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:
MUNICIPAL CORPORATION
Includes a county, city, Town, village, school district,
fire district and a special or improvement district of a county or
Town.
OPERATE
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.
OPERATOR
Every person who operates or is in actual physical control
of a snowmobile.
OWNER
A person other then a lien holder, having the property in
or title to a snowmobile.
PERSONS
Includes an individual, partnership, corporation, municipal
corporation, the state and its agencies and subdivisions, and any
body of persons, whether incorporated or not.
PUBLIC WAY
Any public highway, road, street, avenue, alley, place or
driveway.
ROADWAY
That portion of a highway improved, designed, or ordinarily
used for vehicular travel.
SHOULDER
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.
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.
SPECIAL EVENT
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.
STREET or HIGHWAY
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.
TOWN
Is used herein it shall mean the Town of Lansing.
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.