The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of snowmobiles on Village highways
and public ways within the Village of Perry in a manner which will promote
their safe and proper use for recreation and commerce, compatible with the
use for vehicular and pedestrian travel and other uses.
This chapter is enacted pursuant to the provisions of the Parks, Recreation
and Historic Preservation Law of the State of New York.
This chapter shall hereafter be known and cited as the "Village of Perry
Snowmobile Local Law."
For the purpose of this chapter the definitions of words, phrases and
terms as set forth in Articles 25 and 27 of the Parks, Recreation and Historic
Preservation Law are incorporated herein.
Operation of snowmobiles on the Village highways and public ways of
the Village of Perry shall be permitted on the shoulders and inside banks
thereof as authorized in § 25.05 of the Parks, Recreation and Historic
Preservation Law, limited, however, to the following highways and public ways:
A. Former railroad right-of-way extending from the west
line of the Village of Perry to South Federal Street.
B. On South Federal Street from the Silver Lake Outlet to
the right-of-way located north of the Public Works Department garages on South
Federal Street.
Whenever the operation of a snowmobile is permitted on any Village highway
or public way as herein provided, the following conditions and restrictions
are hereby established and shall be applicable to all such snowmobile operations:
A. No snowmobile shall be operated on any lands owned or occupied by the Village, except as set forth in §
363-5A and
B.
B. It shall be unlawful to operate a snowmobile on any Village
Highway or public way at a rate of speed greater than reasonable or proper
under the surrounding circumstances, and all other registered motor vehicles
shall have the right-of-way over snowmobiles.
C. It shall be unlawful to operate snowmobiles on any Village
highway or public way between the hours of 12:00 midnight and 7:00 a.m.
D. It shall be unlawful to operate a snowmobile in any manner
which creates loud, unnecessary or unlawful noise which disturbs or interferes
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 cutout, bypass or any
other device to defeat the operation of a muffler in good working condition.
E. It shall be unlawful for any person to operate a snowmobile
on any public lands or places of the Village 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 in the minimum amount 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 the request of any law enforcement officer or any person
having authority to enforce the provisions of this chapter 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 snowmobile by any such owner
or operator.
F. Operators of snowmobiles shall yield the right-of-way
to all other vehicles and pedestrians.
Notwithstanding any other provisions of this chapter, a snowmobile may
be operated anytime, anywhere within the Village under emergency conditions
by a member of the Police or Fire Department or Village employee within the
course and in pursuit of his duties.
Snowmobile travel shall be permitted on any Village streets, roads,
or public highways where such travel thereon is otherwise prohibited, provided
that such snowmobile travel is in connection with a special event sanctioned
by the Village Board.
Violations of this chapter shall be subject to a fine of not more than
$250 or imprisonment for not more than 15 days, or both.