[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.
The Supervisor.
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:
|
Name of Street
|
Location
|
|---|---|
|
Crane Road
[Added 12-18-1972] |
From the intersection of Crane Road and Cross Road to the Town
line of the Town of Horseheads
|
|
Cross Road
|
From Crane Road to Watercure Hill Road
|
|
Draht Hill Road
|
From Monkey Run Road to Hardscrabble Road
|
|
Greatsinger Road
[Added 12-18-1972] |
Entire length
|
|
Gunderman Road
|
From Draht Hill Road to its terminus
|
|
Hardscrabble Road
|
From Draht Hill Road to the Town line
|
|
May Road
|
From Jerusalem Hill Road to its terminus
|
|
Monkey Run Road
|
From Jerusalem Hill Road to the Town line
|
|
Stermer Road
|
From Watercure Hill Road to its terminus
|
|
Stiles Road
|
From Draht Hill Road to Jerusalem Hill Road
|
|
Windswept Road
|
From Draht Hill Road to its terminus
|
A.Â
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.
B.Â
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.
C.Â
It shall
be unlawful for any person to drive or operate any snowmobile in the
following unsafe or harassing ways:
(1)Â
Imprudent speed: at a rate of speed greater than reasonable or proper
under the surrounding circumstances.
(2)Â
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.
(3)Â
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.
(4)Â
Lights: between sunset and sunrise or when lights are required for
safety without displaying at least one lighted headlight and taillight.
(5)Â
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.
(6)Â
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.
