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Town of Porter, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Porter 12-6-1973 by L.L. No. 4-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 160.
Vehicles and traffic — See Ch. 175.
Zoning — See Ch. 200.
The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of snowmobiles on public highways and places of the Town of Porter in a manner which will be compatible with the use of such highways and places for vehicular and pedestrian travel and other uses, and which will promote the safe and proper use of snowmobiles for recreation and commerce and minimize detrimental effects of such use on the environment.
A. 
The terms, words and phrases used in this chapter shall have the same meaning as such terms, words and phrases are defined in § 21.05 of the Parks, Recreation and Historic Preservation Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
As used in this chapter, the following terms shall have the meanings indicated:
SHOULDER
That portion of a highway immediately adjacent to the right side of a roadway which is customarily used only for emergency travel and parking.
TOWN
The Town of Porter.
[Amended 10-17-1974 by L.L. No. 2-1974[1]]
Operation of snowmobiles on highways and public ways of the Town shall be subject to the applicable provisions of Title D of the Parks, Recreation and Historic Preservation Law, the rules and regulations of the Office of Parks, Recreation and Historic Preservation, and conditions set forth in § 152-4 of this chapter.
A. 
Uncongested highways. Only the following streets or highways of the Town are hereby designated as uncongested for the purpose of operation of snowmobiles on the shoulders thereof as authorized by Parks, Recreation and Historic Preservation Law § 25.07:
Name of Street
Location
Braley Road
From Wilson Town line west to Youngstown-Wilson Road, including crossovers of Ransomville, Dickersonville and Porter Center Roads
Cain Road
From Creek Road to Lutts Road
Cothran Road
From Lake Road south to Youngstown-Wilson Road
Dickersonville Road
From Lewiston Town line north to Lake Road, including crossovers of Balmer, Youngstown-Lockport, Braley, and Youngstown-Wilson Roads
Lutts Road
From Balmer Road north to Youngstown-Wilson Road, including crossovers at Youngstown-Lockport Road and Cain Road
B. 
Limited operation on highway for emergency purposes. When authorized or directed by the state police or sheriff's department, a snowmobile may be operated on any portion of any highway for the purpose of an emergency as authorized by Parks, Recreation and Historic Preservation Law § 25.07.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever the operation of a snowmobile is permitted on the shoulder, roadway or bank of any Town street or highway or portion thereof as provided in this chapter, the following conditions and restrictions are hereby imposed to all such snowmobile operations:
A. 
Prohibited operating hours. No person shall operate, snowmobiles on any Town highway between the hours of 11:00 p.m. and 7:00 a.m., except that on Saturday and Sunday, the prohibited hours shall be between 12:01 a.m. and 7:00 a.m.
B. 
Financial security. It shall be unlawful for any person to operate a snowmobile on any Town highway or on public lands thereof unless the owner or operator of such snowmobile 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 the 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.
C. 
Direction of operation. No person shall operate a snowmobile within the street or highway right-of-way of the Town between sunrise and sunset except on the right side of such right-of-way and in the same direction as the highway traffic. Operation on other public places shall be only in the direction, if any, marked by appropriate route direction markers.
D. 
Unattended snowmobiles. 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 or with any key for starting the same left in the ignition or elsewhere in said snowmobile.
E. 
Obedience to vehicular traffic controls. Each person operating a snowmobile on any Town highway shall observe strictly 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.
F. 
Other restrictions.[1]
(1) 
No person shall operation a snowmobile unless authorized pursuant to Parks, Recreation and Historic Preservation Law §§ 25.19 and 25.21.
(2) 
Snowmobiles shall be equipped and operated consistent with, and in conformance with, Article 25 of the Parks, Recreation and Historic Preservation Law.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Failure to comply with any of the provisions of this chapter shall be deemed a violation, and the violator shall, upon conviction, be liable to a fine not to exceed $250, 15 days' imprisonment, or both, for each violation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter shall take effect immediately upon its filing in accordance with the provisions of § 27 of the Municipal Home Rule Law; provided, however, that no snowmobile shall be operated under the provisions hereof until such time as the signs and markers are installed or constructed in accordance with Title D of the Parks, Recreation and Historic Preservation Law and the rules and regulations of the New York State Office of Parks, Recreation and Historic Preservation and the Department of Transportation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).