[HISTORY: Adopted by the Town Board of the Town of Hamburg 9-26-1977
by L.L. No. 9-1977; amended in its entirety 11-22-1999
by L.L. No. 9-1999. Subsequent amendments noted where applicable.]
By the adoption of this chapter, the Town Board of the Town of Hamburg
declares its intent to regulate the operation of snowmobiles in the Town of
Hamburg.
For the purpose of this chapter, the terms defined herein shall have
the meaning ascribed to them:
To ride in or on, other than as a passenger, use or control the operation
of a snowmobile in any manner, whether or not said snowmobile is in motion.
Every person who operates or is in actual physical control of a snowmobile.
A self-propelled vehicle designed for travel on snow or ice, steered
by skis or runners and supported in part by skis, belts or cleats.
A.Â
No snowmobile shall be operated on a snowmobile trail,
street or highway in the Town of Hamburg unless the owner of such snowmobile
has secured a policy of insurance affording coverage against liability imposed
by law for bodily injury or death, and for property damage to at least the
minimum limits, as required of an owner of an automobile by Article 6 of the
Vehicle and Traffic Law of the State of New York and Article 25 of the Parks,
Recreation and Historic Preservation Law of the State of New York and regulations
promulgated thereunder.
B.Â
The owner of a snowmobile shall maintain proof of financial
security by means of a certificate of insurance indicating compliance with
the minimum coverage requirements of this section. The failure to produce
such certificate of insurance, when required to do so, upon the demand of
a magistrate, police officer or state policeman while such vehicle is being
operated on any street or highway in the Town of Hamburg shall be presumptive
evidence of operating a snowmobile without securing such policy of insurance.
Upon the production of such certificate of insurance, the presumption is removed.
A.Â
It shall be unlawful to operate a snowmobile on the public
streets and highways in the Town of Hamburg, except as provided below:
(1)Â
Emergencies: in an emergency, as so declared by the appropriate
chief executive officer as defined in Paragraph b of Subdivision 1 of § 209-m
of the General Municipal Law, and for the purpose of emergency travel only,
on any public street or highway, during the period of time when and at locations
where snow upon the roadway renders travel by automobile impracticable.
(2)Â
Crossing public streets and highways. Town of Hamburg
snowmobiles may make a direct crossing of the public streets and highways
of the Town of Hamburg, provided that:
(a)Â
The crossing is made at an angle of approximately ninety
degrees to the direction of the highway and at a place where no obstruction
prevents a quick and safe crossing.
(b)Â
The snowmobile is brought to a complete stop before crossing
the shoulder or main traveled way of the highway or any road or highway where
there is a stop sign.
(c)Â
The driver yields the right-of-way to all oncoming traffic
which constitutes an immediate hazard.
(d)Â
If the crossing is made between the hours of sunset and
sunrise or in conditions of reduced visibility, the front and rear lights
are on.
(3)Â
Where the outside or inside bank of a street or highway
is impassable.
(a)Â
Including and in addition to the operations permitted
under this chapter, snowmobiles may be operated on the shoulder and inside
bank or slope of any street or highway within the Town of Hamburg at those
locations where the outside bank of such street or highway is impassable.
(b)Â
Where the inside bank, slope and shoulder are impassable,
snowmobiles may be operated on the roadway.
(c)Â
However, any permission to operate a snowmobile under
this subsection is to extend only from the point on a street or highway where
the outside bank becomes impassable to the nearest exit point from such street
or highway where the outside bank is impassable.
(4)Â
When necessary to cross a bridge or culvert.
B.Â
It shall be unlawful to operate a snowmobile through
or on any snowmobile trails entering or exiting the Town of Hamburg at a speed
in excess of 45 miles per hour.
It shall be unlawful for any reason to operate a snowmobile on the sidewalks
of the Town of Hamburg.
In addition to any penalty contained in any other provisions of law,
any person who shall violate any provision of this chapter shall be guilty
of a violation and be punished by a fine of not more than $250.
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, section
or part thereof directly involved in the controversy in which such judgments
shall have been rendered.
It shall be unlawful for any person to drive or operate a snowmobile
in the following unsafe or harassing way:
A.Â
In a careless, reckless or negligent manner so as to
endanger the person or property of another.
B.Â
On private property without the consent
of the owner or lessee thereof. Any person operating a snowmobile upon lands
of another in violation of this section shall stop and identify himself upon
the request of the landowner, the lessee or the duly authorized representative
of the landowner or the lessee; and, if requested to do so by said landowner
or lessee or representative, he shall promptly remove said snowmobile from
the premises.
