[HISTORY: Adopted by the Town Board of the Town of Elmira 11-30-1972. Amendments noted where applicable.]
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 Elmira 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.
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.
- A mound, pile or ridge of snow on the edge of a highway accumulated from natural snowfall or by snowplowing operations.
- EXECUTIVE OFFICER
- The Supervisor.
- GOVERNMENTAL AGENCY
- The Town of Elmira.
- 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 under way.
- Every person who operates or is in actual physical control of a snowmobile.
- That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder.
- That portion of a highway which lies outside the paved or unpaved roadway immediately adjacent to the portion of the roadway which may be used by motor vehicles.
- 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.
Except as provided in § 25.05 of the Parks, Recreation and Historic Preservation Law, only the following streets and highways of the Town are hereby designated as uncongested for the purpose of operation of snowmobiles on the shoulders and inside banks thereof:
General regulations. No person shall operate a snowmobile within the Town of Elmira in a manner contrary to the applicable provisions of the Parks, Recreation and Historic Preservation Law of the State of New York.
Operating hours. No person shall drive or operate snowmobiles on any Town highway between the hours of 12:00 midnight and 6:00 a.m.
It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways:
Imprudent speed: at a rate of speed greater than reasonable or proper under the surrounding circumstances.
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.
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.
Lights: between sunset and sunrise or when lights are required for safety without displaying at least one lighted headlight and taillight.
On lands of another: on private property, without the consent of the owner or lessor thereof. Any person operating a snowmobile upon lands of another in violation of this subsection shall stop and identify himself upon the request of the landowner or his duly authorized representatives, and, if requested to do so by said landowner, shall promptly remove said snowmobile from the premises.
Snowmobiles towing a sleigh, sled or toboggan: the towing of a sleigh, sled or toboggan, unless attached by a rigid support, connection or towbar.
Any person who violates any provision of this chapter shall be guilty of a violation and the violator shall be liable to a fine which may not exceed $250.
This chapter shall take effect 10 days after its publication and posting as provided for by § 133 of the Town Law; provided, however, that no snowmobile shall be operated under the provisions hereof until such time as signs and markers are installed or constructed in accordance with the provisions of the Parks, Recreation and Historic Preservation Law.