[HISTORY: Adopted by the Town Board of the
Town of Sullivan 1-24-1972 by L.L. No. 1-1972. Amendments noted where
applicable.]
GENERAL REFERENCES
Operation of vehicles — See Ch. 255.
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 of the Town of Sullivan, County of Madison,
in a manner which will be compatible with the use of such highways
and places 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.
For the purpose of this chapter, the following
words, phrases and terms shall have the following meaning:
The entire width between boundary lines of any right of way
or property owned in fee by the Town of Sullivan when any part thereof
is open to the use of the public, as a matter of right, for the purpose
of travel and access.
Includes a county, city, town, village, school district,
fire district and a special or improvement district of a county or
town.
To ride in or on, other then as a passenger, use or control
the operation of a snowmobile in any manner, whether or not said snowmobile
is under way.
Every person who operates or is in actual physical control
of a snowmobile.
That portion of the highway between the drainage ditch and
the outer boundary of the right of way during times when the drainage
ditch is identifiable. When a continuous berm of plowed snow covers
the drainage ditch, the "outside slope" means that portion of the
berm pitching downward and furthest from the plowed portion of the
highway.
A person other than a lien holder having the property in
or title to a snowmobile.
Includes an individual, partnership, corporation, municipal
corporation, the state and its agencies and subdivisions, and any
body of persons, whether incorporated or not.
That portion of the highway which is designed, improved,
paved and ordinarily used for vehicular travel.
That portion of the highway between the roadway and adjacent
drainage ditches, being generally graded to conduct water from the
roadway to the drainage ditches. On unpaved highways the "shoulder"
means the portions of the highway between the centermost 16 feet of
the roadway and the drainage ditch.
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.
An organized race, exhibition or demonstration of snowmobiles
of limited duration which is conducted according to a prearranged
schedule and duly permitted by the State of New York.
The Town of Sullivan in the County of Madison.
Operation of snowmobiles on highways and public ways of the Town of Sullivan shall be subject to the applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law, and the rules, restrictions and conditions set forth in § 213-4 of this chapter.
A.
Uncongested highways; operating on shoulders.
(1)
The following streets or highways of the Town of Sullivan,
Madison County, are hereby designated as uncongested for the purpose
of operation of snowmobiles on the shoulders thereof as authorized
by Title D of the Parks, Recreation and Historic Preservation Law:
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All of Osborne Road
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All of Creek Road
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All of Canaseraga Road
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Harsh Road from Canaseraga Road to Canal
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All of Robinson Road
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Gee Road from New Boston Road to Tag Road
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Tag Road from Gee Road west to Fly or Lakeport
Road
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All of Black Creek Road north of Chestnut Ridge
Road
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All of Weaver Road
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All of Smith Ridge Road
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All of Moore Road
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All of Marsh Mill Road
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All of Shackelton Point Road
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(2)
None of the above-described uncongested highways shall
be open to snowmobiles when storms create a condition of reduced visibility.
(3)
Enactment of the above provision is pursuant to § 25.09
of the Parks, Recreation and Historic Preservation Law, Designation
of highways for use, as amended.
B.
Unplowed highways. The following Town of Sullivan
highways are hereby identified for purposes of identification as customarily
unplowed for the purpose of snowmobile operation:
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Jackson Hill Road
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C.
Limited operation on highway.
(1)
Emergency. When authorized or directed by a state
or local police office or the Town Supervisor, a snowmobile may be
operated on any portion of the highway for the purpose of such emergency
as provided by Title D of the Parks, Recreation and Historic Preservation
Law.
Whenever the operation of a snowmobile is permitted
on the shoulder, roadway or inside bank of any Town, street or highway
or portion thereof as provided in this chapter or on parks or public
lands of the Town of Sullivan, County of Madison, the following conditions
and restrictions are hereby imposed to all such snowmobile operations:
A.
Public or private lands. A snowmobile shall not be
operated on any lands owned, occupied by or under the jurisdiction
of a governmental agency or privately owned, except with the permission
of any such owner or occupant.
B.
Sidewalks. It shall be unlawful to operate a snowmobile
upon a public sidewalk or walkway.
C.
Direction of travel. No person shall operate a snowmobile
within the street or highway right of way of the Town of Sullivan,
County of Madison, except on the right side of such right of way and
in the same direction as the highway traffic. Operation on other public
places shall be only in the direction, if any, marked by appropriate
route direction signs.
D.
Unnecessary noise. It shall be unlawful to operate
a snowmobile except at special events, sanctioned and approved by
the Office of Parks and Recreation, 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 cut-out,
by-pass or any other device to defeat the operation of a muffler in
good working condition.
E.
Financial security. It shall be unlawful for any person
to operate a snowmobile on any Town highway or on public lands unless
the owner or operator of such snowmobile is insured against public
liability and carries with him proof of financial responsibility,
such as a certificate of liability insurance of the type, coverage
and of the minimum amount as defined and required of owners and operators
of motor vehicles by the Vehicle and Traffic Law of the State of New
York. 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 either personal injury or damage to property as a
result of the operator of such snowmobile by any such owner or operator.
F.
Unattended snowmobiles. It shall be unlawful for any
owner or operator to leave or allow a snowmobile to be left unattended
on any Town of Sullivan highway, while the motor is running or with
any key for starting the same, left in the ignition or elsewhere in
said snowmobile.
G.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any Town 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.
H.
Age of operator. No person under the age of 16 shall
operate a snowmobile on the roadways of the Town of Sullivan or the
shoulders thereof.
Any person who shall violate any of the provisions of this chapter
shall be subject to a fine not less than $5 and not to exceed the
sum of $100. The court may also require the convicted person, as a
condition of the sentence in addition to any other penalty, to successfully
complete a snowmobile safety course approved by the State Commissioner
of Parks, Recreation and Historic Preservation.
It shall be unlawful to operate a snowmobile on any Town of
Sullivan highway described herein or on any portion thereof at a rate
of speed greater than reasonable or proper under the surrounding circumstances,
but in no case shall the rate of speed on such highways, or any portions
thereof, exceed 15 miles per hour.[1]
