[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.]
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.
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.
