Village of Westfield, NY
Chautauqua County
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[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 1-5-1998 by L.L. No. 1-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and skateboards — See Ch. 69.
Vehicles and traffic — See Ch. 146.
The purpose of this chapter is to protect public health, welfare and safety by regulating the operation of snowmobiles on public highways, sidewalks and public lands in the Village of Westfield in a manner which will be compatible with the use of such highways, sidewalks and public lands 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.
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 of the State of New York, as now defined or may hereafter be defined.
B. 
Whenever the word "Village" is used herein, it shall mean the Village of Westfield, New York.
Operation of snowmobiles on highways, sidewalks and public lands within the corporate boundaries of the Village shall be subject to the applicable provisions of Articles 21 through 27 of the Parks, Recreation and Historic Preservation Law, the rules and regulations promulgated by the Office of Parks, Recreation and Historic Preservation, together with the rules, restrictions and conditions set forth in this chapter.
It shall be unlawful, except as provided in § 126-5 of this chapter, for any person to drive or operate any snowmobile on, over or across any public way or public lands, highways, roads, streets, avenues, alleys, public places, public driveways, parks, sidewalks or other property of or owned by the Village.
A snowmobile may be operated on the public streets or highways of the Village only under the following conditions:
A. 
Emergency. In an officially declared snow emergency in the Village for the purpose of emergency travel only, during the period of time when, and at locations where, snow upon the highways renders travel by automobiles impractical, as so declared and permitted by the Mayor of the Village, the Westfield Police Department or other authorized person. A snowmobile may also be operated on a street or highway in the Village in emergency situations when the specified travel for a specific purpose is authorized or directed by a state or local police officer, highway superintendent or executive office of a county, town or village.
B. 
Road crossings. Snowmobiles may take a direct crossing across streets and highways in the Village, as authorized by § 25.05 of the Parks, Recreation and Historic Preservation Law.
C. 
Special events. Snowmobiles may be operated on roadways in the Village at times and in places relating to organized special events, as defined in § 25.11 of the Parks and Recreation and Historic Preservation Law and as authorized by the New York State Commissioner of the Office of Parks and Recreation.
D. 
Roadways.
(1) 
A snowmobile may be operated on the roadway of the following Village streets or portions thereof described herein:
(a) 
North Gale Street.
(b) 
South Gale Street.
(c) 
Martin Wright Road.
(d) 
Bliss Street.
(e) 
Union Street.
(f) 
Spring Street.
(g) 
Grove Street.
(h) 
Cass Street from East Main Street to Clark Street.
(i) 
Clark Street.
(j) 
East Pearl Street.
(k) 
Pearl Street.
(l) 
Clinton Street.
(m) 
English Street.
(n) 
Bourne Street.
(o) 
Lake Avenue.
(p) 
Nichols Avenue.
(2) 
Roadways not designated in § 126-5D(1) may be traveled only for the purpose of traveling directly to or from a designated roadway.
Whenever the operation of a snowmobile is permitted in the Village as provided in this chapter, the following conditions and restrictions are hereby imposed on all such snowmobile operations:
A. 
Nuisance. No person shall operate a snowmobile on public or private lands at such hours, in such places or in such a manner as to disturb the quiet or peace of the people or to interfere with or damage personal property or cause personal injury.
B. 
Financial security. It shall be unlawful for any person to operate a snowmobile on any public lands or places of the Village unless the owner or operator of such snowmobile is insured against public liability and carries with him proof of financial responsibility in the manner prescribed by the office of parks and recreation and of the minimum amount as provided in Subdivision 2 of § 25-13 of the Parks, Recreation and Historic Preservation Law. 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 owner or operator.
C. 
Unattended snowmobiles. It shall be unlawful for any owner or operator to leave or allow a snowmobile to be left unattended in operational mode or with keys in ignition on any Village highway or public place.
D. 
Obedience to vehicular traffic controls. Each person operating a snowmobile on any Village highway shall observe 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.
E. 
Direction of operation. No person shall operate a snowmobile on a street or highway within the Village except upon the right side of such street or highway and in the same direction as the highway traffic. Operation on other public places shall be only in the direction marked by appropriate route direction markers.
F. 
Age of operator. No person under the age of 16 years shall operate a snowmobile within the Village, except that a person 10 years of age but less than 16 years of age who has received safety training as prescribed by the Commissioner and has received the appropriate snowmobile safety certificate issued by the Commissioner may operate a snowmobile in the same manner as a person who is 16 years of age or older.
G. 
Speed limit. No person shall operate a snowmobile within the Village at a speed greater than the posted speed limit or at a speed that is greater than is reasonable and prudent for prevailing current conditions.
H. 
Parking. No person shall park or be allowed to park a snowmobile on the Village streets between the hours of 2:00 a.m. and 6:00 a.m. from November 1 through April 1.
I. 
Sidewalks. No person shall operate a snowmobile on the outside bank of the roadway when said outside bank is a sidewalk or maintained right-of-way at a speed greater than that necessary to maintain forward motion.
J. 
Right-of-way. When operation on outside banks is necessary, pedestrians and crossing motor vehicles will be given absolute right-of-way, and the operator of the snowmobile shall stop or slow in such a manner as to clearly evidence his or her intent of giving the right-of-way.
Any person found guilty of conduct prescribed by this chapter shall be sentenced pursuant to § 27.11 of the New York State Parks and Recreation and Historic Preservation Law, to wit:
A. 
For a traffic infraction, if such person is found guilty of violating a provision of this chapter which relates to traffic as specified in § 155 of the Vehicle and Traffic Law, the penalties shall be as stipulated in Article 45, § 1800, of the Vehicle and Traffic Law.
B. 
For a violation or any other offense not included in Subsection A above:
(1) 
A term of imprisonment authorized by Article 70 of the New York State Penal Law, to wit: A sentence of imprisonment for a violation shall be a definite sentence, and when such a sentence is imposed, the term shall be fixed by the court and shall not exceed 15 days; or
(2) 
A fine authorized by § 27.11 of the Parks, Recreation and Historic Preservation Law, to wit: A sentence to pay a fine for a violation shall be a sentence to pay an amount fixed by the Court, not exceeding $100; or
(3) 
Both imprisonment and a fine, as specified above.
Modifications and amendments to this law as required may take effect only by resolution of the Village Board of Trustees.