[HISTORY: Adopted by the Town Board of the Town of Brutus 12-30-1970
as L.L. No 2-1970. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 118.
After January 1, 1971, no person shall operate or permit to be operated
a snowmobile in the Town of Brutus unless it is registered and numbered according
to the laws of the State of New York.
It shall be unlawful for any person to drive or operate a snowmobile
in the following unsafe or harassing ways:
A.
Imprudent speed: at a rate of speed greater than reasonable
or proper under the surrounding circumstances.
B.
Reckless operation: in a careless, reckless or negligent
manner so as to create an actual risk to the person or property of another
or to cause injury or damage thereto.
C.
Intoxication and drugs: while in an intoxicated condition
or under the influence of narcotics or drugs, as intoxication is defined by
the New York State Vehicle and Traffic Law regarding such operation of a motor
vehicle.
D.
Lights: between sunset and sunrise (or when required
for safety) without displaying at least one lighted headlight and lighted
taillight.
E.
On lands of another: on private property without consent
of the owner or tenant thereof. Any person operating a snowmobile upon lands
of another shall stop and identify himself upon request of the landowner or
his duly authorized representative and, if requested to do so by said landowner
or tenant, shall promptly remove said snowmobile from the premises.
A.
All streets and highways of the Town of Brutus shall
be open to snowmobile travel, and it shall be lawful for any snowmobile to
use and travel on the streets of the Town of Brutus unless otherwise prohibited
specifically by the Environmental Conservation Law. The snowmobile shall yield
the right-of-way to all other traffic and pedestrians which constitute an
immediate hazard. All snowmobiles shall be covered by liability insurance
of the type, coverage and minimum amount as defined and required of owners
and operators of motor vehicles by the New York State Vehicle and Traffic
Law.
B.
Snowmobiles operated on streets and highways shall use
the right side of the right-of-way and shall proceed in the same direction
as highway traffic. They shall travel single file and shall not ride tandem
or abreast of each other except in overtaking another snowmobile.
No special event shall be held within the limits of the Town of Brutus
unless application is made to the Town Board and a permit is granted.
All snowmobiles operated in the Town of Brutus shall be equipped with:
A.
Lights, brakes and reflective material in compliance
with the Environmental Conservation Law.
B.
An adequate muffler system in good working condition.
All snowmobiles manufactured after June 1, 1972, shall be equipped with a
muffler that limits engine noise to not more than 82 decibels as measured
on the A-scale at 50 feet, and all snowmobiles manufactured after June 1,
1974, shall be equipped with a muffler system that limits engine noise to
not more than 73 decibels.
No person under the age of 16 shall operate or be permitted to operate
a snowmobile on the town highways except where said highway is a properly
marked snowmobile trail. No person under the age of 10 years shall operate
a snowmobile in the Town of Brutus except upon lands owned or leased by his
parents or guardian unless he is accompanied by a person over 18 or a person
over 14 who holds a snowmobile safety certificate. After October 1, 1971,
no owner of a snowmobile shall authorize or permit the operation thereof within
the Town of Brutus by any person under the age of 16 unless the operator is
a holder of a valid snowmobile safety certificate.
Negligence in the use or operation of a snowmobile is attributable to
the owner. Every owner of a snowmobile used or operated in this town shall
be liable and responsible for death or injury to persons 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 this chapter shall be deemed a violation punishable
by fine of not more than $100 or by imprisonment of not more than 15 days,
or both.
