[HISTORY: Adopted by the Town Board of the Town of Lansing 12-22-1970 by Ord. No. 9. Amendments noted where applicable.]
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 Lansing 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.
For the purpose of this chapter, the following words, phrases
and terms shall have the following meaning:
Includes a county, city, Town, village, school district,
fire district and a special or improvement district of a county or
Town.
To ride in or on, other than as a passenger, use or control
the operation of a snowmobile in any manner, whether or not said snowmobile
is under way.
Every person who operates or is in actual physical control
of a snowmobile.
A person other then a lien holder, having the property in
or title to a snowmobile.
Includes an individual, partnership, corporation, municipal
corporation, the state and its agencies and subdivisions, and any
body of persons, whether incorporated or not.
Any public highway, road, street, avenue, alley, place or
driveway.
That portion of a highway improved, designed, or ordinarily
used for vehicular travel.
That portion of a public right-of-way used to support the
improved portion of the road and for emergency travel and parking
only, which lies outside the paved or improved portion of the road.
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.
An organized race, exhibition or demonstration of limited
duration which is conducted according to a prearranged schedule and
in which general public interest is manifested.
The entire width between 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.
Is used herein it shall mean the Town of Lansing.
A.
Operation of snowmobiles on highways and public ways within the Town
shall be subject to the applicable provisions of Article 8 of the
Conservation Law and the Rules and Regulations of the Office of Parks
and Recreation, and, where applicable, the further rules, conditions
and restrictions established by this chapter. Operation of snowmobiles
shall be subject to the applicable provisions of Parks, Recreation
and Historic Preservation Law, Title D.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Unplowed Town roads. The following Town roads and highways are hereby
identified as customarily unplowed roads within the meaning of Conservation
Law § 8-303, Subdivision 2c(4): 1) Ross Road from top of
hill at abandoned house to lake, 2) Sweazey Road from Cornell University
Land (Buckingham Farm) west to Bill George Road, 3) Brown Hill Road,
4) Dates Road from George Tull's house south to Jerry Smith Road.
C.
Town roads designated for snowmobile operation. In addition to the
operation of snowmobiles on the highways and in the manner permitted
by clauses (a) and (b) and Paragraphs (1), (2), (4), and (5) of clause
(c) of Conservation Law § 8-0303,[1] snowmobiles may be operated, subject to the further rules, restrictions and conditions set forth in § 215-5 hereof, on other Town roads within the Town as follows:
(1)
On the shoulders of certain uncongested Town highways. The following
streets, roads or highways are hereby designated as uncongested for
the purpose of operation of snowmobiles on the shoulders thereof,
as authorized by § 8-0303, Subdivision 2c(3), of the Conservation
Law: Davis Road, Holden Road, North Lansing School Road from Rt 34
to VanOstrand, Salmon Creek Road south to Hill Street, Snushall Road,
Storm Road, Nut Ridge Road, Lansing-Genoa Town Line Road, Ford Hill
Road, Snydor Road, Cherry Road, Culf Hill Road and Collins Road.
(2)
On the roadways and inside banks of certain Town road. In addition to travel on the outside banks or slopes [permitted by § 8-0303, Subdivision 2c(5)], and on the shoulders [permitted by Subsection C(1) of this section], a snowmobile may be operated on the inside bank or roadway of the following Town highways or portions thereof described herein, it being hereby determined that by reason of normally prevailing snow conditions and conditions of terrain, the slopes or areas outside the guardrails or the back side of snow embankments of such highways or portions thereof are non-existent or impossible: Davis Road, Holden Road, North Lansing School Road from Rt 34 to VanOstrand, Salmon Creek Road south to Hill Street, Snushall Road, Storm Road, Nut Ridge Road, Lansing-Cenoa Town Line Road, Ford Hill Road, Snyder Road, Cherry Road, Gulf Hill Road, Collins Road and Sill Road.
[Amended 2-10-1976 by Ord. No. 20]
[1]
Editor's Note: Section 8-0303 was repealed
by L. 1973, c. 400, § 92, effective June 5, 1973. For the current
statutory provisions pertaining to snowmobiles, consult Title D, Snowmobiles,
of the Parks, Recreation and Historic Preservation Law (§ 21.01
et seq.).
