[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.
[Amended 3-29-2021 by L.L. No. 1-2021; 7-5-2022 by L.L. No. 3-2022]
For the purpose of this article, the following definitions of words, phrases and terms shall apply:
AUTHORIZED AMBULANCE SNOWMOBILE
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.
AUTHORIZED CIVIL DEFENSE SNOWMOBILE
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.
AUTHORIZED POLICE SNOWMOBILE
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.
BANK
A mound, pile or ridge of snow on the edge of a highway accumulated from natural snowfall or by snowplowing operations.
COMMERCIAL USE
Any use or activity conducted by any person for pecuniary gain.
COMMISSIONER
The State Commissioner of Motor Vehicles.
COWLING
The forward portion of the snowmobile usually surrounding the motor and clutch assembly.
DEALER
A person engaged in the business of selling snowmobiles at wholesale or retail.
ELECTRIC HYDROFOIL SURFBOARD
A surfboard or other such floating device which is propelled by an electric propeller just above the wing of the hydrofoil, or another propulsion which powers the board to move through any water.
EXECUTIVE OFFICER
The Mayor.
GOVERNMENTAL AGENCY
Any agency of the State of New York and all municipalities within the state.
HIGHWAY
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.
INSIDE BANK
The portion of a snowbank immediately adjacent to the shoulder of the roadway.
OPERATE
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.
OPERATION AS EMERGENCY VEHICLE
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.
OPERATOR
Every person who operates or is in actual physical control of a snowmobile.
OUTSIDE BANK
The portion of a snowbank outside the crest thereof and farthest removed from the roadway.
OWNER
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.
PERSON
Any individual, corporation, partnership, association or other legal entity.
REGISTER
The act of assigning a registration number to a snowmobile.
ROADWAY
That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder.
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.
SNOWMOBILE
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.
SNOWMOBILE OPERATOR'S CERTIFICATE
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.
SPECIAL EVENT
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.
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.
L. 
Equipment. All snowmobiles operated within the limits of the Village shall be properly muffled and equipped in full compliance with § 25.17 of the Parks, Recreation and Historic Preservation Law.[1]
[1]
Editor's Note: Original Section 8, Liability for negligence, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 12-16-1985 by L.L. No. 5-1985; 7-5-2022 by L.L. No. 3-2022]
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.
B. 
Permitted uses. All other uses in, or under the surface of, Mirror Lake shall be permissible if a permit has been obtained therefore pursuant to § 222-1 unless the Village determines by resolution or other regulation that no permit is required.
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.