Town of Berne, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Berne as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 135.
Vehicles and traffic — See Ch. 183.
[Adopted 2-8-1968]
The purpose of this article is to protect the public health, welfare and safety by regulating the operation of snowmobiles within the Town of Berne 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 the highways and other lands of the Town compatible with the use for vehicular and pedestrian travel and other uses.
This chapter shall hereafter be known and cited as the "Town of Berne Snowmobile Ordinance."
For the purpose of this article, the following terms shall have the following meanings:
DEPARTMENT
The Conservation Department of the State of New York.
HIGHWAY
The entire width between boundary lines of a highway, including both the traveled portion and right-of-way.
PERSON
An individual, partnership, corporation or any body of persons whether incorporated or not.
SNOWMOBILE
A self-propelled vehicle designed for travel on snow and ice steered by skis or runners and supported in part by belts, skis or cleats.
SUPERINTENDENT
The Highway Superintendent of the Town then holding such office.
SUPERVISOR
The Supervisor of the Town then holding such office.
TOWN
The Town of Berne.
[Amended 3-9-2005 by L.L. No. 1-2005]
A. 
The Town Board is hereby empowered to designate from time to time those Town highways upon which the operation of snowmobiles is permitted. Such designated highways or portions thereof shall be identified by markers in such manner as may be provided by rules and regulations of the Commissioner.
B. 
Notwithstanding the provisions of Subsection A hereof, snowmobile traffic may be permitted on any Town highway in the case of a snow emergency so designated by the Supervisor and for an emergency purpose when specifically permitted by a state police officer, deputy sheriff, Town constable or the Superintendent.
C. 
Designation by the Superintendent as provided in Subsections A and B of this section shall be accomplished as follows: The Superintendent shall post a list of the roads to be so designated at the Town Garage and in three public places in the Town. Aggrieved persons shall have 20 days within which to appeal the determination of the Superintendent to the Town Board in writing. In the absence of such an appeal, the Superintendent’s designation shall be official. In the event of such appeal, a hearing shall be held and the decision of the Town Board shall be final. Deletions and changes shall be made in the same manner.
Snowmobile operations within the Town shall be subject to the following:
A. 
Public or private lands. 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 occupant.
B. 
Park areas. No snowmobile shall be operated in an area designated or used as a public park.
C. 
Sidewalks. It shall be unlawful to operate a snowmobile upon a public sidewalk or walkway.
D. 
School areas. No snowmobile shall be operated within 500 feet of any property occupied and used as a school between the hours of 8:00 a.m. and 4:00 p.m. except during school vacation periods.
E. 
Quiet zones. No snowmobile shall be operated at any time within 500 feet of property occupied and used as a hospital, sanitarium, nursing or rest home.
F. 
Speed limit. It shall be unlawful to operate a snowmobile on any Town highway described herein or on any portion thereof at a rate of speed greater than reasonable or proper under the surrounding circumstances.
G. 
Prohibited operating hours. It shall be unlawful to operate snowmobiles on any Town highway described herein or on any portion thereof between the hours of 12:00 midnight to 8:00 a.m.
H. 
Unnecessary noise. 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 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, bypass, or any other device to defeat the operation of a muffler in good working condition.
[Amended 3-9-2005 by L.L. No. 1-2005]
I. 
Financial security. It shall be unlawful for any person 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 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.
J. 
Obedience to vehicular traffic controls. Each person operating a snowmobile on any road or highway within the Town 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.
[Amended 3-9-2005 by L.L. No. 1-2005]
The owner of a snowmobile used or operated in this Town shall be liable and responsible for death or injury to person 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 not be attributed to the owner as to any claim or cause of action accruing to the operator or his legal representative for such injuries or death.
Failure to comply with any of the provisions of this article shall be deemed a violation and the violator shall be liable to a fine of not less than $5 nor more than $100, except that violation of § 159-5I shall be deemed a misdemeanor and the violator shall be liable to a fine of not less than $50, nor more than $250 and 30 days in jail.
[Amended 3-9-2005 by L.L. No. 1-2005]
This chapter shall be effective immediately, except that no snowmobiles shall be operated under the authority hereof until such time as the State Office of Parks, Recreation and Historic Preservation and/or the State Department of Transportation adopts rules and regulations with respect to the size, design, color and location of road and traffic signs or markers, required as provided in this article and such signs are erected in compliance with such rules and regulations.
[Adopted 11-28-2012 by L.L. No. 5-2012]
The purpose of this article is to designate portions of Town roads for access to snowmobile trails.
Pursuant to the authority and provisions of §§ 25.05 and 25.09 of the Parks, Recreation and Historic Preservation Law, the Town Board of the Town of Berne is authorized to designate portions of Town roads for access to snowmobile trails.
The Town Board, pursuant to § 25.05, Subdivision 7, of the Parks, Recreation and Historic Preservation Law to allow the operation of snowmobiles for the purposes of access to adjacent snowmobile trails, hereby designates the following roads for said purposes:
A. 
Lawton Hollow Road from the Albany County line to Bradt Hollow Road.
B. 
Bradt Hollow Road from Lawton Hollow Road to snowmobile trail C7B leading to Beaver Road.
C. 
Beaver Road.
D. 
High Point Road from snowmobile trail C7B to Sickle Hill Road (Albany CR 13).
E. 
Partridge Run Road.
F. 
Gifford Hollow Road from Smalley Road south 100 yards plus or minus.
G. 
West Woodstock Road from Albany CR 1 east 100 yards plus or minus.