[1]
Editor's Note: Although designated as Art. XI, Sections 13-213 through 13-220, by an ordinance of 12-6-1971, said Article and section numbers had been used, so the provisions were added as Art. XII, Sections 13-233 through 13-240 at the editor's discretion.
[Ord. of 12-6-1971]
The purpose of this article is to protect the public health, welfare and safety by regulating the operation of snowmobiles within the City of Poughkeepsie in a manner which will promote their safe and proper use for recreation and commerce, minimize detrimental effects of such use on the environment, limit use of the highways and prohibit use of other lands of the city.
[Ord. of 12-6-1971]
This Article is enacted pursuant to the provisions of Article 8 of the Conservation Law as enacted by Chapter 459 of the Laws of 1970.[1]
[1]
Editor's Note: See now Title D of the Parks, Recreation and Historic Preservation Law.
[Ord. of 12-6-1971]
(a) 
For the purposes of this Article the definition of words, phrases and terms adopted by Section 8-0105 of the Conservation Law[1] are incorporated herein.
[1]
Editor's Note: See Code of Ordinances Section 21.05 of the Parks, Recreation and Historic Preservation Law.
(b) 
Wherever the word "city" is used herein reference shall be to the City of Poughkeepsie.
[Ord. of 12-6-1971]
(a) 
Operation generally. It will be unlawful for any person to drive or operate any snowmobile in an unsafe or harassing way as defined by Section 8-0303 of the Conservation Law[1]
[1]
Editor's Note: See Code of Ordinances Section 25.05 of the Parks, Recreation and Historic Preservation Law.
(b) 
Operation on lands of another. It shall be unlawful for any person to drive or operate any snowmobile on private property without the consent of the owner or lessor thereof.
(c) 
Operation on streets and highways. It shall be unlawful for any person to drive or operate any snowmobile on public streets or highways within the City of Poughkeepsie other than in the following cases and no other:
(1) 
On the interstate or limited-access state highways, for emergency travel only, during the period of time when and at locations where permitted by the Commissioner of Transportation of the State of New York.
(2) 
On other public streets and highways within the City of Poughkeepsie, snowmobiles may take a direct crossing at an angle of approximately 90° to the direction of the street or highway and in accordance with the provisions of Clause b of Subdivision 2 of Section 8-0303 of the Conservation Law.[2]
[2]
Editor's Note: See Code of Ordinances Section 25.05, Subdivision 3, of the Parks, Recreation and Historic Preservation Law.
(3) 
In an emergency, as so declared by the appropriate chief executive officer as defined in Clause b of Subdivision 1 of Section 209-m of the General Municipal Law, and for the purpose of emergency travel only on any public street or highway, during the period of time when and at locations where snow upon the roadway renders travel by automobile impracticable.
(4) 
On public streets and highways, when necessary to cross a bridge or culvert.
(5) 
On public streets and highways on the slopes or area outside the guardrails, if any, or on the back side of any snow embankment.
(d) 
Operation on public lands. No snowmobile shall be operated on any lands or waters within the City of Poughkeepsie owned or occupied by a governmental agency, including areas designated or used as a public park, golf course or otherwise and public sidewalks or walkways.
[Ord. of 12-6-1971]
No snowmobile shall be operated:
(a) 
At any time within 500 feet of property occupied and used as a hospital, sanitarium, nursing or rest home.
(b) 
Within 500 feet of any property occupied and used as a school between the hours of 8:00 a.m. and 4:30 p.m., except during school vacation periods.
[Ord. of 12-6-1971]
It shall be unlawful to operate a snowmobile 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 cut-out, bypass or any other device to defeat the operation of a muffler in good working condition.
[Ord. of 12-6-1971]
Failure to comply with any of the provisions of this Article shall be deemed a violation, and the violator shall be liable to a fine of not less than $5 nor more than $100. Enforcement shall be in accordance with Title 4 of Article 8 of the Conservation Law.[1]
[1]
Editor's Note: Article 8 of the Conservation Law was repealed by Chapter 664 of the Laws of 1972. For current provisions, See Code of Ordinances Section 25.17, Subdivision 1(e), of the Parks, Recreation and Historic Preservation Law.
[Ord. of 12-6-1971]
If any section, subsection, paragraph, clause, sentence or phrase of this Article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.