[HISTORY: Adopted by the Town Board of the Town of Colton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-5-1971]
The purpose of this article is to protect the public health,
welfare and safety by regulating the operation of snowmobiles within
the Town of Colton 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 permit use of the highways and other lands
of the Town of Colton compatible with the use for vehicular and pedestrian
travel and other uses.
This article is enacted pursuant to the provisions of Title
D of the Parks, Recreation and Historic Preservation Law.
Terms, words and phrases used in this article shall have the
same meanings as such terms, words and phrases are defined in § 21.05
of the Parks, Recreation and Historic Preservation Law.
That portion of a highway immediately adjacent to the right
side of a roadway which is customarily used only for emergency travel
and parking.
The Town of Colton.
Operation of snowmobiles on highways and public ways of the Town of Colton shall be subject to the applicable provisions of Parks, Recreation and Historic Preservation Law Title D, the rules and regulations of the Office of Parks, Recreation and Historic Preservation, and the rules, restrictions and conditions set forth in § 134-5 of this article.
A.Â
Uncongested highways. All of the Town-owned roads or highways of
the Town of Colton are hereby designated as "uncongested" for the
purpose of operation of snowmobiles on the shoulders thereof as authorized
by § 25.09 of the Parks, Recreation and Historic Preservation
Law.
B.Â
Limited operation on highways, emergency. When authorized or directed
by a state or local police officer or a sheriff, a snowmobile may
be operated on any portion of the highway for the purpose of an emergency
as authorized by § 25.09 of the Parks, Recreation and Historic
Preservation Law.
Whenever the operation of a snowmobile is permitted on any highway of the Town of Colton, as provided by § 134-4 above, the following conditions are restrictions hereby established and shall be applicable to all snowmobile operation.
A.Â
Public or private lands. No snowmobile shall be operated on any lands
owned or occupied by a governmental agency or privately owned except
with the permission of any such owner or occupant.
B.Â
Sidewalks. It shall be unlawful to operate or park a snowmobile upon
a public sidewalk or walkway.
C.Â
Age of operation, pursuant to § 25.19 of the Parks, Recreation
and Historic Preservation Law. No person under 18 years of age shall
operate a snowmobile except as provided for in this subsection.[1]
(1)Â
No
person under the age of 14 years shall operate a snowmobile except
upon land owned or leased by his or her parent or guardian. "Leased
lands," as used in this section, shall not include lands leased by
an organization of which said operator or his or her parent or guardian
is a member.
(2)Â
A person
10 years of age or older but less than 14 years of age who holds a
valid snowmobile safety certificate issued by the Commissioner may
operate a snowmobile on any lands upon which snowmobiling is allowed
if accompanied by a person over 18 years of age. For the purpose of
this section, "accompanied" shall mean within 500 feet of the person
over 18 years of age.
(3)Â
A person
14 years of age or older but less than 18 years of age, who either
holds a valid snowmobile safety certificate issued by the Commissioner
or is accompanied by a person over 18 years of age, may operate a
snowmobile in the same manner as a person over 18 years of age.
D.Â
Unnecessary noise. It shall be unlawful to operate a snowmobile,
except at special events, sanctioned and approved by the Town 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 and 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.Â
Financial security. It shall be unlawful for any person to operate
a snowmobile on any road or highway within the Town of Colton unless
such person is insured against public liability and carries with him
proof of financial responsibility, such as a certificate of liability
insurance of the type, coverage and of a minimum amount as defined
and 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 owner or 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 by any such owner or operator.
F.Â
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any road or highway within the Town of Colton shall
observe all vehicular traffic signs and signals and all other rules
and regulations applicable to vehicular traffic and shall obey the
orders and directions of any state or local police or other law enforcement
officer authorized to direct or regulate traffic.
It shall be unlawful for any owner or operator to leave or allow
a snowmobile to be left unattended on any Town highway or public place
while the motor is running.
Any person found guilty of a violation of this chapter shall,
upon conviction, be punishable by a fine of not more than $250, imprisonment
for up to 15 days, or both such fine and imprisonment. Additionally,
the Court may also require the convicted person to successfully complete
an approved snowmobile safety course.
[1]
Editor’s Note: Former Art. II, Regulation of ATVs on
Town Roads, adopted 6-12-2013 by L.L. No. 2-2013, was repealed 12-11-2013
by L.L. No. 4-2013.
