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.
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.
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.
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.
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.
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.