[HISTORY: Adopted by the Town Board of the
Town of Webster 12-7-2006 by L.L. No. 4-2006. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 210.
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
on streets and places in the Town of Webster in a manner compatible
with the use of such streets for vehicular and pedestrian travel and
other uses, and which will promote the safe and proper use of snowmobiles
and minimize detrimental effects of such use on the environment.
All and any prior ordinances and local laws
regulating the operation of snowmobiles within the Town of Webster
are hereby repealed and superseded by this chapter.
For the purpose of this chapter, the word and
phrases used herein are defined as follows:
- ACCOMPANY
- To be within a reasonable distance of the person accompanied.
- SHOULDER
- That portion of a highway immediately adjacent to the right side of a roadway, customarily used for emergency travel and parking.
- SNOWMOBILE
- Any 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.
- TOWN
- The Town of Webster, New York.
A.
Snowmobiles shall not be operated on state, County
or Town highways or streets except as permitted under Article 25 of
the Parks, Recreation and Historic Preservation Law of the State of
New York and the rules and regulations of the Office of Parks, Recreation
and Historic Preservation of the State of New York, as applicable.
B.
Emergencies. When authorized or directed by the Supervisor
or Deputy Supervisor, a snowmobile may be operated on the affected
portions of Town streets for the purpose of a special emergency as
authorized by Subdivision 2 of § 25.05 of the Parks, Recreation
and Historic Preservation Law of the State of New York.
The use and operation of snowmobiles is strictly
prohibited within any Town park, any playground and any other public
land in the Town of Webster, except where posted for such permissive
use by and through resolution of the Town Board, and then only in
conformance with the terms and conditions stated for such use.
The use and operation of a snowmobile within
the Town on any sidewalk is strictly prohibited.
Whenever the operation of a snowmobile is permitted
on the shoulder of any Town street or portion thereof as provided
by the New York State Parks, Recreation and Historic Preservation
Law or upon any Town or public land when so designated by the Town,
the following additional conditions and restrictions are hereby imposed
on all such operation:
A.
Hours of operation. Any other section of this chapter
not withstanding, no person shall operate a snowmobile on public roads
within the Town of Webster between the hours of 1:00 a.m. and 8:00
a.m., except to cross such roads for continued access to designated
snowmobile trails.
B.
Age of operators on Town streets. No person under
the age of 18 years shall operate a snowmobile on any Town street
or public property, except when accompanied by and under the control
and supervision of a parent or legal guardian, and in such event such
youthful operator must possess a New York State snowmobile safety
certificate, as applicable.
C.
Operation of snowmobiles on private property. No snowmobile
shall be operated upon the private property of another. Any person
operating a snowmobile upon the lands of another in violation of this
subsection shall stop and identify himself upon the request of the
landowner, his duly authorized representative or lessee, and, if requested
to do so by said landowner, representative or lessee, shall promptly
remove said snowmobile from the premises.
D.
Unattended snowmobiles. It shall be unlawful for any
owner or operator to permit any snowmobile to be left unattended on
any Town street or public property while the motor is running or with
the key for starting left in the ignition or other accessible position
on the vehicle.
E.
Speed limit. No person shall operate a snowmobile
on any Town street at a speed in excess of 25 miles per hour.
F.
Careless or negligent operation. It shall be unlawful
to operate a snowmobile in a careless, reckless or negligent manner
so as to endanger the safety of any person or the property of any
other person.
G.
Obedience to traffic controls. Each person operating
a snowmobile on any Town highway or street 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 officer or other law enforcement officer
authorized to direct or regulate traffic.
H.
Stopping at certain intersections. It shall be unlawful
for any person to operate a snowmobile into or through an intersection
of streets or highways without first bringing the vehicle to a complete
stop and granting the right-of-way to pedestrians and all other traffic.
I.
Position on road. It shall be unlawful to operate
a snowmobile on a public street or highway in the Town except on the
right side of the right-of-way, traveling in single file, and persons
shall not ride tandem or abreast of each other and shall travel on
the right side of the road in the same direction as the flow of vehicular
traffic with the snowmobile running lights on.
J.
Pleasure operating prohibited. Other than on any routes
for snowmobile use which may be designated hereafter by resolution
of the Town Board, no person shall operate a snowmobile on a Town
street except for the purpose of gaining access to permitted snowmobile
trails within or without the Town.
