[HISTORY: Adopted by the Town Board of the Town of Livonia 2-18-1971
by L.L. No. 2-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 135.
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of snowmobiles within the Town of Livonia
in a manner which will promote their safe and proper use for recreation and
commerce, minimize detrimental effects of such use on the environment and
permit use of the highways and other lands of the town compatible with the
use of vehicular and pedestrian travel and other uses.[1]
[1]
Editor's Note: Original Section 2, which immediately followed this section and which gave the legislative authority for adoption of this chapter as Article 8 of the Conservation Law, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Said Article 8 was repealed by L. 1972, c. 661, and statutory provisions concerning snowmobiles are now found In Title D of the Parks, Recreation and Historic Preservation Law.
This chapter shall hereafter be known and cited as the "Town of Livonia
Snowmobile Local Law."
A.
Operation on shoulders of uncongested highways. All town highways of the Town of Livonia, except those specifically enumerated in Subsection B of this section, are hereby designated as uncongested and safe for snowmobile travel, and snowmobile travel and operation on the shoulders thereof is hereby permitted subject to the rules, restrictions and conditions set forth in § 117-5 hereof and applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law.
C.
Limited operations on closed roads.
(1)
Notwithstanding the provisions of Subsection B of this section, snowmobile traffic shall be permitted on the town highways designated in Subsection B, in case of snow emergency when and as so declared by the Town Supervisor, and, in addition, snowmobile travel on such highways and roads declared closed by Subsection B of this section shall be permitted for emergency purposes only when the specific travel for a specific purpose is authorized or directed by a state policeman, town police officer or an officer of a volunteer fire company acting in an official capacity or by the Town Highway Superintendent.
(2)
Snowmobile traffic shall be permitted on closed highways or roads as enumerated in Subsection B of this section, for the purpose of making a crossing of a bridge or culvert or to cross a road or highway for the purpose of gaining access to or connecting portions of snowmobile trails divided by the highway when such road markers in such a manner as may be provided by the Rules and Regulations of the State Department of Transportation and/or the Office of Parks and Recreation.
(3)
On closed highways as enumerated in Subsection B of this section, snowmobiles may be operated on the slopes or areas outside the guardrails, if any, or on the back side of snow embankments, but nothing herein is intended to permit travel on private lands without the owner's consent if such permitted areas are outside the road or highway right-of-way.
D.
Special access areas. Notwithstanding the provisions of Subsection B of this section, snowmobile travel shall be permitted on the following portions of such town highways, which are hereby declared to be access areas, provided that the portions of such highways where travel on the roadway for such limited access is permitted are identified by appropriate identifying road markers:
(1)
On Rix Hill Road from Blank Road to Hemlock Park for
the entire distance thereof.
E.
Unplowed roads. The following town highways are hereby
determined and identified as unplowed roads, unused during the winter months
for automobile travel:
(1)
Big Tree Road from County Road No. 56 (Federal Road to
State Road Route 15A).
[Amended 4-1-1971]
F.
Operation on roadways of uncongested highways. In addition to travel on the shoulders of the highway or road as implemented and authorized by Subsection A of this section, a snowmobile may be operated on the roadway or inside bank of the following enumerated town highways, it being hereby determined that, as to such highways, the slopes or areas outside the guardrails or on the back side of the snow embankments are nonexistent or impassable, provided that the portions of such highways where travel on the roadway or inside bank is hereby permitted are identified by appropriate identifying road markers: all town roads.
Whenever the operation of a snowmobile is permitted on any highway of the town as provided by § 117-4, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operation:
A.
Public and private lands. No snowmobile shall be operated
on any lands owned or occupied by a governmental agency or privately owned,
except with the permission of any such owner or occupant.
B.
Sidewalks. It shall be unlawful to operate a snowmobile
upon a public sidewalk or walkway.
C.
School areas. No snowmobile shall be operated within
500 feet of any property occupied and used as a school between the hours of
8:00 a.m. and 5:00 p.m., except during school vacations periods.
D.
Quiet zones. No snowmobile shall be operated at any time
within 500 feet of property occupied and used as a hospital, sanitorium, nursing
home or rest home.
E.
Speed limit. It shall be unlawful to operate a snowmobile
on any town highway described herein or on any portion thereof at a rate of
speed greater than reasonable or proper under the surrounding circumstances.
F.
Prohibited operating hours. It shall be unlawful to operate
snowmobiles on any town highway described herein or on any portion thereof
between the hours of 12:00 midnight and 8:00 a.m.
G.
Unnecessary noise. It shall be unlawful to operate a
snowmobile, except at special events, sanctioned and approved by the Office
of Parks and Recreation, in any manner which creates loud, unnecessary or
unusual noise so as to disturb or interfere 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 cut-out, bypass or any other device to defeat
the operation of a muffler in good working condition.
H.
Financial security. It shall be unlawful for any person
to operate a snowmobile on any road or highway within the town unless such
person is insured against public liability and carries with him proof of financial
responsibility, such as a certificate of liability insurance of the type,
coverage and of the minimum amount as defined and required of owners and operators
of motor vehicles by the Vehicle and Traffic 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 snowmobile by any such owner or operator.
I.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any road or highway within the town 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.
Negligence in the use or operation of a snowmobile is attributable to
the owner. Every owner of a snowmobile used or operated in this town shall
be liable and responsible for death or injury to person or damage to property
resulting from negligence in the use of or operation of such snowmobile by
any person using or operating the same with the permission, express or implied,
of such owner; provided, however, that such operator's negligence shall not
be attributed to the owner as to any claim or cause of action accruing to
the operator or his legal representative for such injuries or death.
Failure to comply with any of the provisions of this chapter shall be
deemed a violation, and the violator shall be liable to a fine as provided
in § 27-11 of the Parks, Recreation and Historic Preservation Law.
