The purpose of this article is to protect the
public health, welfare and safety by regulating the operation of snowmobiles
on public highways and places in the City 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.
As used in this article, the following terms
shall have the meanings assigned to them below:
A mound, pile or ridge of snow on the edge of a highway accumulated
from natural snowfall or by snowplowing operations.
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 purpose of vehicular traffic.
The portion of a snowbank immediately adjacent to the shoulder
of the roadway.
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 under way.
Every person who operates or is in actual physical control
of a snowmobile.
The portion of a snowbank outside the crest thereof and farthest
removed from the roadway.
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.
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.
That portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the 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.
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.
The operation of snowmobiles within any public
park or playground is hereby prohibited, except where posted for snowmobile
use.
[Amended 12-21-2010 by L.L. No. 4-2010]
Snowmobiles shall not be operated on state,
county or City highways except as specifically authorized under this
article, and as provided in the Parks, Recreation and Historic Preservation
Law of the State of New York.
[Amended 2-19-1985; 12-19-2000 by L.L. No. 6-2000; 6-21-2001; 12-21-2010 by L.L. No. 4-2010]
The operation of snowmobiles on public streets
within the City shall be subject to all other provisions of this article,
and to the following specific restrictions:
A.
In addition to the crossing of streets at approximately right angles to gain access to other streets and other property upon which operation is lawful, snowmobiles may be operated only upon designated trails as provided in § 180-58 of this article, and also upon the streets listed in Subsection B hereafter solely for the purpose of gaining access to authorized and designated snowmobile trails both within and outside the City of Oneida.
B.
The following
streets within the City of Oneida are hereby designated for the use
and operation of snowmobiles on the shoulder and inside bank thereof
as authorized by the Parks, Recreation and Historic Preservation Law
of the State of New York:
(1)
North
Lake Street, between Verona Street and North Main Street (Route 46).
(2)
Williams
Street, between the Penn-Central main line and the northerly City
limits.
(3)
Cobb
Street, between Williams Street and Canal Road.
(4)
Canal
Road, between Schoolheimer Road and Cobb Street.
(5)
Dump
Road, from Route 5 to a point 2,700 feet south of Route 5.
(6)
Stephen
Street, between Lenox Avenue and East Walnut Street.
(7)
Lake
Road (Route 316) between North Main Street (Route 46) and Canal Road.
(8)
Bennett
Road, between the boundary line of Madison County and Harden Street.
[Added 1-18-2022 by L.L. No. 2-2022]
[Amended 2-19-1985; 2-20-2007 by Ord. No. 07-02; 12-21-2010 by L.L. No. 4-2010]
No person shall operate a snowmobile within
125 feet of a dwelling, unless traveling in a location specifically
authorized under this article. No snowmobile shall be operated within
the Inside District of the City of Oneida between the hours of 11:00
p.m. and 6:00 a.m.
It shall be unlawful for any person to operate
a snowmobile on any public lands or places of the City unless the
owner or operator of such snowmobile is insured against public liability
and carries with him proof of financial responsibility in the manner
prescribed by the Office of Parks and Recreation and of the minimum
amount as provided in 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
either personal injury or damage to property as a result of the operation
of such snowmobile by any such owner or operator. Failure to produce
such proof of financial responsibility shall be presumptive evidence
of operating a snowmobile without insurance against public liability.
Upon the production of such proof of financial security, such presumption
is removed.
No person shall operate a snowmobiles within
the streets or highway right-of-way of the City except on the right
side of such right-of-way and in the same direction as the traffic.
Operation on other public places shall be only in the direction, if
any, marked by appropriate route direction markers.
It shall be unlawful for any owner or operator
to leave or allow a snowmobile to be left unattended on any City highway
or public place, while the motor is running, or with any key for starting
the same left in the ignition or elsewhere in said snowmobile. It
shall be unlawful for any person to allow the motor of a halted snowmobile
to remain in a running position for more than five minutes.
Each person operating a snowmobile on any City
highway or street 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 officer or other law enforcement officer authorized to direct
or regulate traffic.
It shall be unlawful for any person to operate
a snowmobile on the public streets or highways who is under the age
of 16 years unless accompanied by and under the control and supervision
of a parent or legal guardian and in such event such youthful operator
shall possess a New York state snowmobile safety certificate.
It shall be unlawful for any person to operate
a snowmobile into or through an intersection of streets or highways
which is not controlled by a traffic control device, without first
bringing it to a complete stop and granting the right-of-way to pedestrians
and all other traffic.
It shall be unlawful for any person to operate
a snowmobile upon any sidewalk or right-of-way reserved only to pedestrians
except to cross it at approximately right angles to gain access to
property upon which operation is lawful. The right-of-way, during
such a crossing, is granted to pedestrians.
[Amended 12-21-2010 by L.L. No. 4-2010]
It shall be unlawful for any person to operate
a snowmobile at a speed greater than 20 miles per hour within the
Inside District of the City of Oneida.
[Added 12-21-2010 by L.L. No. 4-2010[1]]
Other than the operation upon the portions of streets authorized under § 180-48 of this article, snowmobiles may be operated within the Inside District of the City only upon trails designated for such operation by the Common Council and authorized for such use by the owners of the properties over which the trail(s) may cross. Such authorized and designated trail(s) shall be depicted on a map to be designated and titled as the “City of Oneida Inside District Snowmobile Trail Map,” which map shall be approved, and from time to time amended, by resolution of the Common Council, and as so approved and amended, filed in the office of the City Clerk. Prior to approving or amending said map, the Common Council shall determine that there is on file in the City Clerk’s office a written consent form, signed and acknowledged on behalf of each and all owners of property over which the authorized and designated trail(s) may cross, granting permission for such trail(s) to cross over their properties. In the event a property owner revokes the permission granted for the trail to cross over his property, neither the City nor the Common Council shall be responsible for amending the map, or correcting any City signage placed in relation to the map, for a period of 45 days following the date of filing of a signed and acknowledged instrument documenting such revocation of permission in the office of the City Clerk.
[1]
Editor’s Note: Former § 180-58, Operator’s
position, was deleted pursuant to L.L. No. 4-2010.
It shall be unlawful for anyone to operate a
snowmobile on a street or highway in the City unless the snowmobile
is equipped with at least one headlight and taillight illuminated
at all times. Said lights shall comply in all respects with the provisions
of the Parks, Recreation and Historic Preservation Law of the State
of New York as they are enacted and amended from time to time.
It shall be unlawful to operate a snowmobile
on a public street or highway in the City in any other manner than
single file and as near to the right-hand curb or snowbank as practicable.
[Amended 12-21-2010 by L.L. No. 4-2010]
It shall be unlawful for any person to operate
a snowmobile in the City of Oneida which is out of repair, overloaded,
or intentionally modified from its original factory condition in such
a manner as to create loud or unnecessary grating, grinding, rattling
or other noise. Noise of such character, intensity and/or duration
as to disturb public comfort, peace or repose is hereby declared to
be a public nuisance, and is hereby prohibited. Any operation of a
snowmobile which has had any portion of its exhaust system modified
from its original factory condition, resulting in an increase in the
level and/or intensity of the sound emitted by the engine compared
to the sound emitted by the engine in its original factory condition,
is prohibited and declared to be a public nuisance per se and a violation
under this article.
Failure to comply with any of the provisions
of this article shall be deemed an offense and the violator or offender
shall be as follows:
A.
For the first or second offense, not less than $50,
nor more than $200.
B.
For the third or subsequent offense, not less than
$100, nor more than $300.
[1]
Editor’s Note: This ordinance also provided for an effective
date of 1-1-2010.
