[HISTORY: Adopted by the Town Board of the Town of Greenwich 5-10-2005
by L.L. No. 1-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 180.
[1]
Editor's Note: This local law was adopted as Ch. 164, but was
renumbered to fit into the organizational structure of the Code.
The purpose of this chapter is to protect the public health, safety,
and welfare by regulating the operation of snowmobiles on public highways
and on public lands, which includes designated trails open to the public in
the Town of Greenwich, so that all snowmobiles are operated in a manner which
will be compatible with the use of such highways 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.
Generally prohibited. It shall be unlawful, except as provided in § 164-5
of this chapter, for any person to drive or operate any snowmobile on, over,
or across any public highway or public trail. Further, for purposes of this
chapter, it is hereby determined that outside banks and shoulders of all public
roadways and highways are nonexistent by reason of the fact that they are
impassable due to normally prevailing snow conditions and terrain in the Town
of Greenwich.
As used in this chapter, the following terms shall have the meanings
indicated:
The entire width between the boundary or right-of-way lines of any
way or place when any part thereof is open to the use of the public as a matter
of right for the purpose of vehicular traffic, including all highways designated
as seasonal limited-use highways and minimum maintenance roads.
To ride in or on, other than as a passenger, or use or control the
operation of a snowmobile in any manner, whether or not said snowmobile is
underway.
Every person who operates or is in actual physical control of a snowmobile.
Any person having title to a snowmobile. If a snowmobile is sold
under a contract of conditional sale whereby the title remains in the vendor,
such vendor or his assignee shall not, after delivery of such snowmobile,
be deemed an owner within the provisions of this section, but the vendee or
his assignee, upon receipt of possession thereof, shall be deemed such owner
notwithstanding the terms of such contract, until the vendor or assignee shall
retake possession. A person holding only a security interest in a snowmobile
shall not be deemed an owner unless such person also has possession of such
snowmobile.
A self-propelled vehicle designed for travel on snow or ice, steered
by skis or runners and supported in whole or in part by one or more skis,
belts or cleats.
A way designated as open to the public for snowmobiling.
An organized rally, race, exhibition or demonstration of limited
duration, which is conducted according to a prearranged schedule and in which
general public interest is maintained.
It shall be unlawful for any person to drive or operate any snowmobile
in the following unsafe or harassing ways:
A.
Imprudent speed: at a rate of speed greater than reasonable
or proper under the surrounding circumstances. At no time shall the rate of
speed exceed 55 mph.
B.
Reckless operation: in a careless, reckless or negligent
manner so as to unreasonably endanger the person or property of another or
to cause injury or damage thereto.
C.
Intoxication and drugs: while in an intoxicated condition
or under the influence of narcotics or drugs as defined by § 114-a
of the Vehicle and Traffic Law.
D.
Lights:
(1)
Between sunset and sunrise, or when lights are required
for safety, without displaying at least one headlight and taillight; or
(2)
Operating other than as an emergency vehicle and displaying
one or more lighted red or combination red and white lights which are revolving,
rotating, flashing, oscillating, or constantly moving.
E.
Railroad tracks: on the tracks or right-of-way of an
operating railroad.
F.
Plantings: in any tree nursery or planting in a manner
which damages or destroys growing stock, or creates a substantial risk thereto.
G.
On the lands of another: on private property without
the consent of the owner or lessee thereof. Any person operating a snowmobile
upon lands of another in violation of this section shall stop and identify
himself upon the request of the landowner, his duly authorized representative
or lessee, and, if requested to do so by said landowner, representative or
lessee, shall promptly remove said snowmobile from the premises.
H.
Towing a sleigh, sled, or toboggan: towing a sleigh,
sled, or toboggan, by a snowmobile, unless attached by a rigid support, connection
or towbar.
I.
Failure to stop and yield: in any place at any time,
failing to stop and yield to an authorized ambulance, civil defense or police
snowmobile or police vehicle being operated as an emergency vehicle and approaching
from any direction.
