[Adopted 3-18-1985 by L.L. No. 1-1985]
A.
The restrictions upon and the regulations governing the operation
and maintenance of snowmobiles, dog sleds, parasail rides and other
such instruments or uses within the limits of the Village of Lake
Placid are hereby established for the purpose of protecting the public
health, general welfare and safety of the inhabitants of and visitors
to the Village of Lake Placid; to protect and preserve the Village's
natural resources, including its waters and scenic and aesthetic character;
and to afford the opportunity for compatible enjoyment of various
recreational activities within the Village by regulating the operation
and uses of snowmobiles, dog sleds, parasail rides, and other such
instruments or uses in a manner which will promote their safe and
proper use for recreation and commerce, minimize detrimental effects
of such use on the environment and restrict the use of the highways
and other lands within the Village compatible with the use for vehicular
and pedestrian travel and other uses.
B.
The body of water known as Mirror Lake, located within the Village
of Lake Placid, is internationally renowned for its beauty, tranquility
and cleanliness, as well as its great recreational value. Historically,
and to this date, use of the lake by private owners and commercial
operators alike has generally been responsible and prudent, and the
Village of Lake Placid Board of Trustees has regulated certain uses
of Mirror Lake. However, future commercial uses of the lake, the nature
and character of which are not wholly known at this time, pose the
potential for significant harm to Mirror Lake and the Village of Lake
Placid and its citizens unless said uses are comprehensively regulated.
C.
The purpose of this article is to protect the unique quality and
resources of Mirror Lake for the benefit of the Village of Lake Placid
and its citizens, while providing for reasonable uses which will not
be injurious to the lake's value and resources.
This article is enacted pursuant to the Municipal Home Rule
Law, the General Municipal Law, the Village Law and the Parks, Recreation
and Historic Preservation Law of the State of New York.
For the purpose of this article, the following definitions of
words, phrases and terms shall apply:
A snowmobile designated as such, in writing, and filed with
the Commissioner by the chief executive officer of any duly organized
volunteer ambulance company, fire department, or paid fire department,
operated by a member thereof and equipped with emergency lights, as
provided in the New York State Parks, Recreation and Historic Preservation
Law.
A snowmobile designated as such, in writing, and filed with
the Commissioner by the chief executive officer of a municipality
and operated by a member of a civil defense organization of the municipality
and equipped with emergency lights, as provided in the New York State
Parks, Recreation and Historic Preservation Law.
A snowmobile operated by a police or other peace officer
while engaged in the performance of his official duties within the
area of his territorial jurisdiction and equipped with emergency lights
as provided in the New York State 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.
Any use or activity conducted by any person for pecuniary
gain.
The State Commissioner of Motor Vehicles.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The forward portion of the snowmobile usually surrounding
the motor and clutch assembly.
A person engaged in the business of selling snowmobiles at
wholesale or retail.
The Mayor.
Any agency of the State of New York and all municipalities
within the state.
The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular traffic.
The portion of a snowbank immediately adjacent to the shoulder
of the roadway.
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.
The operation or parking of an authorized ambulance, police
or civil defense snowmobile, including attendant equipment, displaying
one or more lighted, red or combination red or white lights which
is a revolving, rotating, flashing, oscillating or constantly moving
light and which snowmobile is engaged in transporting a sick or injured
person, pursuing an actual or suspected violation of the law or responding
to, or working or assisting at the scene of an accident, disaster,
police call, alarm or other emergency but shall not include returning
from such service.
Every person who operates or is in actual physical control
of a snowmobile.
The portion of a snowbank outside the crest thereof and farthest
removed from the roadway.
Any person having title to a snowmobile. If a snowmobile
is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not, after delivery
of such snowmobile, be deemed an owner within the provisions of this
section, but the vendee or his assignee, upon receipt of possession
thereof, shall be deemed such owner notwithstanding the terms of such
contract, until the vendor or his assignee shall retake possession.
A person holding only a security interest in a snowmobile shall not
be deemed an owner unless such person also has possession of such
snowmobile.
Any individual, corporation, partnership, association or
other legal entity.
The act of assigning a registration number to 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.
A certificate issued by the Commissioner evidencing that
the holder thereof has successfully completed an approved course of
instruction in snowmobile operation and safety as provided in the
New York State Parks, Recreation and Historic Preservation Law.
An organized rally, race, exhibition or demonstration of
limited duration which is conducted according to a prearranged schedule
and in which general public interest is manifested.
The Board of Trustees of the Village of Lake Placid shall adopt
rules and regulations relating to the use of snowmobiles to carry
out the purposes and policy of this article and relating to such other
matters which may be necessary or desirable to provide for the effective
administration and enforcement of this article.
