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.
[Amended 10-17-1974 by L.L. No. 2-1974]
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.
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) 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.
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.
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.