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 Hamilton streets and places
in the Village 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 all-terrain vehicles
and minimize detrimental effects of such use on the environment.
For the purpose of this chapter, the words and
phrases used herein are defined as follows:
ACCOMPANY
To be within a reasonable distance of the person accompanied.
ALL-TERRAIN VEHICLE or ATV
Any self-propelled vehicle manufactured for operation primarily
on off-highway trails or off-highway competitions and only incidentally
operated on public highways, provided that such vehicle does not exceed
60 inches in width or 800 pounds dry weight. Included within such
definition are vehicles commonly referred to as dirt bikes, minibikes,
go-carts, dune buggies, trail bikes and mopeds.
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.
VILLAGE
The Village of Hamilton, New York.
Snowmobiles and all-terrain vehicles shall not
be operated on state, county or Village highways except as permitted
under Article 25 of the Parks, Recreation and Historic Preservation
Law of the State of New York, the rules and regulations of the Office
of Parks, Recreation and Historic Preservation, Article 48-C of the
New York Vehicle and Traffic Law and the provisions set forth in this
chapter, as applicable.
A. Emergencies. When authorized or directed by the Mayor,
a snowmobile may be operated on the affected portions of Village streets
for the purpose of a special emergency as authorized by Subdivision
2 of § 25.05 of the Parks, Recreation and Historic Preservation
Law.
B. Sidewalks. The use and operation of a snowmobile or
ATV on any public sidewalk or right-of-way reserved only to pedestrians
is strictly prohibited, except to cross it at approximately right
angles to gain access to property upon which operation is lawful.
The right-of-way, during such crossing, is granted to pedestrians.
The use and operation of snowmobiles and ATVs
is prohibited within any Village park or playground and any public
land in the Village of Hamilton, except where posted for such use
by resolution of the Village Board of Trustees, and then only in conformance
with the terms and conditions stated for such use.
Whenever the operation of a snowmobile or ATV
is permitted on the shoulder of any Village street or portion thereof
as provided by the New York State Parks, Recreation and Historic Preservation
Law and the New York State Vehicle and Traffic Law, or upon any Village
or public land when so designated by the Village, the following additional
conditions and restrictions are hereby imposed on all such operation:
A. Hours of operation. No person shall operate a snowmobile
or an ATV within 200 feet of a dwelling between the hours of 10:00
p.m. and 8:00 a.m.
B. Age of operators on Village streets. No person under
the age of 16 years shall operate a snowmobile or an ATV on any Village
street or public property, except an infant between the ages of 10
years and 16 years 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 or ATV safety certificate,
as applicable.
C. Operation of snowmobiles and ATVs on private property.
No snowmobile or ATV shall be operated upon the private property of
another without the consent of the owner or lessee thereof. Any person
operating a snowmobile or ATV 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 or ATV from the premises.
D. Unattended snowmobiles and ATVs. It shall be unlawful
for any owner or operator to permit any snowmobile or ATV to be left
unattended on any Village 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
or ATV on any Village street at a speed in excess of 10 miles per
hour.
F. Obedience to traffic controls. Each person operating
a snowmobile or ATV on any Village 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.
G. Stopping at certain intersections. It shall be unlawful
for any person to operate a snowmobile or ATV into or through an intersection
of streets or highways which is not controlled by a traffic control
device without first bringing the vehicle to a complete stop and granting
the right-of-way to pedestrians and all other traffic.
H. Position on road. It shall be unlawful to operate
a snowmobile or ATV on a public street or highway in the Village in
any other manner than single file and as near to the right-hand curb
or snowbank as practicable.
I. Direction of operation. No person shall operate a
snowmobile or ATV within the streets or highway right-of-way of the
Village except on the right side of such right-of-way and in the same
direction as the traffic. Permitted operation on other public places
shall be only in the direction, if any, marked by appropriate route
direction markers.
J. Pleasure operating prohibited. Other than on any routes
for snowmobile or ATV use which may be designated hereafter by resolution
of the Board of Trustees, no person shall operate a snowmobile or
ATV on a Village street except for the purpose of gaining access to
permitted snowmobile or ATV trails within or without the Village.
No snowmobile or ATV shall be operated within
the Village unless it is equipped as specified in Article 25 of the
Parks, Recreation and Historic Preservation Law and Article 48-C of
the Vehicle and Traffic Law, respectively, requiring proper brakes,
muffler, headlights and taillights, and other items.
It shall be unlawful for any person to operate,
and any owner thereof to permit to be operated, a snowmobile or ATV
on any street or public land or public place in the Village unless
the owner or operator of such machine is 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. Such proof shall be displayed by the
owner or operator of any snowmobile or ATV 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 child or ward, if under 16 years of age, to operate a snowmobile
or ATV in violation of any provision of this chapter, or any rules
and regulations promulgated hereunder.