The purpose of this chapter is to revoke the Town of Wilna Snowmobile
Ordinance and to enact a new local law to protect the public health,
welfare and safety by regulating the operation of snowmobiles on public
highways and places of the Town of Wilna in a manner which will be
comparable with the use of such highways and places for vehicular
and pedestrian travel and other uses. This will promote the proper
and safe use and operation of snowmobiles for recreation and commerce
and will minimize the detrimental effects of such use upon the environment.
As used in this chapter, unless the context requires otherwise,
the following definitions shall be applicable:
BANK
A mound, pile or ridge of snow on the edge of a highway accumulated
from natural snowfall or by snow plowing operations.
COMMISSIONER
The Commissioner of Parks, Recreation and Historic Preservation
of the State of New York.
COUNTY
The County of Jefferson, New York.
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 purposes of vehicular traffic.
INSIDE BANK
The portion of a snow bank 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 underway.
OPERATOR
Every person who operates or is in actual physical control
of a snowmobile.
OUTSIDE BANK
The portion of a snow bank outside the crest thereof and
farthest removed from the roadway.
OWNER
Any person having title to a snowmobile. If a snowmobile
is sold under a contract of conditional sale whereby the title remains
in the vendor, such vendor or his assignee shall not after delivery
of such snowmobile, be deemed an owner within the provisions of this
section, but the vendee or his assignee, upon receipt of possession
thereof, shall be deemed such owner notwithstanding the terms of such
contract until the vendor or his assignee shall retake possession
of such snowmobile. A person holding only a security interest in a
snowmobile shall not be deemed an owner unless such person also has
possession of such snowmobile.
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 whole or in part by one
or more skis, belts or cleats.
STATE
The State of New York.
TOWN
The Town of Wilna in Jefferson County, New York.
No person shall drive or operate a snowmobile on a highway within
the Town unless it is equipped with the required headlight, taillight,
brakes, reflector material, and muffler as defined by and in accordance
with the minimum standards of § 25.17 of the Parks, Recreation
and Historic Preservation Law of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. Age of operator. No person under 18 years of age shall operate a
snowmobile except as provided for in this subsection.
(1) No person under the age of 14 years shall operate a snowmobile except
upon lands owned or leased by his or her parent or guardian." Leased
lands" as herein used shall not include lands leased by an organization
of which said operator or his parent or guardian is a member.
(2) A person 10 years of age or older but less than 14 years of age who
holds a valid snowmobile safety certificate issued by the commissioner
may operate a snowmobile on any lands upon which snowmobiling is allowed
if accompanied by a person over 18 years of age. For the purpose of
this section, “accompanied” shall mean within 500 feet
of the person over 18 years of age.
(3) A person who is at least 14 years of age but who has not attained
his or her 18th birthday who either holds a valid snowmobile safety
certificate issued by the commissioner or is accompanied by a person
over 18 years of age may operate a snowmobile in the same manner as
a person over 18 years of age.
B. Exhibition of certificate. The failure of such a youthful operator
to exhibit a snowmobile safety certificate upon demand to any magistrate
or any other officer having authority to enforce the provisions of
this chapter shall not be an offense but shall be presumptive evidence
that such person is not the holder of such certificate.
C. Owner responsibility. No owner of a snowmobile shall authorize or permit the operation thereof within the state by any person in violation of the provisions of §
182-8.
D. Owner responsibility for other provisions of this section. No owner
or other person in possession of any snowmobile shall authorize or
knowingly permit any person under 16 years of age, to operate such
a snowmobile in violation of any of the provisions of this chapter,
the Rules and Regulations of the Commissioner of Parks. Recreation
and Historic Preservation, or the provisions of any state law or ordinance.
E. Parent or guardian responsibility. No parent or guardian shall authorize
or knowingly permit his or her child or ward, if under 18 years of
age, to operate a snowmobile in violation of any of the provisions
of this chapter, the Rules or Regulations of the Commissioner, or
the provisions of any state law or ordinance regulating snowmobiles.
Every peace officer, police officer, conservation officer in
the Department of Environmental Conservation, and employees of the
office of Parks, Recreation and Historic Preservation as may be designated
by the Commissioner shall enforce the provisions of this chapter.
Such enforcement officer shall be authorized to issue appearance tickets
and simplified traffic information for any violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any provision of this chapter shall be guilty of a violation, subject to a fine not to exceed $250, 15 days’ imprisonment, or both, for each offense. Notwithstanding the foregoing, however, a violation of §
182-6 of this chapter shall be subject to the penalties as set forth in §
182-6E of this chapter. Upon conviction of a violation of any provision of Article 25 of the Parks, Recreation and Historic Preservation Law, a court may also 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 Commissioner.