[HISTORY: Adopted by the Town Board of the Town of Fabius 12-21-1970 by L.L. No. 1-1970. 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 Fabius, County of Onondaga, 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:
The entire width between boundary lines of any right-of-way
or property owned in fee by the Town of Fabius when any part thereof
is open to the use of the public, as a matter or right, for the purpose
of travel and access.
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.
That portion of the highway between the drainage ditch and
the outer boundary of the right-of-way during times when the drainage
ditch is identifiable. When a continuous berm of plowed snow covers
the drainage ditch, the outside slope means that portion of the berm
pitching downward and furthest from the plowed portion of the highway.
A person other than 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.
That portion of the highway which is designed, improved,
paved and ordinarily used for vehicular travel.
That portion of the highway between the roadway and adjacent
drainage ditches, being generally graded to conduct water from the
roadway to the drainage ditches. On unpaved highways the "shoulder"
means the portions of the highway between the center-most 16 feet
of the roadway and the drainage ditches.
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 snowmobiles
of limited duration which is conducted according to a prearranged
schedule and duly permitted by the State of New York.
The Town of Fabius in the County of Onondaga.
[Amended 3-7-1973 by L.L.
No. 1-1973]
Operation of snowmobiles on highways and public ways of the Town of Fabius shall be subject to the applicable provisions of Article 25 of the Parks, Recreation and Historic Preservation Law, as amended, the rules and regulations of the Office of Parks and Recreation and the rules, restrictions and conditions set forth in § 112-4 of this chapter.
A.Â
Uncongested highways; operating on shoulders.
(1)Â
The following streets or highways of the Town of Fabius, Onondaga
County, are hereby designated as uncongested for the purpose of operation
of snowmobiles on the shoulders thereof as authorized by Article 25
of the Parks, Recreation and Historic Preservation Law:
(a)Â
All Town of Fabius roads with the exception of the Toggenburg Road
between Route 80 and Harris Cross Road; also South Street in Apulia
Station from Route 80 south, and with the exception that no Town road
shall be open to snowmobiles when storms create a condition of reduced
visibility.
(2)Â
Enactment of the above provision is pursuant to Article 25 of the
Parks, Recreation and Historic Preservation Law, as amended.
B.Â
Unplowed highways. The following Town of Fabius highways are hereby
identified for purposes of identification as customarily unplowed
for the purpose of snowmobile operation:
|
On
|
From
|
To
|
|---|---|---|
|
Markham Heights Road
|
Markum Hollow Road
|
Town line
|
|
Herlihy Road
|
Risser Building
|
State land boundary
|
|
Cowles Settlement Road
|
Vincent Corners Road
|
Woodford's barn
|
|
Purcell Road
|
Penoyer Road
|
Town line
|
C.Â
Limited operation on highway.
(1)Â
Emergency.
When authorized or directed by a state or local police officer or
the Town Supervisor, a snowmobile may be operated on any portion of
the highway for the purpose of such emergency as provided by Article
25 of the Parks, Recreation and Historic Preservation Law.
Whenever the operation of a snowmobile is permitted on the shoulder,
roadway or inside bank of any Town street or highway or portion thereof
as provided in this chapter or on parks or public lands of the Town
of Fabius, County of Onondaga, the following conditions and restrictions
are hereby imposed to all such snowmobile operations:
A.Â
Public or private lands. A snowmobile shall not be operated on any
lands owned, occupied by or under the jurisdiction of a governmental
agency or privately owned, except with the permission of any such
owner or occupant.
B.Â
Sidewalks. It shall be unlawful to operate a snowmobile upon a public
sidewalk or walkway.
C.Â
Direction of travel. No person shall operate a snowmobile within
the street or highway right-of-way of the Town of Fabius, County of
Onondaga, except on the right side of such right-of-way and in the
same direction as the highway traffic. Operation on other public places
shall be only in the direction, if any, marked by appropriate route
direction signs.
D.Â
Unnecessary noise. It shall be unlawful to operate a snowmobile,
except at special events, sanctioned and approved by the Office of
Parks and Recreation, 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,
by-pass or any other device to defeat the operation of a muffler in
good working condition. For machines built after June 1972 and June
1974, compliance with Parks, Recreation and Historic Preservation
Law, Article 25, will be required.
[Amended 3-7-1973 by L.L.
No. 1-1973]
E.Â
Financial security. It shall be unlawful for any person to operate
a snowmobile on any Town highway or on public lands 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.
F.Â
Unattended snowmobiles. It shall be unlawful for any owner or operator
to leave or allow a snowmobile to be left unattended on any Town of
Fabius highway while the motor is running or with any key for starting
the same left in the ignition or elsewhere in said snowmobile.
G.Â
Obedience to vehicular traffic controls. Each person operating a
snowmobile on any Town highway 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.
H.Â
Age of operator. No person under the age of 16 shall operate a snowmobile
on the roadways of the Town of Fabius or the shoulders thereof except
as authorized, provided for, and regulated by § 25.19 of
the Parks, Recreation and Historic Preservation Law of the State of
New York or any amendments thereof, and such regulations as may be
imposed by the New York State Department of Recreation, included,
but not limited to, certification of operators by the Commissioner
of Parks and Recreation.
[Amended 3-7-1973 by L.L.
No. 1-1973]
Any person who shall violate any of the provisions of this chapter
shall be subject to a fine not less than $5 and not to exceed the
sum of $100.
[Added 3-7-1973 by L.L.
No. 1-1973]
If any provision of this chapter shall be adjudged by any court
of competent jurisdiction to be invalid, such adjudication shall not
affect, impair or invalidate any other provision hereof, but shall
be confined in its operation to the provision or provisions directly
involved in the proceeding in which such adjudication shall have been
rendered.
[Amended 3-7-1973 by L.L.
No. 1-1973]
This chapter shall take effect immediately.
