety course approved by the State Commissioner of Parks, Recreation and Historic Preservation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful to operate a snowmobile on any Town of Sullivan highway described herein or on any portion thereof at a rate of speed greater than reasonable or proper under the surrounding circumstances, but in no case shall the rate of speed on such highways, or any portions thereof, exceed 15 miles per hour.[1]
[1]
Editor's Note: Original § 6, Effective date, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).