[HISTORY: Adopted by the Town Board of the Town of Cato 1-16-1973,
Sections 91-3A, 91-5A and 91-8 amended at time of adoption of Code; see Ch.
1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
94.
After February 5, 1973, no person shall operate or permit to be operated
a snowmobile in the Town of Cato unless it is registered and numbered according
to the laws of the State of New York.
It shall be unlawful for any person to drive or operate a snowmobile
in the following unsafe or harassing ways:
A. Imprudent speed: at a rate of speed greater than reasonable
or proper under the surrounding circumstances.
B. Reckless operation: in a careless, reckless or negligent
manner so as to create an actual risk to the person or property of another
or to cause injury or damage thereto.
C. Intoxication and drugs: within an intoxicated condition
or under the influence of narcotics or drugs as defined by § 114-a
of the Vehicle and Traffic Law.
D. Lights: between sunset and sunrise or when required for
safety without displaying at least one lighted headlight and lighted taillight.
E. On private land.
[Amended 5-4-1993 by L.L. No. 2-1993]
(1) All snowmobile operators and/or organizations, shall
obtain from the property owner, or his or her agents, written permission to
enter upon and cross over his/her land for any reason whatsoever. In addition,
all snowmobile operators and/or organizations must covenant to hold harmless
the property owner from any responsibility or liability whatsoever resulting
from an accident as a result of the snowmobile traversing the property.
(2) Any snowmobile operator and/or organization traveling
upon the private land of an individual shall be deemed to be unlawfully thereon
and shall therefore be deemed to be in violation of this section.
A. The shoulders of all streets and highways of the Town
of Cato shall be open to snowmobile travel, and it shall be lawful for any
snowmobile to use and travel on the shoulders of the streets of the Town of
Cato unless otherwise prohibited specifically by the Parks, Recreation and
Historic Preservation Law. The snowmobile yields to the right-of-way of all
other traffic and pedestrians which constitute an immediate hazard.
[Amended 7-2-1991 by L.L. No. 1-1991]
B. Snowmobiles operated on the shoulders of the streets
and highways shall use the right side of the right-of-way and shall travel
in the same direction of highway traffic and shall travel single file and
shall not ride tandem or abreast of each other except in overtaking another
snowmobile.
C. No person under the age of 16 years shall operate a snowmobile
on any part of the Town of Cato highways.
No special events shall be held within the limits of the Town of Cato
unless application is made to the Town Board.
All snowmobiles operated in the Town of Cato shall be equipped with:
A. Lights, brakes and reflective material in compliance
with the Parks, Recreation and Historic Preservation Law.
[Amended 7-2-1991 by L.L. No. 1-1991]
B. An adequate muffler system in good working condition.
All snowmobiles manufactured after June 2, 1972, shall be equipped with a
muffler that limits engine noise to not more than 82 decibels as measured
on the A scale at 50 feet. All snowmobiles manufactured after June 1, 1974,
shall be equipped with a muffler system that limits engine noise to not more
than 73 decibels.
No person under the age of 16 years shall operate a snowmobile in the
Town of Cato except upon the lands owned or leased by his parents or guardian.
No owner of a snowmobile shall authorize or permit the operation thereof within
the Town of Cato by any person under the age of 16 years unless the operator
is a holder of a valid snowmobile safety certificate.
A. Negligence in the use or operation of a snowmobile is
attributable to the owner. Every owner of a snowmobile used or operated in
this town shall be liable and responsible for death or injury to persons or
damage to property resulting from negligence in the use or operation of such
snowmobile by any person using or operating the same with the permission,
express or implied, of such owner; provided, however, that such operator's
negligence shall be attributed to the owner as to any claim or cause of action
occurring to the operator or his legal representatives for such injuries or
death.
B. Each owner of a snowmobile shall carry a liability insurance
of at least $10,000/$20,000 if it is to be driven on any land other than his
own or on the shoulders of any public highway or public lands owned by the
Town of Cato.
[Amended 7-2-1991 by L.L. No. 1-1991]
A. No snowmobiles shall be operated on a Township of Cato
shoulder of a highway when wind and blizzard conditions reduce visibility
to 300 feet or less, except as in an emergency as defined by § 25.05
of the Parks, Recreation and Historic Preservation Law.
B. No person shall be permitted to operate a snowmobile
on a Township of Cato shoulder of a highway or land owned by the Township
of Cato between the hours of 1:00 a.m. and 6:00 a.m., Monday through Friday,
except in an emergency as defined by § 25.05 of the Parks, Recreation
and Historic Preservation Law.
[Amended 5-4-1993 by L.L. No. 2-1993]
Any snowmobile operator and/or organization found to be in violation
of this chapter shall be subject to a fine of not less than $25 nor more than
$1,000.