K.
Interference with snowplows. No snowmobile shall be
operated or left unattended in any manner that would interfere with
the operation of snowplows in plowing the streets or sidewalks of
the Town.
L.
Protective helmets. No person shall operate or ride
upon a snowmobile unless he or she wears a protective helmet of a
type approved by the Commissioner of Motor Vehicles for use in the
operation of motorcycle equipment pursuant to the Vehicle and Traffic
Law, such helmet to be equipped with either a neck or chin strap and
be reflectorized on both sides thereof.
M.
Damage to land or improvements. No snowmobile shall
be operated upon any bare earth or upon such earth lacking three inches
of snow, or more, so as to cause any lasting depression, digging up
or disturbance of such earth, nor shall any snowmobile be operated
over, though or between any growth on such earth including but not
limited to trees, shrubbery, landscaping, flower beds or plantings
of any kind. Damage to driveways shall be prohibited.
N.
Snowmobiles prohibited in certain areas. No snowmobile
shall be operated in any of the following areas: North Ponds Park
or any Town park or upon the trails therein, or the lands purchased
by the Town of Webster pursuant to its Open Space Land Preservation
Program Plan.
No snowmobile shall be operated within the Town
unless it is equipped, as specified in Article 25 of the Parks, Recreation
and Historic Preservation Law of the State of New York, with proper
brakes, muffler, head and tail lights, and other items.
Pedestrians and all other motor vehicles, including
snowplows, shall have the right-of-way over all snowmobiles operated
within the Town of Webster.
It shall be unlawful for any person to operate,
and any owner thereof to permit to be operated, a snowmobile on any
street or public land or public place in the Town unless the owner
or operator of such machine is insured against public liability and
carries with him or her proof of financial responsibility in the manner
prescribed by and of the minimum amount as provided in Article 25
of the Parks, Recreation and Historic Preservation 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 or claims to have suffered either personal
injury or damage to property as a result of the operation of such
vehicle by any such owner or operator. The failure to produce such
proof shall be presumptive evidence of operating the vehicle without
insurance against public liability.
No parent or guardian shall authorize or knowingly
permit his or her child or ward who is under the age of 16 years to
operate a snowmobile in violation of any provision of this chapter,
or any rules and regulations promulgated hereunder.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgments shall
have been rendered.
A.
Any person, firm or corporation violating or permitting
the violation of any provision of this chapter shall be guilty of
a violation and shall be subject to a fine of not less than $100 nor
more than $500 or to imprisonment of not more than 15 days, or both
such fine and imprisonment.
B.
In the case of a second or subsequent violation, the
court may order seizure of said vehicle or conveyance in lieu of any
fine and/or imprisonment. Any vehicle or conveyance which is confiscated
pursuant to this section will be sold at public auction according
to the appropriate procedures and laws affecting public auctions by
municipalities.
C.
In the case of a third or subsequent violation, any
person, firm or corporation violating or permitting the violation
of any of such provisions of this chapter shall be guilty of a misdemeanor
and shall be subject to a fine of not less than $500 nor more than
$1,000 or to imprisonment of not more than one year, or both such
fine and imprisonment.
D.
In addition, any and all persons, firms or corporations
violating or permitting a violation of any of the provisions of this
chapter or omitting or refusing to do any act required by this chapter,
shall be severally, for each and every violation and noncompliance
respectively, liable for a civil penalty of $250. The imposition of
all penalties for any violation of this chapter shall not excuse the
violation or permit it to continue. The application of the above penalties
or the provisions of this chapter shall not be held to prevent the
enforcement of this chapter by other action.
[Amended 6-17-2010 by L.L. No. 5-2010]
Enforcement of a violation of this chapter shall
be initiated by appearance ticket. The following individuals are authorized
to issue appearance tickets for the enforcement of this chapter: State
Police Officer, County Sheriff or Deputy, Webster Town Police Officer,
Town of Webster Code Enforcement Official, or by any other law enforcement
officer or other person so designated by the Town Board of the Town
of Webster.
This chapter shall take effect immediately upon
adoption and shall thereafter be filed with the Secretary of State
pursuant to the provisions of the Municipal Home Rule Law of the State
of New York.
