[HISTORY: Adopted by the Town Board of the
Town of Thompson 7-7-1981 by L.L.
No. 5-1981 (Ch. 202 of the 2003 Code). Amendments
noted where applicable.]
This chapter shall hereafter be known and cited
as the "Town of Thompson Snowmobile Ordinance."
[Amended 10-21-2003 by L.L. No. 7-2003]
For the purpose of this chapter, the definition
of words, phrases and terms adopted by §§ 21.05 and
1.03 of the Parks, Recreation and Historic Preservation Law or by
rules and regulations of the Office of Parks, Recreation and Historic
Preservation supplemental thereto are incorporated herein.[1]
[1]
Editor's Note: Throughout this chapter, references
to the "Parks and Recreation Law" and "Office of Parks and Recreation"
were amended 10-21-2003 by L.L. No. 7-2003 to read "Parks, Recreation
and Historic Preservation Law" and "Office of Parks, Recreation and
Historic Preservation," respectively.
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
within the Town of Thompson 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 highways and other
lands of the Town compatible with the use for vehicular and pedestrian
travel and other uses.
This chapter is enacted pursuant to the provisions
of Articles 21 and 25 of the Parks, Recreation and Historic Preservation
Law of the State of New York, as enacted by Chapter 660 of the Laws
of 1972, and as amended.
The following Town highway is hereby determined,
identified and designated as customarily unplowed and unused during
the winter months for vehicle travel within the meaning of § 25.05
of the Parks, Recreation and Historic Preservation Law, and snowmobiles
may be operated thereon: that portion of Haddock Road in said Town
commencing at the easterly end of the paved portion thereof and running
easterly to the Rose Valley Road.
Whenever the operation of a snowmobile is permitted on any highway of the Town, as provided by § 198-5 above, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operation:
B.
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, and the snowmobile operator shall be subject to the
other provisions as to operation contained in § 25.03 of
the Parks, Recreation and Historic Preservation Law.
C.
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 10:00 p.m. and 10:00 a.m., except
that on Fridays, Saturdays, Sundays and on legal holidays the prohibited
hours shall be between 10:00 p.m. and 8:00 a.m.
D.
Unnecessary noise. It shall be unlawful to operate
a snowmobile, except at special events sanctioned and approved by
the Office of Parks, Recreation and Historic Preservation, 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 cutout, bypass or any other device to defeat the operation
of a muffler in good working condition.
E.
Financial security. Any owner or operator of a snowmobile
shall comply with the provisions of § 25.13 of the Parks,
Recreation and Historic Preservation Law relative to liability insurance
and financial security and shall be subject to the provisions of § 25.23
of said law as to liability for negligence.
F.
Registration. Each snowmobile shall be registered
as provided in Article 47 of the Vehicle and Traffic Law of the State
of New York.
G.
Obedience to traffic controls. Each person operating
a snowmobile shall observe strictly all signs, signals and markers
erected by any governmental agency with respect to snowmobiles and
vehicular traffic and rules and regulations applicable to vehicular
traffic.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
In addition to any other allowable penalties as set forth in Chapter 1, Article II, General Penalty, of this Code, a person convicted of violating any provision of Article 25 of the Parks, Recreation and Historic Preservation Law may be required to successfully complete a snowmobile safety course, pursuant to § 27.11, Subdivision 2, of the Parks, Recreation and Historic Preservation Law.
This chapter shall take effect when signs and
markers are erected in compliance with rules and regulations of the
State Office of Parks, Recreation and Historic Preservation and/or
the State Department of Transportation, but in no event less than
10 days after posting and publication of notice of the adoption of
the chapter or upon personal service as provided in § 133
of the Town Law.
