[HISTORY: Adopted by the Board of Trustees of the Village of Fair Haven 12-14-1998 by L.L. No. 3-1998 (superseding former Ch. 25 of the 1970 Code, Snowmobiles, adopted 6-22-1970, as amended). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 96.
Peace and good order — See Ch. 100.
Vehicles and traffic — See Ch. 139.
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of snowmobiles and all-terrain vehicles on Village of Fair Haven streets in a manner which will be 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 the snowmobiles and all-terrain vehicles and minimize detrimental effects of such use on the environment. It is further intended herein that the use of snowmobiles and all-terrain vehicles as herein allowed shall be for the purpose of gaining access from a permissible area to another, and not for "pleasure operating."
A. 
The terms, words and phrases used in this chapter shall have the same meanings as such terms, words and phrases as defined in the New York State Parks, Recreation and Historic Preservation Law and the New York State Vehicle and Traffic Law.
B. 
Whenever the word "Village" is used herein it shall mean the Village of Fair Haven.
C. 
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE OR ATV
Any self-propelled vehicle which is manufactured for sale for operation primarily on off-highway trails or off-highway competitions and only incidentally operated on public highways, providing that such vehicle does not exceed 60 inches in width, or 800 pounds dry weight.
PUBLIC LANDS
All property located within the Village of Fair Haven owned by the United States of America, the State of New York or one of its political subdivisions.
SHOULDER
That portion of highway immediately adjacent to the right side of a roadway which is customarily used for emergency travel and parking.
SNOWMOBILE
Any self-propelled vehicle designed for travel on snow and ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.
A. 
Snowmobile operation on Village streets shall be subject to the applicable provisions of Article 25 of the New York State Parks, Recreation and Historic Preservation Law, the rules and regulations of the Office of Parks and Recreation, and the rules, restrictions and conditions set forth in this chapter.
B. 
All-terrain vehicle operation on Village streets shall be subject to the applicable rules and regulations of the New York State Department of Motor Vehicles, and any and all restrictions and conditions set forth by this chapter.
C. 
Whenever the operation of a snowmobile or all-terrain vehicle is permitted as provided by the New York State Parks, Recreation and Historic Preservation Law and the New York State Vehicle and Traffic Law, the following conditions and restrictions are hereby imposed on all such snowmobile and all-terrain vehicle operations:
(1) 
License and registration. No snowmobile or ATV shall be operated within the Village limits without a current license and valid registration from the State of New York, with the registration numbers displayed in accordance with the laws of New York State.
(2) 
Insurance.
(a) 
It shall be unlawful for any person to operate a snowmobile or all-terrain vehicle in the Village unless the owner or operator of such vehicle insured against public liability and carries with him proof of financial responsibility in the manner prescribed by the Office of Parks and Recreation and of the minimum amount as provided in the Parks, Recreation and Historic Preservation Law of the State of New York.
(b) 
Such proof shall be displayed by the owner or operator of any vehicle 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 operation of such vehicle by any such owner or operator.
(3) 
Age. No person under the age established by Title D of the Parks, Recreation and Historic Preservation Law of New York State (PRHPL) shall operate a snowmobile or all-terrain vehicle on any Village street. All other conditions of operation set forth in the PRHPL shall be strictly complied with for such operation in the Village of Fair Haven.
(4) 
Speed limit. No person shall operate a snowmobile or ATV at a speed in excess of 20 miles per hour within the Village limits. A violation of this subsection shall be subject to fines and penalties prescribed by the Vehicle and Traffic Law of the State of New York.
(5) 
Unattended snowmobiles or ATV. It shall be unlawful for any owner or operator to leave or allow a snowmobile or ATV to be left unattended on any Village street while the motor is running, or with any key for starting the same in the ignition or elsewhere in said snowmobile or ATV.
(6) 
Hours of operation. No person shall operate snowmobiles or ATV's on any Village street or trail between the hours of 12:00 midnight and 6:00 a.m., at a speed greater than the minimum required to maintain forward movement of the snowmobile.
(7) 
Impaired condition. It shall be illegal to operate a snowmobile or ATV while being impaired by alcohol or drugs, and shall be subject to fines and penalties prescribed by the State of New York.
(8) 
Noise. Snowmobiles and ATV's shall be operated within the Village limits at a noise level that does not interfere with someone's quiet enjoyment. The operation of all snowmobiles and ATV's shall require the vehicles to have installed and operating a noise abatement device designed to decrease noise from the engines.
(9) 
Emergencies. When authorized or directed by the Mayor or by emergency personnel, a snowmobile and/or ATV may be operated on any portion of the public highways for the purpose of a special emergency as authorized by Subdivision 2 of § 25.05 of the Parks, Recreation and Historic Preservation Law.
A. 
Public lands and trails.
(1) 
The use and operation of snowmobiles and all-terrain vehicles is prohibited on any public lands in the Village of Fair Haven. A violation of this subsection shall be punishable by a fine of $100 for the first offense and $200 for each subsequent offense.
(2) 
Notwithstanding the prohibition set forth in Subsection A(1), the use and operation of snowmobiles shall be permitted on established marked trails on public lands within the Village of Fair Haven. Any violation of this subsection shall be punishable by a fine of $100 for the first offense and $200 for each subsequent offense.
(3) 
Snowmobiling within the Village limits shall be restricted to said marked trails, with the exception of accessing said trails from the user's place of residence directly to marked trails by the shortest distance possible.
(4) 
The use of all other motorized vehicles, except snowmobiles, shall be prohibited from operation on established and designated snowmobile trails within the limits of the Village of Fair Haven.
B. 
Pleasure operating. There shall be no pleasure operating of snowmobiles or ATV's within the Village. Trails are provided to keep peace and good order within the Village and provide the snowmobiles with a means of obtaining their necessities, with the least problems to them and the residents. Any deviation from the marked trails for other than access to and from residence shall be subject to fines of $100 for first offense, and $200 for each subsequent offense.
C. 
Sidewalks. Operation of snowmobiles and ATV's on any sidewalk within the Village limits is strictly prohibited, punishable by fines and penalties of $100 for the first offense and $200 for each subsequent violation, as well as being liable for any and all damages.
D. 
Operation of snowmobiles and ATV's on private property. No snowmobile or ATV shall be operated upon the property of any private property owner for the purpose of entering, remaining in, or leaving the Village without the express consent of the owner of said property. No snowmobile or ATV shall be operated on private property within the Village limits without the consent or permission of the owner or occupant of said property, except that arrest shall be subject to said owner or occupant filing a sworn complaint prior to arrest with the enforcement agency.
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:
(1) 
Traffic infraction, if such provision, law, rule, regulation or order is one which regulates traffic as specified in § 155 of the Vehicle and Traffic Law, but does not relate to snowmobiles.
(2) 
Violation, for any other offense.
B. 
A traffic infraction shall be punishable as provided in Subdivision (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 for the first offense may not exceed $100; the fine for the second and subsequent offense(s) may not exceed $200.
Should any portion whatsoever of this chapter be held invalid or unenforceable for any reason, by any court of competent jurisdiction, such portion shall be deemed severable, but only to the extent of such holding, and such holding shall not affect the remaining portions thereof.
This chapter shall take effect immediately upon filing with the Secretary of State.