J.
Failure and refusal to comply: in any place at any time,
failing or refusing to comply with any lawful order or direction of any police
officer or other person duly empowered to enforce all laws of the state relating
to snowmobiles.
K.
Speeding prohibited: Snowmobiles operating in the Town/village shall under no circumstance exceed any posted speed limit when operating on any snowmobile trail or highway designated as open to snowmobiling in § 161-5 of this chapter. In addition, snowmobiles shall always be operated at a speed which is reasonable and proper under existing circumstances as determined by any peace or police officer.
L.
Obedience to vehicular traffic controls: Each person
operating a snowmobile on any Town/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.
M.
Hours of operation: No person shall operate a snowmobile
within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m. at a speed
greater than the minimum required to maintain forward movement of the snowmobile.
(Note: To make this more objective and thus more enforceable a community could
add a particular speed limit here, provided that if they do so they note that
this act supersedes NYS Parks, Recreation and Historic Preservation Law § 25.05.)
A snowmobile may be operated on the public highways and public lands
in the Town of Greenwich only under the following conditions:
A.
Snowmobile trails: Snowmobiles may be operated on snowmobile
trails open to the public as so designated under the Parks, Recreation and
Historic Preservation Law of the State of New York, or as designated by the
Town Board from time to time in a manner consistent with provisions of this
chapter and all other county or state laws relating to the operation of snowmobiles.
B.
Emergencies: Snowmobiles may be operated for the purpose
of emergency travel only on all highways in the Town of Greenwich, during
the period of time when and at locations where snow upon the highways renders
travel by motor vehicles impractical as so declared and permitted by the chief
executive officer of the Town of Greenwich, or when the specific travel for
a specific purpose is authorized or directed by a peace or police officer
or other duly recognized emergency personnel.
C.
Highway crossings: Snowmobiles may be operated so as
to take a direct crossing of a highway at any time of the day, provided that
the crossing is made at an angle approximately 90° to the direction of
the highway, at a place where no obstruction prevents a quick and safe crossing,
the snowmobile is brought to a complete stop before crossing the main traveled
way of the highway, and the driver yields the right-of-way to all oncoming
traffic.
D.
Culverts and bridges: Snowmobiles may be operated on
highways when necessary to cross a bridge or a culvert for a distance not
to exceed 500 yards.
E.
Highways open for snowmobiling: A snowmobile may be operated
on those highways or sections of highways in the Town of Greenwich as designated
by resolution of the Board. Such designations will be posted in the Town Clerk's
office and published in the official paper of the Town. Such resolution shall
be adopted prior to September 1 each year when necessary to open highways
to snowmobiling or to change the status of highways previously opened to snowmobiling.
F.
Special events: Snowmobiles may be operated at special
events in a manner consistent with this chapter, or in a manner as defined
in Parks, Recreation, and Historic Preservation Law and upon authorization
by the New York State Commissioner of Parks, Recreation, and Historic Preservation.
A.
No snowmobile shall be operated on a highway or public
lands, which includes snowmobile trails designated as open to the public in
the Town of Greenwich, unless the owner of such snowmobile has secured a policy
of insurance affording coverage against liability imposed by law for bodily
injury or death, and for property damage, to at least the minimum limits as
required by the provisions of § 25.13 of the Parks, Recreation,
and Historic Preservation Law of the State of New York and regulations promulgated
thereunder.
B.
The owner of a snowmobile shall maintain proof of financial
security by means of a certificate of insurance indicating compliance with
the minimum coverage requirements of this section. The failure to produce
such certificate of insurance, when required to do so, upon the demand of
a magistrate, police officer, or state policeman while such vehicle is being
operated on any highway (including a trail designated as open to the public)
in the Town of Greenwich shall be presumptive evidence of operating a snowmobile
without securing such policy of insurance. Upon the production of such certificate
of insurance, the presumption is removed.
C.
