[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage 8-11-2003 by L.L. No. 2-2003.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 27.
Streets and sidewalks — See Ch. 74.
Vehicles and traffic — See Ch. 85.
[1]
Editor's Note: This local law also repealed former Ch. 71, Snowmobiles
and Motorbikes: Art. I, Operation on Sidewalks or Private Property, adopted
11-24-1969; as amended; Art. II, Snowmobile Operation on Streets and Public
Lands, adopted 1-13-1975 by L.L. No. 1-1975, as amended.
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 in the Village 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 safe and proper use of snowmobiles for recreation and
commerce and minimize detrimental affects of such use on the environment.
A.
The terms, words and phrases used in this chapter shall
have the same meaning as such terms, words and phrases are defined in § 21.05
of the Parks, Recreation and Historic Preservation Law.
B.
Whenever the word "Village" is used herein, it shall
mean the Village of West Carthage.
C.
For the purposes of this chapter, the words "vehicle,"
"owner," and "operate," and all other words contained herein shall have the
meanings ascribed to them in the Vehicle and Traffic Law of the State of New
York.
A.
No person shall operate or shall allow another person
to operate a snowmobile, motorcycle, motorbike, or any other motor vehicle
upon the sidewalks in the Village, or upon the private property of any persons
other than the operator of said snowmobile, motorbike, or other motor vehicle
at any time without the permission of said Village or the owners of said premises,
respectively, except in an emergency situation.
B.
The operation of snowmobiles shall be allowed on all
Village streets only for the purpose of traveling to and from or on the designated
trail or designated parking areas from residential, properties in the Village
of West Carthage. Said Village streets, other than those sections designated
as part of the trail, shall not be used for operation other than for such
ingress and egress purposes. Operation shall not be on the snowbanks, but
rather shall be with the flow of traffic on the right shoulder of the highway
at a speed not to exceed 25 miles per hour.
Whenever the operation of a snowmobile is permitted on the shoulder
of any Village street or highway or a portion thereof, as provided in this
chapter, or on parks or public lands of the Village, the following conditions
and restrictions are hereby imposed on all such snowmobile operations:
A.
Prohibited operating hours. No person shall operate a
snowmobile between the hours of 12:00 midnight and 7:00 a.m.
B.
Safety. All snowmobiles will have proper safety equipment
as required by regulations and laws of New York State.
C.
Operation by youthful operators.
[Amended 12-19-2005 by L.L. No. 6-2005]
(1)
Age of operation. No person under 18 years of age shall operate
a snowmobile except as provided for in this subsection.
(a)
No person under the age of 14 years shall operate a snowmobile
except upon land owned or leased by his or her parent or guardian. Leased
lands as used in this section shall not include lands leased by an organization
of which said operator or his or her parent or guardian is a member.
(b)
A person 10 years of age or older but less than 14 years of age
who holds a valid snowmobile safety certificate issued by the Commissioner
may operate a snowmobile on any lands upon which snowmobiling is allowed if
accompanied by a person over 18 years of age. For the purpose of this section,
"accompanied" shall mean within 500 feet of the person over 18 years of age.
(c)
A person 14 years of age or older but less than 18 years of age,
who either holds a valid snowmobile safety certificate issued by the Commissioner
or is accompanied by a person over 18 years of age, may operate a snowmobile
in the same manner as a person over 18 years of age.
(2)
Exhibition of certificate. The failure of a person specified in Subsection C(1) of this section to hold a snowmobile safety certificate issued by the Commissioner to exhibit such upon demand to any magistrate, peace officer acting pursuant to his or her special duties, police officer, or other person having authority to enforce the provisions of this chapter shall not be an offense but shall be presumptive evidence that such person is not the holder of such certificate.
(3)
Authorization. No owner of a snowmobile shall authorize or permit
the operation of his or her snowmobile within the state by any person in violation
of the provisions of this section.
(4)
Responsibility for operation by minors.
(a)
No owner or other person in possession of any snowmobile shall
authorize or knowingly permit any person under 18 years of age to operate
such a snowmobile in violation of the provisions of any local law or ordinance.
(b)
No parent or guardian shall authorize or knowingly permit his
or her child or ward, if under 18 years of age, to operate a snowmobile in
violation of the provisions of any local law or ordinance.
D.
Financial security. All owners of snowmobiles operating
on any said Village highway shall carry at least minimum liability insurance
as required by the State of New York for operation of motor vehicles on said
highways to insure against loss from the liability imposed upon said owner
and/or operator by law for damages, including damages for care and loss of
services, because of bodily injury to or death of any person and injury to
or destruction of property arising out of the ownership, maintenance, use,
or operation of such snowmobile within the State of New York.
E.
Unattached snowmobiles. It shall be unlawful for any
owner or operator to leave or allow a snowmobile to be left unattended on
any Village 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.
F.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any Village 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.
G.
Speed limit. In addition to existing traffic signs, no
person shall operate a snowmobile at a speed in excess of 25 miles per hour.
The trail is designated as the corner of Route 126 and South Main Street
in the Village of West Carthage and from said corner to the trailhead located
on South Main Street in the Village of West Carthage, from said trailhead
as marked to the Village limits. Operation on said trail shall be with the
flow of traffic at all times.
A.
Operation of a snowmobile on Village streets is only
permissible when the trail is open. Weather permitting, the trail shall be
open from the day in the second week of December following the end of black
powder deer hunting season (December 8 will be the earliest) until the first
of April each year. Even during these periods, the trail may be closed if
there is no snow or if there is no liability insurance provided by Missing
Link Snowmobile Club.
B.
To the extent not inconsistent with the Code of the Village
of West Carthage, operation of snowmobiles on the highways and public ways
of the Village of West Carthage shall be subject to the applicable provisions
of New York State law; particularly, but not exclusively, said operation shall
be subject to the applicable provisions of Titles D and E of the Parks, Recreation
and Historic Preservation Law and the rules and regulations of the Commissioner
of Parks, Recreation and Historic Preservation.
Any person committing an offense against the provisions of this chapter
shall, upon conviction thereof, be punishable for each offense by a fine not
to exceed $250 or by imprisonment for not more than 15 days, or both.
