[HISTORY: Adopted by the Town Board of the
Town of Henrietta 1-18-1978. Amendments noted where applicable.]
The purpose of this chapter is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
within the Town of Henrietta in a manner which will promote their
safe and proper use for recreation and commerce, minimize detrimental
effects of such use on the environment and permit use of certain highways
in the Town compatible with the use for other vehicular and pedestrian
travel.
This chapter is enacted pursuant to the provisions
of § 25.09 of the Parks, Recreation and Historic Preservation
Law of the State of New York, as enacted by Chapter 660 of the Laws
of 1972 and thereafter amended.
This chapter shall hereafter be known as the
"Town of Henrietta Snowmobile Law."
The words, phrases and terms used in this chapter
shall have the meanings of those contained in the Parks, Recreation
and Historic Preservation Law or in the rules and regulations of the
Office of Parks, Recreation and Historic Preservation supplemental
thereto. Wherever the word "Town" is used herein, reference shall
be to the Town of Henrietta, unless otherwise noted.
[Amended 2-18-2015 by L.L. No. 1-2015]
No snowmobile shall be operated on any lands
owned or occupied by a governmental agency or privately owned except
with the permission of any such owner, or as otherwise permitted by
this chapter.
The following streets, roads and highways in
the Town of Henrietta, or portions thereof, as hereinafter set forth,
are hereby designated as highways for the operation of snowmobiles
for the purpose of this chapter as well as for the purpose of § 25.05
of the New York State Parks, Recreation and Historic Preservation
Law:
|
Name of Highway
|
Limits
|
|---|---|
|
Middle Road
|
From Lehigh Station Road south to the Rush town
line
|
|
Martin Road
|
From Middle Road to Telephone Road
|
|
Telephone Road
|
From West Henrietta Road to the Rush town line
|
|
Ward Hill Road
|
From East Henrietta Road to Pinnacle Road
|
|
Pinnacle Road
|
From the New York State Thruway bridge to the
Rush town line
|
|
Williams Road
|
From Pinnacle Road to Wardell Road
|
|
Wardell Road
|
From Williams Road to the Rush town line
|
|
Reeves Road
|
From Pinnacle Road to Tobin Road
|
|
Tobin Road
|
From Reeves Road to the Pittsford town line
|
Snowmobiles may be operated on the following portions of the highways in the Town of Henrietta designated by § 230-6 hereof, and only in accordance with the rules hereinafter set forth:
A.
Shoulders and inside banks. On the shoulders and inside
banks of such highways where identified by appropriate road markers.
B.
Roadways. On roadways of such highways or portions
thereof in case the outside banks or shoulders are determined by the
Town to be impassable or nonexistent by reason of prevailing snow
conditions or conditions of terrain.
C.
Access areas. On such designated highways, for a distance
not to exceed 500 yards, when, in the determination of the Town, it
is otherwise impossible for snowmobiles to gain access to areas or
trails adjacent to the highway, for the purpose only of gaining access
to and from the areas of operation.
D.
Limitation on highway operation.
(1)
It shall be unlawful to operate a snowmobile on any
designated Town highway or on any portion thereof at a rate of speed
greater than reasonable or proper under the surrounding circumstances,
but at no time at a rate of speed in excess of 20 miles per hour.
(2)
Operators of snowmobiles on designated Town highways
must be at least 18 years of age, or as stated in Parks, Recreation
and Historic Preservation Law § 25.19.
[Amended 2-18-2015 by L.L. No. 1-2015]
(3)
It shall be unlawful to operate snowmobiles on any
designated Town highways or on any portion thereof between the hours
of 12:00 midnight and 8:00 a.m.
(4)
It shall be unlawful to operate a snowmobile, except
at special events sanctioned and approved by the Office of Parks,
Recreation and Historic Preservation, in any manner which makes 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 or endangers the health, safety, comfort
or repose of the public. No person shall use a muffler cutout, bypass
or any other device to defeat the operation of the muffler in good
working condition.
(5)
It shall be unlawful for any persons to operate a
snowmobile on any road or highway within the Town unless such person
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
by § 25.13 of the Parks, Recreation and Historic Preservation
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
personal injury or damage to property as a result of the operation
of such snowmobile by any such owner or operator.
(6)
Each person operating a snowmobile on any road or
highway within the Town shall strictly observe any vehicular traffic
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. All snowmobiles operated on Town highways shall travel in
single file, shall not travel tandem or abreast of each other, except
in overtaking another snowmobile, and shall travel on the right side
of the road in the same direction as the flow of vehicular traffic.
All other pertinent provisions of the New York
State law, including but not limited to the Parks, Recreation and
Historic Preservation Law as amended, are incorporated herein except
as to those modifications set forth in this chapter. In case of inconsistency
between the provisions of state law and this chapter, the stricter
or more limiting provisions shall govern.
[Amended 2-18-2015 by L.L. No. 1-2015; 9-27-2023 by L.L. No. 9-2023]
A.
Failure
to comply with this chapter shall constitute a violation, and, upon
conviction thereof, shall be subject to a fine in the minimum amount
of $50, up to a maximum amount of $250.
B.
Remedies
not exclusive. No remedy or penalty set forth herein shall be the
exclusive remedy available, and each remedy or penalty set forth herein
shall be in addition to other remedies which may be available to the
Town.
