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 Van Buren 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 meanings:
HIGHWAY
The entire width between boundary lines of any right-of-way or property
owned in fee by the Town of Van Buren when any part thereof is open to the
use of the public, as a matter of right, for the purpose of travel and access.
MUNICIPAL CORPORATION
Includes a county, city, town, village, school 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 than a lien holder, having the property in or title
to a snowmobile.
PERSON
Includes an individual, a partnership, corporation, municipal corporation,
the state and its agencies and subdivisions, and any body of persons, whether
incorporated or not.
ROADWAY
That portion of the highway which is designed, paved and improved
or ordinarily used for vehicular travel.
SHOULDER
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 centermost 16 feet of the roadway and the drainage ditches.
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 snowmobiles of
limited duration which is conducted according to a prearranged schedule and
duly permitted by the State of New York.
Operation of snowmobiles on highways of the town shall be subject to
the applicable provisions of Title D of the Parks, Recreation and Historical
Preservation Law of the State of New York, the Rules and Regulations of the
State Office of Parks and Recreation, and the rules, restrictions and conditions
set forth in this chapter.
A. Only the following highways of the town are hereby designated
as uncontested for the purpose of operating snowmobiles on the shoulders thereof
as authorized by Title D of the Parks, Recreation and Historical Preservation
Law:
(7) East Dead Creek Road (south end) between State Routes
31 and 173.
(8) Conners Road between Van Buren Road and Perry Road.
B. Operation of snowmobiles shall be permitted on the shoulder of all other town highways, roads and streets for the purpose of gaining access to and from an open, off-road area of operation adjacent to said town highways, roads and streets, subject to the provisions contained in §
156-5 of this chapter.
C. All highways may be used by snowmobiles for emergency
travel only when a state of emergency has been declared by the Town Supervisor
by reason of snow accumulation which renders travel by automobile impracticable.
Subject to the restrictions and conditions in §
156-5 of this chapter, and the Rules and Regulations of the State Office of Parks and Recreation and the Rules and Regulations of the Town of Van Buren Parks and Recreation Department, snowmobiles may be operated only on or along designated and marked trails in town parks.
Whenever the operation of a snowmobile is permitted on a highway or
portion thereof, or in parks of the town, as provided in this chapter, the
following conditions and restrictions are hereby imposed on all such snowmobile
operations:
A. Public or private lands. No person shall operate a snowmobile
or permit a snowmobile to be operated on any lands owned, occupied by or under
the jurisdiction of the town, or on privately owned lands, except with the
permission of the town, or the owner or lessee.
B. Direction of travel. No person shall operate a snowmobile
within a highway of the town, except on the right side of such highway and
in the same direction as other vehicular traffic. Operation on other public
places shall be only in the direction marked by appropriate route direction
signs.
C. Speed. No person shall operate a snowmobile at an imprudent
speed or in a reckless way or in any other such manner as to endanger life
or property.
D. Visibility. Except in case of emergency, no person shall
operate a snowmobile on a highway under conditions wherein visibility has
been reduced below 100 feet.
E. Financial security. It shall be unlawful for any person
to operate or permit the operation of a snowmobile on a highway or public
lands unless the owner or operator of such snowmobile is insured against public
liability and the operator carries with him proof of financial responsibility,
such as a certificate of liability insurance of the type, coverage and 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 upon
request be displayed by the operator of any snowmobile 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 such operator.
F. Unattended snowmobiles. It shall be unlawful for any
owner or operator to leave a snowmobile or allow a snowmobile to be left unattended
on any town road.
G. Obedience to vehicular traffic controls. Each person
operating a snowmobile on a town road shall observe and strictly obey all
vehicular traffic signs and signals and all other rules and regulations applicable
to vehicular traffic, and shall obey the orders and directions of state or
local police or other law enforcement officer authorized to direct and regulate
traffic.
H. Age of operator. For persons 16 years of age or older,
no operator's license or permit is required. Children at least 10 years
of age but not yet 16 must obtain a snowmobile safety certificate to operate
a snowmobile on other than family-owned or leased lands. Children under 10
years of age may operate a snowmobile on other than family-owned or leased
lands only when accompanied by a person 18 years of age or older or by a person
at least 14 years of age who holds a snowmobile safety certificate. No person
under 10 years of age may operate a snowmobile on or across any public highway.
The Town of Van Buren does not extend any assurance to owners, operators
or occupants of snowmobiles or to any other person that any public lands,
trails, rights-of-way, streets or highways, or the shoulders or snowbanks
thereof, upon which the operation of snowmobiles are permitted, are safe for
such purpose; nor does the town assume responsibility or incur liability for
any injury to person or property caused by an act or omission of any person
operating a snowmobile thereon.
Any person who shall violate any of the provisions of this chapter shall
be subject to a fine of not less than $5 nor more than $100 for each such
violation.