[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:
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.
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.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power.
The trail through the woods which runs from Route 3 to the
North Bay campground.
A.Â
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]
B.Â
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.
C.Â
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]
(1)Â
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.
(2)Â
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.
(3)Â
No snowmobile shall be operated on the concrete pads of the pavilion
and surrounding the tourism center.
(4)Â
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.
A.Â
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.
B.Â
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.
