[HISTORY: Adopted by the Town Board of the
Town of Berne as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-8-1968]
The purpose of this article is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
within the Town of Berne in a manner which will promote their safe
and proper use for recreation and commerce, minimize detrimental effects
of such use on the environment and permit use of the highways and
other lands of the Town compatible with the use for vehicular and
pedestrian travel and other uses.
This chapter shall hereafter be known and cited
as the "Town of Berne Snowmobile Ordinance."
For the purpose of this article, the following
terms shall have the following meanings:
The Conservation Department of the State of New York.
The entire width between boundary lines of a highway, including
both the traveled portion and right-of-way.
An individual, partnership, corporation or any body of persons
whether incorporated or not.
A self-propelled vehicle designed for travel on snow and
ice steered by skis or runners and supported in part by belts, skis
or cleats.
The Highway Superintendent of the Town then holding such
office.
The Supervisor of the Town then holding such office.
The Town of Berne.
[Amended 3-9-2005 by L.L. No. 1-2005]
A.
The Town Board is hereby empowered to designate from
time to time those Town highways upon which the operation of snowmobiles
is permitted. Such designated highways or portions thereof shall be
identified by markers in such manner as may be provided by rules and
regulations of the Commissioner.
B.
Notwithstanding the provisions of Subsection A hereof, snowmobile traffic may be permitted on any Town highway in the case of a snow emergency so designated by the Supervisor and for an emergency purpose when specifically permitted by a state police officer, deputy sheriff, Town constable or the Superintendent.
C.
Designation by the Superintendent as provided in Subsections A and B of this section shall be accomplished as follows: The Superintendent shall post a list of the roads to be so designated at the Town Garage and in three public places in the Town. Aggrieved persons shall have 20 days within which to appeal the determination of the Superintendent to the Town Board in writing. In the absence of such an appeal, the Superintendent’s designation shall be official. In the event of such appeal, a hearing shall be held and the decision of the Town Board shall be final. Deletions and changes shall be made in the same manner.
Snowmobile operations within the Town shall
be subject to the following:
A.
Public or private lands. No snowmobile shall be operated
on any lands owned or occupied by a governmental agency or privately
owned, except with the permission of any such owner or occupant.
B.
Park areas. No snowmobile shall be operated in an
area designated or used as a public park.
C.
Sidewalks. It shall be unlawful to operate a snowmobile
upon a public sidewalk or walkway.
D.
School areas. No snowmobile shall be operated within
500 feet of any property occupied and used as a school between the
hours of 8:00 a.m. and 4:00 p.m. except during school vacation periods.
E.
Quiet zones. No snowmobile shall be operated at any
time within 500 feet of property occupied and used as a hospital,
sanitarium, nursing or rest home.
F.
Speed limit. It shall be unlawful to operate a snowmobile
on any Town highway described herein or on any portion thereof at
a rate of speed greater than reasonable or proper under the surrounding
circumstances.
G.
Prohibited operating hours. It shall be unlawful to
operate snowmobiles on any Town highway described herein or on any
portion thereof between the hours of 12:00 midnight to 8:00 a.m.
H.
Unnecessary noise. It shall be unlawful to operate
a snowmobile, except at special events, sanctioned and approved by
the Office of Parks, Recreation and Historic Preservation, 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.
[Amended 3-9-2005 by L.L. No. 1-2005]
I.
Financial security. It shall be unlawful for any person
to operate a snowmobile on any road or highway within the Town unless
such person 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.
J.
Obedience to vehicular traffic controls. Each person
operating a snowmobile on any road or highway within the Town 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.
[Amended 3-9-2005 by L.L. No. 1-2005]
The owner of a snowmobile used or operated in
this Town shall be liable and responsible for death or injury to person
or damage to property resulting from negligence in the use or operation
of such snowmobile by any person using or operating the same with
the permission, express or implied, of such owner; provided, however,
that such operator's negligence shall not be attributed to the owner
as to any claim or cause of action accruing to the operator or his
legal representative for such injuries or death.
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, except that violation of § 159-5I shall be deemed a misdemeanor and the violator shall be liable to a fine of not less than $50, nor more than $250 and 30 days in jail.
[Amended 3-9-2005 by L.L. No. 1-2005]
This chapter shall be effective immediately,
except that no snowmobiles shall be operated under the authority hereof
until such time as the State Office of Parks, Recreation and Historic
Preservation and/or the State Department of Transportation adopts
rules and regulations with respect to the size, design, color and
location of road and traffic signs or markers, required as provided
in this article and such signs are erected in compliance with such
rules and regulations.
[Adopted 11-28-2012 by L.L. No. 5-2012]
The purpose of this article is to designate portions of Town
roads for access to snowmobile trails.
Pursuant to the authority and provisions of §§ 25.05
and 25.09 of the Parks, Recreation and Historic Preservation Law,
the Town Board of the Town of Berne is authorized to designate portions
of Town roads for access to snowmobile trails.
The Town Board, pursuant to § 25.05, Subdivision 7,
of the Parks, Recreation and Historic Preservation Law to allow the
operation of snowmobiles for the purposes of access to adjacent snowmobile
trails, hereby designates the following roads for said purposes:
A.
Lawton Hollow Road from the Albany County line to Bradt Hollow Road.
B.
Bradt Hollow Road from Lawton Hollow Road to snowmobile trail C7B
leading to Beaver Road.
C.
Beaver Road.
D.
High Point Road from snowmobile trail C7B to Sickle Hill Road (Albany
CR 13).
E.
Partridge Run Road.
F.
Gifford Hollow Road from Smalley Road south 100 yards plus or minus.
G.
West Woodstock Road from Albany CR 1 east 100 yards plus or minus.
