This chapter shall be known as the "Town of Lewiston Snowmobile
Local Law."
The provisions of Local Law No. 1-1973, enacted January 22,
1973, be and the same hereby are repealed.
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 in the Town of Lewiston 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.
Operation of snowmobiles on highways and public ways of the Town and of the County of Niagara shall be subject to the applicable provisions of Articles 21 through 27 of the Parks, Recreation and Historic Preservation Law, the rules and regulations of the Office of Parks and Recreation, and the rules, restrictions and conditions set forth in §
287-6 of this chapter.
A. Highways. Only the following highways or portions thereof of the
Town are hereby designated for the purpose of operation of snowmobiles
on the shoulders and inside banks thereof as authorized by § 25.05
of the Parks, Recreation and Historic Preservation Law:
(1) Swann Road, from Creek Road to Dickersonville Road.
(2) Dickersonville Road, from the north line of the Town to Lower Mountain
Road, including crossover of Ridge Road.
(3) Schoolhouse Road, from Dickersonville Road to Old Ransomville Road.
(4) Old Ransomville Road, from Schoolhouse Road north to its northerly
terminus.
(5) Lower Mountain Road, from Dickersonville Road to Meyers Hill Road.
(6) Meyers Hill Road, from Lower Mountain Road to Upper Mountain Road.
(7) Bridgeman Road, from Upper Mountain Road to Saunders Settlement Road.
(8) West of Ward Road to east of Hoover Road running along Niagara Mohawk
Power Line 101.
[Added 9-13-2004 by L.L. No. 4-2004]
B. Limited operation on highway. A snowmobile may be operated on a highway
for the purpose of an emergency as authorized by § 25.05
of the Parks, Recreation and Historic Preservation Law.
C. Except as provided in Subsection
A of this section, operation of snowmobiles on any highway, public park or place of the Town is hereby expressly prohibited.
Whenever the operation of a snowmobile is permitted on the shoulder,
roadway or inside bank of any Town highway or portion thereof as provided
by this chapter, the following conditions and restrictions are hereby
imposed on 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 public lands or places of the Town unless the
owner or operator of such snowmobile is insured against public liability
and carries with him proof of financial responsibility in the manner
prescribed by the Office of Parks and Recreation and of the minimum
amount as provided in § 25.13 of the Parks, Recreation and
Historic Preservation Law. Such proof shall be displayed by the owner
or operator of any snowmobile upon request of any magistrate, any
law enforcement officer, or any person having authority to enforce
the provisions of this chapter, 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 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 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. No person shall operate a snowmobile who is under
the age of 16 years unless he is in possession of a snowmobile operator's
certificate issued pursuant to the provisions of § 25.19
of the Parks, Recreation and Historic Preservation Law.
A violation of any of the provisions of this chapter shall be
punishable as provided in § 27.11 of the Parks, Recreation
and Historic Preservation Law.
This local law 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 the requirements of
Article 25 of the Parks, Recreation and Historic Preservation Law
and the rules and regulations of the New York State Office of Parks
and Recreation.