[Adopted 11-16-1995 by L.L. No. 2-1995 (Ch. 172 of the 1994
Code)]
The purpose of this article is to protect the public health,
welfare and safety by regulating the operation of snowmobiles on public
highways and places of the Town of Lowville in a manner which will
be compatible with the use of such highways and places for vehicular
and pedestrian travel and other uses, which will promote the proper
and safe use and operation of snowmobiles for recreation and commerce
and which will minimize the detrimental effects of such use upon the
environment.
As used in this article, unless the context requires otherwise,
the following definitions shall be applicable:
BANK
A mound, pile or ridge of snow on the edge of a highway accumulated
from natural snowfall or by snowplowing operations.
COMMISSIONER
The Commissioner of Parks, Recreation and Historic Preservation
of the state.
COUNTY
The County of Lewis, New York.
HIGHWAY
The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular traffic.
INSIDE BANK
The portion of a snowbank immediately adjacent to the shoulder
of the roadway.
OPERATE
To ride in or on, other than as a passenger, or use or control
the operation of a snowmobile in any manner, whether or not said snowmobile
is under way.
OPERATOR
Every person who operates or is in actual physical control
of a snowmobile.
OUTSIDE
The portion of a snowbank outside the crest thereof and farthest
removed from the roadway.
OWNER
Any person having title to a snowmobile. If a snowmobile
is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not, after delivery
of such snowmobile, be deemed an owner within the provisions of this
section, but the vendee or his assignee, upon receipt of possession
thereof, shall be deemed such owner, notwithstanding the terms of
such contract, until the vendor or his assignee shall retake possession.
A person holding only a security interest in a snowmobile shall not
be deemed an "owner" unless such person also has possession of such
snowmobile.
ROADWAY
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the shoulder.
SHOULDER
That portion of a highway which lies outside the paved or
unpaved roadway immediately adjacent to the portion of the roadway
which may be used by motor vehicles.
SNOWMOBILE
A 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.
STATE
The State of New York.
TOWN
The Town of Lowville in Lewis County, New York.
No person shall drive or operate a snowmobile on a highway within
the Town unless it is equipped with the required headlight, taillight,
brakes, reflector material and muffler as defined by and in accordance
with the minimum standards of § 25.17 of the Parks, Recreation
and Historic Preservation Law of the State of New York.
Every peace officer, police officer, conservation officer in
the Department of Environmental Conservation and employees of the
Office of Parks, Recreation and Historic Preservation as may be designated
by the Commissioner shall enforce the provisions of this article.
Such enforcement officer shall be authorized to issue appearance tickets,
or in lieu thereof, uniform appearance tickets and simplified traffic
information, for any violation of this article.
Except as provided in § 27.11 of the Parks, Recreation and Historic Preservation Law with respect to offenses against traffic regulations, any offense against the provisions of this article shall be deemed a violation pursuant to the Penal Law of the State of New York, punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both, and each day that a violation is continued shall constitute a separate and distinct offense. Notwithstanding the foregoing, however, a violation of §
168-7 of this article shall be subject to the penalties as set forth in §
168-7E of this article. Notwithstanding the foregoing penalties, the court which renders the conviction of any person for violation of this article may, in its discretion, impose such other penalty or penalties as it deems appropriate, which may be provided for in case of a violation of any of the provisions of the Parks, Recreation and Historic Preservation Law of the state. In the event of such other penalty, the fees and penalties imposed by such court shall be disposed of as provided for by § 27.13 of the Parks, Recreation and Historic Preservation Law.