[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 11-14-1989 by L.L. No. 10-1989. 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 village
highways within the Village of Dundee in a manner which will promote
their safe and proper use for recreation and commerce, compatible
with the use for vehicular and pedestrian travel and other uses.
This chapter is enacted pursuant to the provisions of Article
8 of the Conservation Law, as enacted by Chapter 459 of the Laws of
1970.
This chapter shall hereafter be known and cited as the "Village
of Dundee Snowmobile Local Law."
For the purpose of this chapter, the definitions of words, phrases
and terms adopted by § 80-105 of the Conservation Law or
by the rules and regulations of the Office of Parks and Recreation
supplemental thereto are incorporated herein.
A.
Snowmobile travel and operation on the shoulders of all village highways
is hereby permitted subject to the rules, restrictions and conditions
set forth herein.
B.
In addition to snowmobile travel and operation on the shoulders of
village highways, a snowmobile may be operated on the roadways or
inside bank of village highways whenever the shoulders, slopes or
areas outside the guardrails or on the back side of the snow embankments
are nonexistent or impassable, provided that such travel and operation
can be made without endangering or interfering with other vehicular
traffic.
C.
No person shall operate a snowmobile within the village highway right-of-way,
including the roadway, shoulders, banks and slopes thereof, except
on the right side of the center line of the roadway and in the same
direction as the highway traffic or the nearest lane of the roadway
adjacent thereto.
Whenever the operation of a snowmobile is permitted on any village
highway as herein provided, the following conditions and restrictions
are hereby established and shall be applicable to all such snowmobile
operations:
A.
No snowmobile shall be operated on any lands owned or occupied by
the village, except the village highways.
B.
It shall be unlawful to operate a snowmobile on any village highway
at a rate of speed greater than reasonable or proper under the surrounding
circumstances, and all other registered motor vehicles shall have
the right-of-way over snowmobiles.
C.
It shall be unlawful to operate snowmobiles on any village highway
between the hours of 12:00 a.m. and 7:00 a.m. except for entering
the village to return home.
D.
It shall be unlawful to operate a snowmobile in any manner which
creates loud, unnecessary or unlawful noise which disturbs or interferes
with the peace and quiet of other persons or in any other manner which
constitutes a public nuisance or a noise or injures or endangers the
health, safety, comfort or repose of the public. No person shall use
a muffler cutout, bypass or any other device to defeat the operation
of a muffler in good working condition.
E.
It shall be unlawful for any person less than 16 years of age to
operate a snowmobile on any village highway, except to the extent
and in the manner otherwise permitted by the Conservation Law in respect
to a snowmobile crossing a highway. All streets are open for snowmobile
travel within the Village of Dundee for the purpose of leaving or
reentering the village only. Streets shall not be used for the purpose
of recreation.
F.
It shall be unlawful for any person to operate a snowmobile on any
village highway unless such person is insured against public liability
in an amount not less than $10,000 per person and $20,000 per accident
for bodily injury and not less than $5,000 per accident for property
damage. Such person must carry with him proof of such financial responsibility
in said amounts, such as a certificate of liability insurance of the
type 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 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.
Failure to comply with any of the provisions of this chapter
shall be deemed a violation, and the violator shall be liable to a
fine of not more than $250 or 30 days' imprisonment, except where
penalties established by statute apply.
