[HISTORY: Adopted by the Town Board of the Town of Johnstown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2004 by L.L. No. 1-2004]
Terms, words and phrases used in this article shall have the
same meaning as such terms, words and phrases have as defined in § 21.05
of the Parks, Recreation and Historic Preservation Law of the State
of New York. As used in this article, Town refers to the Town of Johnstown.
A.
It shall be lawful to operate a snowmobile on the following Town
highways in the Town of Johnstown:
B.
Whenever authorized or directed by a state or local police officer,
a snowmobile may be operated on any other Town road or on any portion
of the highway for the purpose of an emergency, as authorized by Parks,
Recreation and Historic Preservation Law § 25.05.
The operation of snowmobiles on designated highways and public
ways of the Town shall be subject to the applicable provisions of
Article 25 of the Parks, Recreation and Historic Preservation Law
of the State of New York and the rules, regulations, restrictions
and conditions set forth herein.
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 article, the following conditions and restrictions
are hereby imposed on all such snowmobile operations, in addition
to those requirements set forth in the Parks, Recreation and Historic
Preservation Law:
A.
Prohibited operating hours. No person shall operate a snowmobile
on any Town highway between the hours of 9:00 p.m. and 7:00 a.m.,
except that on Fridays and Saturdays, the prohibited hours shall be
between 12:00 midnight and 7:00 a.m. No person under the age of 16
years shall operate a snowmobile on any Town highway unless he or
she is accompanied by a person over 18 years of age.
B.
Financial security. It shall be unlawful for any person to operate
a snowmobile on any Town highway unless the owner or operator of such
snowmobile is insured against public liability and carries with him
proof of such financial responsibility, such as a certificate of liability
insurance of the type, coverage and 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 or claims to
have suffered either personal injury or damage to property as a result
of the operation of such snowmobile by such owner or operator.
C.
Direction of operation. No person shall operate a snowmobile within
the street or highway right-of-way of the Town between sunset and
sunrise, except on the right side of such way and in the same direction
as the highway traffic. Operation in other public places shall be
only in the direction, if any, marked by appropriate route direction
markers.
D.
Unattended snowmobiles. It shall be unlawful for any owner or operator
to leave or allow a snowmobile to be unattended on any Town highway
while the motor is running or with any key for starting the same left
in the ignition or elsewhere in said snowmobile.
E.
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any Town highway shall observe strictly all vehicular
signs and signals and all other rules and regulations applicable to
vehicular traffic and shall obey orders and directions of any state
or local police officer or other law enforcement officer authorized
to direct or regulate traffic.
No snowmobile shall be operated on any Town highway until such
time as the signs and markers for such highway are installed or constructed
in accordance with the requirements of the Parks, Recreation and Historic
Preservation Law of the State of New York.
Failure to comply with any of the provisions of this article
shall be deemed a violation and the violator shall be liable to a
fine of not less than $25 nor more than $50 for a first offense; for
a second offense, by a fine of not less than $50 nor more than $100
or by imprisonment of not more than 10 days; and for the third or
any subsequent offense within one year, by a fine not to exceed $250
or by imprisonment not to exceed 30 days, or by both such fine and
imprisonment. In addition to the aforesaid penalties, the Town Board
of the Town of Johnstown may institute any proper action, suit or
proceeding to prevent, restrain, correct or abate any violation of
this article.
The Supervisor of the Town or the Highway Superintendent, and
their designees, are hereby authorized at any time to close any street
or part thereof in the Town of Johnstown to the operation of snowmobiles,
which operation, in the judgment of such official, may constitute
a safety or health hazard.