D.
County roads. The Town hereby authorizes, subject to the approval
of the Board of Representatives of the County of Tompkins, the operation
of snowmobiles on the shoulders, inside banks and roadways of the
following county roads, or portions thereof within the Town, it being
hereby determined that by reason of normally prevailing snow conditions
and conditions of terrain, the slopes or areas outside the guardrails
or the backside of snow embankments of such highways or portions thereof
are non-existant or impossible: Conlon Road from Rt 34B to Gulf Hill
Road, Lansingville Road from Davis Road to Rt 34B, North Lansing School
Road from VanOstrand to Town Line, VanOstrand Road south to Peruville
Road.
E.
Emergency travel. In addition to the emergency travel permitted upon
declaration of a general snow emergency by the Supervisor as provided
by Conservation Law § 8-0303, Subdivision 2c(1), a snowmobile
may be operated on highways within the Town otherwise closed to snowmobile
travel, when the specific travel for a specific purpose is authorized
by a state or local police officer, Fire Chief, supervisor or Town
highway superintendent.
G.
Order of use of portions of road. Operation of snowmobiles on roads within the Town where by statute or this chapter is permitted, shall be on the following portions thereof in order of freedom from vehicular congestion as herein stated, and operation on the portion thereof in the more congested or unsafe category is permitted only when travel on the lessor congested area is impassable: Unplowed roads [Statute § 8-0303, Subdivision 2c(4)] on any portion thereof: Outside slopes, areas outside of guard-rails and back side of snow embankments (Statute § 8-0303, Subdivision 2c(5)]: Shoulders [Statute § 8-0303, Subdivision 2c(3), and § 215-3C(1) of this chapter]: Inside banks or roadways proper [Statute § 8-0303, Subdivision 4, and § 215-3C(2) and D of this chapter].
Whenever the operation of a snowmobile is permitted on the shoulder, roadway or inside bank of any street or highway or portion thereof within the Town as provided in § 215-3C and D of this chapter, the following rules, conditions and restrictions are hereby imposed to all such snowmobile operations:
A.
Direction of travel. No person shall operate a snowmobile within
the roadway of a public road herein authorized except on the right
side of such roadway and in the same direction as the highway traffic
and in single file.
B.
Financial security. It shall be unlawful for any person to operate
a snowmobile on any highway or on public lands within the Town 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.
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any 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.
D.
Sidewalks. It shall be unlawful to operate a snowmobile upon a public
sidewalk or walkway in the Town.
E.
Unnecessary noise. It shall be unlawful for any person to operate
a snowmobile, except at special events sanctioned and approved by
the Office of Parks and Recreation, in any manner which:
(1)
Creates loud, excessive or unusual noise,
(2)
Is equipped with a muffler from which the baffle plates, screens
or other original internal parts have been removed or altered;
(3)
Is equipped with an exhaust system which has been modified in a manner
which will increases or amplify the noise emitted by the motor of
such snowmobile; or
(4)
Is equipped with no muffler.
F.
No persons under 14 years of age shall operate snowmobiles on the
roads herein specified.
No civil action shall be maintained against the Town for damages
or injuries to person or property sustained in consequence of any
street, highway, public way, roadway, shoulder, outside slope, inside
bank or any other area, whether the same be paved or unpaved or plowed
or unplowed, or on public lands other than roads, where operation
of a snowmobile is permitted pursuant to this chapter, being out of
repair, obstructed, unsafe or dangerous unless it appears that prior
written notice of the defective, unsafe or dangerous condition was
actually given to the Town or its hereinafter specified officer or
employee and there was a failure or neglect within a reasonable time
after the giving of such notice to repair or remove the defect or
danger complained of, or the place otherwise made reasonably safe.
The written notice aforesaid shall be given to the Town Clerk who
shall make and keep an indexed record in a separate book of all such
written notices which have been so received, which record shall state
the date of receipt of the notice, the nature and location of the
condition or defect stated to exist, and the name and address of the
person from whom the notice was received.
Failure to comply with any of the provisions of this chapter
shall be deemed a violation and the violator shall be liable to a
fine of not less than $5 nor more than $100.
