[HISTORY: Adopted by the Town Board of the Town of Clay 5-1-1978
by L.L. No. 18-1978. Amendments noted where applicable.]
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 in the Town of Clay 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.
The terms, words and phrases used in this chapter shall have the same
meaning as such terms, words and phrases as defined in § 21.05 of
the Parks, Recreation and Historic Preservation Law.
Operation of snowmobiles on highways and public ways of the town and of the County of Onondaga as hereinafter specified shall be subject to the applicable provisions of Articles 21 through 27 of the Parks, Recreation and Historic Preservation Law, the rules and regulations of the Office of Parks, Recreation and Historic Preservation, and the rules, restrictions and conditions set forth in § 191-5 of this chapter.
A.
Streets or highways. Only the following streets or highways
or portions thereof of the town are hereby designated for the purpose of operation
of snowmobiles on the shoulders and inside banks thereof as authorized by
§ 25.05 of the Parks, Recreation and Historic Preservation Law,
which highways shall be identified by posted markers pursuant to §§ 25.05
and 25.09 of the Parks, Recreation and Historic Preservation Law:
B.
Unplowed highways. The following town highways or portions
thereof are hereby designated as customarily unplowed for the purpose of snowmobile
operation as authorized by § 25.05 of the Parks, Recreation and
Historic Preservation Law: none.
C.
Limited operation on highway.
(1)
Emergency use. A snowmobile may be operated on a highway
for the purpose of emergency as authorized by § 25.05 of the Parks,
Recreation and Historic Preservation Law.
(2)
Roadway. A snowmobile may be operated on the roadway
of the following highways or portions thereof described herein, it being hereby
determined that the outside bank or shoulder of such highways or portions
are nonexistent, or by reason of normally prevailing snow conditions and conditions
of terrain are impassable: none.
(3)
Access areas. A snowmobile may be operated on the roadway
of the following portions of town highways solely for the purpose of gaining
access to an area adjacent to such highways in which a snowmobile operation
is authorized: none.
A.
Subject to the restrictions and conditions in § 191-5 of this chapter and the rules and regulations of the Office of Parks, Recreation and Historic Preservation, snowmobiles may be operated only on or along designated and marked trails of the following public parks and places of the town: Clay Park North.
Whenever the operation of a snowmobile is permitted on the shoulder,
roadway or inside bank of any town or county street or highway or portion
thereof as provided in this chapter or on parks or public lands of the town,
the following conditions and restrictions are hereby imposed to all such snowmobile
operations:
A.
Financial security. It shall be unlawful for any person
to operate a snowmobile on any public lands or places of the town unless the
owner or operator of such snowmobile is insured against public liability and
carries with him proof of financial responsibility in the manner prescribed
by the Office of Parks, Recreation and Historic Preservation and of the minimum
amount as provided in Subdivision 1 of § 25.13 of the Parks, Recreation
and Historic Preservation Law. Such proof shall be displayed by the owner
or operator of any snowmobile upon request of any magistrate, any law enforcement
officer, or any person having authority to enforce the provisions of this
chapter, or to any person who has suffered either personal injury or damage
to property as a result of the operation of such snowmobile by any such owner
or operator.[1]
B.
Direction of operation. No person shall operate a snowmobile
within the street or highway right-of-way of the town between sunrise and
sunset 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 marked by appropriate route direction markers.
C.
Unattended snowmobiles. It shall be unlawful for any
owner or operator to leave or allow a snowmobile to be left unattended on
any town or county highway or public place while the motor is running, or
with any key for starting the same left in the ignition or elsewhere in said
snowmobile.
D.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any town or county 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.
A.
Unless otherwise specifically provided, any person who
violates any provision of this chapter, or of any rule, regulation or order
adopted pursuant thereto, shall be guilty of a:
B.
A traffic infraction shall be punishable as provided
in Paragraph (b) of § 1800 of the Vehicle and Traffic Law in the
same manner as if the offense were a violation of the Vehicle and Traffic
Law. A violation shall be punishable as provided in the Penal Law, except
that the maximum fine may not exceed $100.
