[HISTORY: Adopted by the Common Council of the City of Fulton 1-21-1986; amended in its entirety 5-15-2001 by L.L. No. 3-2001 (Ch. 169 of the 1991 Code). Subsequent amendments noted where applicable.]
The Common Council of the City of Fulton hereby finds and determines that the use of motorized recreational vehicles on City property, especially in municipal parks and in municipal parking lots, causes irreparable harm and damage to said property and poses a significant risk to the safety and welfare of persons using said property.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- CITY PROPERTY
- Any and all real property now owned, or hereafter acquired, by the City of Fulton, which is situate within the corporate limits of the City of Fulton.
- MOTORIZED RECREATIONAL VEHICLES
- Every device in or by which any person or property is or may be transported, moved or drawn, except devices actually moved solely and exclusively by human power, and which device is used for recreational purposes. The term "motorized recreational vehicles" is specifically intended to include, but not to be limited to, such devices as three-wheelers, four-wheelers, minibikes, motorcycles, go-carts, snowmobiles and all other similar devices.
- MOTOR VEHICLES
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.
- NORTH BAY NATURE TRAIL
- The trail through the woods which runs from Route 3 to the North Bay campground.
It shall be considered a violation of this chapter for any person to operate or cause to be operated any motorized recreational vehicle on any City property, except in emergency situations as determined by the Mayor, and except as permitted in § 25.05, Subdivision 3, of the Parks, Recreation and Historic Preservation Law of the State of New York, regarding highway crossings, and except as defined in Subsection C herein.
[Amended 3-5-2002 by L.L. No. 3-2002]
It shall also be considered a violation of this chapter for any person to operate or cause to be operated any motorized recreational vehicle or motor vehicle on the North Bay Nature Trail.
Subject to the following restrictions, snowmobiles may be operated in the area known as "Bullhead Point" off West Broadway (New York State Route 3) and also may be operated along the southern side of said road to connect Bullhead Point with the existing trail system at the City boundary:
[Added 3-5-2002 by L.L. No. 3-2002; amended 3-2-2010 by L.L. No. 2-2010]
This exception is intended to allow loading and unloading of snowmobiles for access to the lake and trails which connect to it. It is also intended to allow operation of snowmobiles along the southern side of West Broadway (New York State Route 3) to connect Bullhead Point with the existing trail system at the City boundary.
Except for purposes of ingress and egress, no snowmobiles shall be operated within 25 feet of any road pavement, unless they are being operated along the southern side of West Broadway (New York State Route 3) between Bullhead Point and the existing trail system at the City boundary.
No snowmobile shall be operated on the concrete pads of the pavilion and surrounding the tourism center.
By permitting snowmobiles to be used and operated in the above-described areas, the City accepts no duty or responsibility for any and all injuries sustained to person or property by the use and operation of said snowmobiles. The responsible persons of said snowmobiles, as defined in § 613-4, are deemed to have assumed the risk for any and all injuries to persons or property sustained by the use and operation of said snowmobiles, and said responsible persons shall indemnify the City for all monetary damages incurred by them due to the use or operation of said snowmobiles, and said responsible persons shall be strictly liable for said damages.
The owner and/or all of the persons in possession or control of the motorized recreational vehicle or motor vehicle shall be deemed jointly and severally responsible for each and every violation of any of the provisions of this chapter.
The City Police Department is hereby designated as the enforcing agency for this chapter.
The violation of any of the provisions of this chapter shall be deemed to be a violation and shall be punishable by a fine not to exceed $250 and/or imprisonment not to exceed 15 days.
The failure of the City to take action against either the owner or the persons in possession or control of the motorized recreational vehicle or motor vehicle for a violation shall not be deemed to be a waiver of the City's right to enforce the provisions of this chapter for subsequent violations.
No officer, agent or employee of the City of Fulton shall render himself liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter.
[Added 3-2-2010 by L.L. No. 2-2010]
For special events, the prohibitions of this chapter may be waived by either Mayoral proclamation or Council resolution. Any such waiver shall be specific as to dates and places.