[HISTORY: Adopted by the Town Board of the Town of Horseheads 12-15-1971
as L.L. No. 2-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 196.
The purpose of this chapter is to protect the public health, welfare
and safety by regulating the operation of snowmobiles on public highways and
places of the Town of Horseheads in a manner which will be compatible with
the use of such highways and places for vehicular and pedestrian travel and
other uses and which will promote the safe and proper use of snowmobiles for
recreation and commerce and minimize detrimental effects of such use on the
environment.
Operation of snowmobiles on highways and public ways of the town shall
be subject to the applicable provisions of Title D of the Parks, Recreation
and Historical Preservation Law and the rules, restrictions and conditions
set forth in this chapter.
Only the streets or highways of the town designated by the Town Board
from time to time are hereby designated as uncongested for the purpose of
operation of snowmobiles on the shoulders thereof as authorized by § 25.05
of the Parks, Recreation and Historical Preservation Law.
When authorized or directed by a state police officer or county sheriff
or Town of Horseheads Code Enforcement Officer, Highway Superintendent or
other authorized emergency personnel, a snowmobile may be operated on any
portion of the highway for the purpose of an emergency as authorized by § 25.05
of the Parks, Recreation and Historical Preservation Law.
Except as provided in § 158-4, the operation of snowmobiles on any other public parks and places of the town is hereby expressly prohibited.
Whenever the operation of a snowmobile is permitted on the shoulder,
roadway of any town street or highway or portion thereof as provided in this
chapter, the following conditions and restrictions are hereby imposed to all
such snowmobile operations:
A.
Prohibited operating hours. No person shall operate snowmobiles
on any town highway between the hours of 11:00 p.m. and 7:00 a.m.
B.
Financial security. It shall be unlawful for any person
to operate a snowmobile on any town highway or on public lands thereof unless
the owner or operator of such snowmobile 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 snowmobiles as stated in § 25.13
of the Parks, Recreation and Historical Preservation 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 snowmobile owner
or operator.[1]
C.
Direction of operation. No person shall operate a snowmobile
within the street or highway right-of-way of the town between sunrise and
sunset except on the right side of such right-of-way and in the same direction
as the highway traffic. Operation on other public places shall be only in
the direction, if any, marked by appropriate route direction markers.
D.
Unattended snowmobile. It shall be unlawful for any owner
or operator to leave or allow a snowmobile to be left unattended on any town
highway or public place while the motor is running or with any key for starting
the same left in the ignition or elsewhere in said snowmobile.
E.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any town highway 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 and shall otherwise comply with the applicable provisions of Title
D of the Parks, Recreation and Historic Preservation Law of the State of New
York.[2]
F.
No person shall operate a snowmobile as herein stated
under the age of sixteen (16) years.
G.
A snowmobile operated pursuant to this chapter shall
have its headlights and tail lights on at all times during operation.
H.
No snowmobile shall be operated within one thousand (1,000)
feet of any school or hospital zone.
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 of not less
than five dollars ($5.) nor more than one hundred dollars ($100.).
This chapter shall take effect immediately upon its filing in accordance
with the provisions of § 27 of the Municipal Home Rule Law; provided,
however, that no snowmobile shall be operated under the provisions hereof
until such time as the signs and markers are installed or constructed in accordance
with Title D of the Parks, Recreation and Historic Preservation Law and the
rules and regulations of the New York State Office of Parks and Recreation
and the Department of Transportation.
