Town of Forestburgh, NY Chapter 136 Snowmobiles

[HISTORY: Adopted by the Town Board of the Town of Forestburgh 5-11-1978 by L.L. No. 2-1978 as Ch. 70 of the 1978 Code. Amendments noted where applicable.]

§ 136-1 Legislative intent.

The purpose of this chapter is to protect the public health, welfare and safety by regulating the operation of snowmobiles within the Town of Forestburgh 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 highways and other lands of the Town compatible with the use for vehicular and pedestrian travel and other uses.

§ 136-2 Legislative authority.

This chapter is enacted pursuant to the provisions of Articles 21 and 25 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 as amended.

§ 136-3 Definitions.

For the purpose of this chapter, the definition of words, phrases and terms adopted by §§ 21.05 and 1.03 of the Parks, Recreation and Historic Preservation Law or by rules and regulations of the Office of Parks and Recreation supplemental thereto are incorporated herein. Whenever the word "Town" is used herein, reference shall be to the Town of Forestburgh.

§ 136-4 Operation on Town highways.

A. Unplowed roads. The following Town highways are hereby determined, identified and designated as customarily unplowed and unused during the winter months for vehicle travel within the meaning of Subdivision 5 of § 25.05 of the Parks, Recreation and Historic Preservation Law, and snowmobiles may be operated thereon:

(1) Town Road No. 4, also known as Carpenter Road.

(2) Town Road No. 10, also known as King Road.

(3) Town Road No. 22, also known as Tannary Road, except the portions of said road now plowed.

B. Operation on shoulders. Snowmobiles may be operated on the shoulders and inside banks of all other Town highways not mentioned in § 136-4A herein.

§ 136-5 Conditions and restrictions.

Whenever the operation of a snowmobile is permitted on any highway of the Town as provided by § 136-4 above, the following conditions and restrictions are hereby established and shall be applicable to all such snowmobile operation:

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. 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, and the snowmobile operator shall be subject to the other provisions as to operation contained in § 25.03 of the Parks, Recreation and Historic Preservation Law.

C. Unnecessary noise. It shall be unlawful to operate a snowmobile, except at special events sanctioned and approved by the Office of Parks and Recreation, 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 cutout, bypass or any other device to defeat the operation of a muffler in good working condition.

D. Financial security. Any owner or operator of a snowmobile shall comply with the provisions of § 25.13 of the Parks, Recreation and Historic Preservation Law relative to liability insurance and financial security and be subject to the provisions of § 25.23 of said law as to liability for negligence.

E. Registration. Each snowmobile shall be registered as provided in §§ 2222 to 2226 of the Vehicle and Traffic Law.

F. Obedience to traffic controls. Each person operating a snowmobile shall observe strictly all signs, signals and markers erected by any governmental agency with respect to snowmobiles and vehicular traffic and rules and regulations applicable to vehicular traffic.

§ 136-6 Penalties for offenses. [1]

Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 136-7 When effective.

This chapter shall take effect when signs and markers are erected in compliance with rules and regulations of the State Office of Parks and Recreation or the State Department of Transportation, but in no event less than 10 days after posting and publication of the chapter or upon personal service as provided in § 133 of the Town Law.