This chapter shall be known as the "Town of Webb Snowmobile
Ordinance."
By the adoption of this chapter, the Town Board of the Town
of Webb declares its intent to regulate the operation of snowmobiles
in the Town of Webb and to provide for a service and/or admission
charge on each snowmobile which operates on the trails located on
Town of Webb property or on property leased by the Town of Webb and
also to provide that the service and/or admission charge be changed
by resolution of the Town Board of the Town of Webb.
For the purpose of this chapter, the terms defined herein shall
have the meaning ascribed to them.
BANK
A mound, pile or ridge of snow on the edge of a highway accumulated
from natural snowfall or by snowplowing operations.
HIGHWAY
The entire width between the boundary lines of any way or
place when any part thereof is open to the use of the public, as a
matter of right, for the purpose of vehicular traffic.
INSIDE BANK
The portion of a snowbank immediately adjacent to the shoulder
of the roadway.
OPERATE
To ride in or on, other than as a passenger, or use or control
the operation of a snowmobile in any manner, whether or not said snowmobile
is in motion.
OPERATOR
Every person who operates or is in actual physical control
of a snowmobile.
OUTSIDE BANK
The portion of a snowbank outside the crest thereof and farthest
removed from the roadway.
ROADWAY
That portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the shoulder.
SHOULDER
That portion of a highway which lies outside the paved or
unpaved roadway immediately adjacent to the portion of the roadway
which may be used by motor vehicles.
SNOWMOBILE
A self-propelled vehicle designed for travel on snow or ice
steered by skis or runners, and supported in part by skis, belts or
cleats.
The following streets and highways in the Town of Webb are hereby
declared to be "access areas" for the purposes of this chapter, as
well as Parks, Recreation and Historic Preservation Law § 25.05,
Subdivision 7(c):
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Crosby Boulevard between New York State Highway No. 28 and Fern
Avenue
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Crosby Boulevard between New York State Highway No. 28 and Park
Avenue
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Forge Street
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Garmon Avenue between Crosby Boulevard and Adams Street
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Gilbert Street
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Lakeview Avenue
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Lamberton Street
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North Street
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Park Avenue between Crosby Boulevard and Gilbert Street
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River Street between New York State Highway No. 28 and Park
Avenue
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Sheard Street
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Spring Street
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All streets, roads and highways in the Town of Webb, except
New York State highways, are hereby designated as streets, roads or
highways upon which snowmobile travel is permitted as prescribed by
§ 25.09 of the Parks, Recreation and Historic Preservation
Law.
[Amended 12-2-2013 by L.L. No. 5-2013]
It shall be unlawful for any person to operate a snowmobile
on the sidewalks of the Town of Webb, except on the sidewalks on the
north side of New York State Highway No. 28 beginning at the westerly
side of Middle Branch Road; thence westerly from the westerly side
of Middle Branch Road to the termination point of said sidewalk; and
except on the sidewalk on the easterly and southerly side of New York
State Highway No. 28 beginning at the bridge at the outlet of the
Fulton Chain of Lakes; thence northerly and easterly on said sidewalk
from said bridge to the easterly boundary of Grove Trail.
In addition to any penalty contained in any other provisions
of law, any person who shall violate any provision of this chapter,
shall be guilty of a violation and be punished by a fine of not more
than $250, or by imprisonment for a term not exceeding 15 days, or
both; or further upon conviction of a violation of any provision of
this chapter a court may require the convicted person as a condition
of the sentence, in addition to any other penalty, to successfully
complete a snowmobile safety course approved by the State Commissioner
of Parks, Recreation and Historic Preservation.
Each snowmobile which is operated on any snowmobile trail or
trails located on property owned or leased by the Town of Webb shall
be required to pay a service and/or admission charge for a permit
to use the trails, which fee or service charge will be established
by resolution of the Town Board of the Town of Webb.
A sticker will be provided upon the payment of the fee provided in §
393-10 of this chapter for each snowmobile, which sticker shall be displayed on the left side of the snowmobile windshield.
No service and/or admission charge will be imposed upon the
following snowmobiles:
A. Snowmobiles owned by governmental agencies including the United States
and other states or political subdivisions thereof.
B. Snowmobiles owned by volunteer organizations if used exclusively
for emergency purposes.
It shall be unlawful for any person to drive or operate a snowmobile
in the following unsafe or harassing way:
A. Reckless operation. In a careless, reckless or negligent manner so
as to endanger the person or property of another or to cause injury
or damage thereto.
B. Imprudent speed. At a rate of speed greater than reasonable or proper
under the surrounding circumstances.
C. Failure to stop and yield.
(1) In any place at any time failing to stop and yield to an authorized
ambulance, civil defense, or police vehicle, or police snowmobile
or police vehicle being operated as an emergency vehicle and approaching
from any direction.
(2) Failing to yield the right-of-way to the operation of trail grooming
equipment, whether the snowmobile operator is approaching or overtaking
the trail grooming equipment operator.
D. Failure to comply. In any place at any time, failure or refusal to
comply with any lawful order of any police officer or other person
duly empowered to enforce the provisions of this chapter or any laws
of the state relating to snowmobiles.
E. Towing a sleigh, sled or toboggan. The towing of a sleigh, sled or
toboggan unless attached by rigid support, connection or towbar.
F. Lights.
(1) Between sunset and sunrise or when lights are required for safety
without displaying at least one lighted headlight and one lighted
taillight.
(2) Operating other than as an emergency vehicle and displaying one or
more lighted red or combination red or white lights, or other lights
which are revolving, rotating, flashing, oscillating or constantly
moving lights.
G. On private property without the consent of the owner or lessee thereof.
Any person operating a snowmobile upon lands of another in violation
of this section shall stop and identify himself upon the request of
the landowner, the lessee, or the duly authorized representative of
the landowner or the lessee and, if requested to do so by said landowner
or lessee or representative, he shall promptly remove said snowmobile
from the premises.
No person shall operate a snowmobile, or ride as a passenger
on a snowmobile, on the snowmobile trails, public lands, public streets
or highways in the Town of Webb unless such person is wearing a protective
helmet of a type manufactured under government standards and approved
by the State Commissioner of Parks, Recreation and Historic Preservation.
All snowmobiles operating on the snowmobile trails, public lands,
public streets and highways in the Town of Webb shall be equipped
with:
A. Headlights. At least one white or amber headlamp having a minimum
candlepower of sufficient intensity to reveal persons and vehicles
at a distance of at least 100 feet ahead during hours of darkness
under normal atmospheric conditions.
B. Taillights. At least one red tail lamp having a minimum candlepower
of sufficient intensity to exhibit a red light plainly visible from
a distance of 500 feet to the rear during hours of darkness under
normal atmospheric conditions.
C. Brakes. A brake system in good mechanical condition.
D. Mufflers. An adequate muffler system in good working condition. No
snowmobile shall be modified by any person in any manner that shall
amplify or otherwise increase total noise emission to a level greater
than that emitted by the snowmobile as originally constructed. No
person shall operate a snowmobile that exceeds a noise level of 73
decibels as measured on the A-weighted scale on a decibel meter at
a distance of 50 feet.