This section specifically supersedes those provisions
of § 25.13(1) of the New York State Parks, Recreation and Historic
Preservation Law by requiring liability insurance for operation on trails
and outside banks,
A.
Age of operator:
(1)
No person under the age of 10 years shall operate a snowmobile
except upon lands owned or leased by his/her parent or guardian, unless (s)he
is accompanied by a person over 18 years of age or a person over 16 years
of age who holds a snowmobile safety certificate as issued by the Commissioner
of the New York State Office of Parks, Recreation, and Historic Preservation.
"Leased lands" as herein used shall not include lands leased by an organization
of which said operator or his/her parent or guardian is a member.
(2)
A person under 10 years of age may operate a snowmobile when accompanied by a person specified in Subsection A(1) on trails or highways designated for snowmobile use by the Town of Greenwich. A person under 10 years of age shall not operate a snowmobile elsewhere on or across a highway at any time.
B.
Snowmobile safety certificate: A person 10 years of age
but less than 18 years of age who has received safety training as prescribed
by the Commissioner of the New York State Office of Parks, Recreation, and
Historic Preservation and has received the appropriate snowmobile safety certificate
issued by said Commissioner may operate a snowmobile in the same manner as
a person who is 16 years of age or older.
C.
Exhibition of certificate: The failure of such a youthful
operator to exhibit a snowmobile safety certificate upon demand to any magistrate
or any other officer 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.
D.
Prohibit unlawful operation: No owner of a snowmobile
shall authorize or permit the operation thereof within the state by any person
in violation of the provisions of this section.
A.
In addition to any penalty contained in any other provisions
of law, any person who shall violate any provision of this chapter shall be
guilty of a violation and shall be punished by a fine of not more than $250
and/or 15 days in jail. (The Town could have an escalating fine for second
or third violations committed within a specified period of time.)
B.
A notice of violation may be issued by any state police
officer, county sheriff, Town/village police officer or constable, conservation
officer, parks and recreation officer, or by any other law enforcement official
or other person so designated by the Town of Greenwich. Such authorized individual
may initiate a violation by service of an appearance ticket.
Negligence in the use or operation of a snowmobile shall be attributed
to the owner. Every owner of a snowmobile used or operated in the Town of
Greenwich or in this state shall be liable and responsible for death or injury
to a person or damage to property resulting from negligence in the use or
operation of such snowmobile by any person using or operating the same with
the permission, express or implied, of such owner; provided, however, that
such operator's negligence shall not be attributed to the owner as to
any claim or cause of action accruing to the operator or his legal representative
for such injuries or death,
A.
With respect to injuries arising from the operation of
snowmobiles, no civil action shall be maintained against the Town of Greenwich
or an officer thereof in charge of highway supervision and maintenance, for
damages or injuries to person or property sustained by reason of any highway,
bridge, street, sidewalk, crosswalk or culvert being defective, out of repair,
unsafe, dangerous, or obstructed, unless prior written notice of such defective,
unsafe, dangerous, or obstructed condition on such highway, bridge, or culvert
was actually given to the municipal agent, officer, or employee authorized
by § 311 of the Civil Practice Law and Rules to receive service
or to the chief municipal officer in charge of highway supervision and maintenance,
and there was a failure or neglect within a reasonable time thereafter to
repair or remove the defect, danger, or obstruction complained of. No such
action shall be maintained for damages or injuries to person or property sustained
solely due to conditions caused by snow and/or ice removal, or the nonremoval
thereof, from highways designated as open to snowmobiles in the Town of Greenwich.
B.
The municipal officer in charge of highway supervision
and maintenance and any other municipal agent, officer, or employee designated
to receive service of process shall transmit in writing to the clerk of the
municipal body involved, within 24 hours or as soon as practical after the
receipt thereof, all written notices received by him pursuant to this section.
C.
This section is included to clarify the application of
§ 71-b of General Municipal Law in the Town of Greenwich.