[Amended 12-16-1985 by L.L. No. 5-1985]
Except as otherwise provided in § 222-12, the use and operation of snowmobiles within the boundaries of the Village of Lake Placid shall be authorized and allowed.
Whenever the operation of a snowmobile is permitted within the
Village of Lake Placid, as provided for in this article, the following
additional restrictions, unless otherwise provided by applicable regulations
hereunder, are established:
A.
Public or private lands. No snowmobile shall be operated on any lands
owned or occupied by a government agency or privately owned except
as specifically provided for hereinafter or except with the express
permission of any such owner or occupant.
B.
Play areas. No snowmobile shall be operated in or upon a play area,
public park, or golf course.
C.
Sidewalks. It shall be unlawful to operate a snowmobile upon a public
sidewalk or walkway unless the operation of snowmobiles thereon is
expressly designated as allowed by appropriate identifying markers.
D.
School areas. No snowmobile shall be operated at any time within
500 feet of any property used and occupied as a school between the
hours of 9:00 a.m. and 4:00 p.m. except during school vacation periods
or when school is not in session.
E.
Quiet zone. No snowmobile shall be operated at any time within 500
feet of property occupied and used as a hospital, sanatorium, nursing
home or rest home.
F.
Speed limit. It shall be unlawful to operate a snowmobile on any
street or roadway, or on any portion thereof, at a rate of speed greater
than reasonable or proper under the surrounding circumstances. And
in no event shall a snowmobile be operated on any street or roadway
at a rate of speed greater than 30 mph.
G.
Prohibited operating hours. It shall be unlawful to operate snowmobiles
on any street or highway within the Village, or at any other location
within the Village, between the hours of 8:00 p.m. and 9:00 a.m. and
before 12:00 noon on Sunday.
H.
Age of operator. Persons under 18 years of age shall not operate
a snowmobile in the Village except in conformance with the requirements
of Parks, Recreation and Historic Preservation Law § 25.19.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Unnecessary noise. It shall be unlawful to operate a snowmobile within
the Village of Lake Placid except at special events sanctioned and
approved by the Office of Parks, Recreation and Historic Preservation
or the Lake Placid Village Board in any manner which creates loud,
unnecessary or unusual noise, so as to disturb or interfere with the
peace and quiet of other persons or in any other manner which constitutes
a public nuisance or annoys, 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.
J.
Financial security. It shall be unlawful for any person to operate
a snowmobile on any road or highway within the Village unless such
person is insured against public liability as set forth in Parks,
Recreation and Historic Preservation Law § 25.13.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Obedience to vehicular traffic controls. In addition to the rules
and regulations required herein or as provided by § 25.01
of the Parks, Recreation and Historic Preservation Law, each person
operating a snowmobile on any street or highway within the Village
shall observe strictly all vehicular traffic signs and signals and
all other rules and regulations applicable to vehicular traffic, and
shall obtain the orders and directions of any state or local police
or other law enforcement officer authorized to direct or regulate
traffic.
[Amended 12-16-1985 by L.L. No. 5-1985]
A.
Nonpermitted uses. The use and operation of snowmobiles, snowtravelers
and any other such motorized vehicles in, on or under the surface
of Mirror Lake, is hereby prohibited.
A.
The Village Board shall consider the following factors before it
approves an application under this article:
(1)
Nature and extent of the use;
(2)
Location of the use;
(3)
Impact of use on the resources of Mirror Lake and its shoreline;
(4)
Mode of operation of the use;
(5)
Hours of operation of the use;
(6)
Level of noise likely to be produced by the use;
(7)
Likely water-quality impacts of the use;
(8)
Effect of the use on the shoreline of the lake, shoreline vegetation,
and residents of the shoreline;
(9)
Experience and qualifications of the operator;
(10)
Health, safety and welfare of the residents and visitors of
the Village of Lake Placid; and
(11)
Any other factors which relate to or bear on the purposes and
policies of this article.
B.
The issuance of a lake use permit by the Village Board for a certain
use in one year shall not bind the Board in respect to its decision
on any subsequent renewal application, and the Board shall, in the
case of any renewal application, take into account the levels of impact
experienced from actual operation of the use during the preceding
year.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who shall violate the provisions of this article,
or any part thereof, shall be guilty of a violation and shall be punishable
by a fine of not more than $250 in accordance with Article 27 of the
Parks, Recreation and Historic Preservation Law. In addition, any
such person holding a permit shall also be subject to having such
permit revoked or otherwise suspended in accordance with the rules
and regulations promulgated hereunder.
