[HISTORY: Adopted by the Town Board of the Town of Webster 12-7-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
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and any prior ordinances and local laws regulating the operation of snowmobiles within the Town of Webster are hereby repealed and superseded by this chapter.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:
- To be within a reasonable distance of the person accompanied.
- That portion of a highway immediately adjacent to the right side of a roadway, customarily used for emergency travel and parking.
- 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.
- The Town of Webster, New York.
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.
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:
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.
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.
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.
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.
Speed limit. No person shall operate a snowmobile on any Town street at a speed in excess of 25 miles per hour.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.