Town of Queensbury, NY
Warren County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Queensbury as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats — See Ch. 55.
Racing events — See Ch. 152, Art. I.
Vehicle and traffic regulations — See Ch. 164.
[Adopted 2-10-1976 by Ord. No. 43]
A. 
As used in this article, the following terms shall have the meanings indicated:
TOWN
The Town of Queensbury.
B. 
Terms, words and phrases used in this article shall have the same meaning as such terms, words and phrases have as defined in § 21.05 of the Parks, Recreation and Historic Preservation Law of the State of New York.
[Amended 5-24-1991 by L.L. No. 6-1991]
[Amended 5-24-1991 by L.L. No. 6-1991]
The operation of snowmobiles on highways and public ways of the Town shall be subject to the applicable provisions of Article 25 of the Parks, Recreation and Historic Preservation Law of the State of New York and the rules, regulations, restrictions and conditions set forth herein.
[Amended 7-20-2015 by L.L. No. 3-2015]
The Town Supervisor or his/her designee is hereby authorized at any time to close any street or part thereof in the Town of Queensbury to the operation of snowmobiles, which operation, in his/her judgment, may constitute a safety or health hazard.
[1]
Editor's Note: Former § 168-3, Permitted highways, amended 5-24-1991 by L.L. No. 6-1991, was repealed 2-28-2000 by L.L. No. 2-2000. Said local law also provided for the renumbering of §§ 168-4 through 168-18 as §§ 168-3 through 168-17, respectively.
[Amended 5-24-1991 by L.L. No. 6-1991]
Whenever authorized or directed by a state or local police officer, a snowmobile may be operated on any portion of the highway for the purpose of an emergency, as authorized by the Parks, Recreation and Historic Preservation Law § 25.05.
[Amended 5-24-1991 by L.L. No. 6-1991]
Whenever the operation of a snowmobile is permitted on the shoulder, roadway or inside bank of any Town street or highway, or portion thereof, as provided in this article, the following conditions and restrictions are hereby imposed to all such snowmobile operations, in addition to those requirements set forth in the Parks, Recreation and Historic Preservation Law:
A. 
Prohibited operating hours. No person shall operate a snowmobile on any Town highway between the hours of 9:00 p.m. and 7:00 a.m., except that on Fridays and Saturdays, the prohibited hours shall be between 12:00 midnight and 7:00 a.m. No person under the age of 16 years shall operate a snowmobile on any Town highway unless he or she is accompanied by a person over 18 years of age.
B. 
Financial security. It shall be unlawful for any person to operate a snowmobile on any Town highway or on any municipal property unless the owner or operator of such snowmobile is insured against public liability and carries with him proof of such financial responsibility, such as a certificate of liability insurance of the type, coverage and 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 such owner or operator.
[Amended 7-20-2015 by L.L. No. 3-2015]
C. 
Direction of operation. No person shall operate a snowmobile within the street or highway right-of-way of the Town between sunrise and sunset, except on the right side of such way and in the same direction as the highway traffic. Operation in other public places shall be only in the direction, if any, marked by appropriate route direction markers.
D. 
Unattended snowmobiles. It shall be unlawful for any owner or operator to leave or allow a snowmobile to be unattended on any Town 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.
E. 
Obedience to vehicular traffic controls. Each person operating a snowmobile on any Town highway shall observe strictly all vehicular signs and signals and all other rules and regulations applications applicable to vehicular traffic and shall obey orders and directions of any state or local police officer or other law enforcement officer authorized to direct or regulate traffic.
[Added 7-20-2015 by L.L. No. 3-2015[1]]
A. 
No person shall operate a snowmobile on municipal property, including but not limited to parkland, except on those Town highways or those areas of municipal property specifically designated by the Town Board for use by snowmobiles.
B. 
No person shall operate a snowmobile on Town trails and walking paths, except for those specifically designated by the Town Board for use by snowmobiles.
[1]
Editor’s Note: This ordinance also provided for the renumbering of former §§ 168-6 through 168-9 as §§ 168-7 through 168-10, respectively.
[Amended 7-20-2015 by L.L. No. 3-2015]
A. 
A failure to comply with the provisions of this article shall be deemed a violation, and the violator shall be subject to a fine not exceeding $500 for a first offense and not exceeding $950 for a second or subsequent offense.
B. 
The parent(s), legal guardian or other person having custody of a person who is under the age of 16 years at the time of the violation of this article by such person under the age of 16 years shall likewise be guilty of a violation, if after a hearing by a court of competent jurisdiction and after a determination that such violation occurred by such person under 16 years, and shall be subject to a fine not to exceed $500 for a first offense and not exceeding $950 for a second or subsequent offense.
C. 
In addition to any fine, any person who damages municipal property shall be ordered to pay full restitution to the Town for all such damages. In the case of a person under 16 years of age, the parent(s), legal guardian or other person having custody shall be ordered to pay such restitution.
D. 
In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this article.
[Amended 5-24-1991 by L.L. No. 6-1991]
No snowmobile shall be operated under the provisions hereof until such times as the signs and markers are installed or constructed in accordance with the Parks, Recreation and Historic Preservation Law of the State of New York.
[Adopted 12-10-1985 by L.L. No. 5-1985]
The purpose of this article is to protect the public health, welfare and safety by establishing reasonable regulations concerning the use and control of all-terrain vehicles, protecting private property rights, reducing the effect on the environment of excess noise and affording opportunity for compatible enjoyment of various recreational activities on municipal and private lands within the Town of Queensbury.
As used in this article, unless the context requires otherwise, the following terms shall have the meanings indicated:
A. 
Any motorcycle or any motor vehicle not equipped in conformity for registration under §§ 401, 410, 411-b or 2261 of the Vehicle and Traffic Law of the State of New York, provided that such vehicle does not exceed 60 inches in width or 800 pounds of dry weight; and
B. 
Any motor vehicle registered under Article 48-B of the Vehicle and Traffic Law and is manufactured and sold for operation primarily on off-highway trails or in off-highway competitions and only incidentally operated on designated public highways.
MUNICIPAL PROPERTY
Property, other than Town highways, owned, leased or used by the Town of Queensbury.
[Amended 7-20-2015 by L.L. No. 3-2015]
[1]
Editor’s Note: Former § 168-10, Registration, was repealed 7-20-2015 by L.L. No. 3-2015.
It shall be unlawful for any person to drive or operate any ATV in the following unsafe or harassing manners:
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 unreasonably endanger the person or property of another to cause injury or damage thereto.
C. 
Intoxication and drugs: while in an intoxicated condition or under the influence of narcotics or drugs as defined by § 114-a of the Vehicle and Traffic Law.
D. 
On lands of another: on private property, without the consent of the owner or lessee thereof. Any person operating an ATV upon lands of another in violation of this section shall stop and identify himself upon the request of the land owner or his duly authorized representative or lessee and, if requested to do so by said landowner, representative or lessee, the ATV operator shall promptly remove said ATV from the premises.
E. 
Failure and refusal to comply: in any place at any time, failure or refusal to comply with any lawful order or direction of any police officer or other person duly empowered to enforce this article.
F. 
Within 100 feet of a dwelling, between 9:00 p.m. and 6:00 a.m., at a speed greater than minimum required to maintain forward movement of the ATV.[1]
[1]
Editor’s Note: Former Subsection G, which immediately followed this subsection and which provided that it was unlawful to drive or operate any ATV without a registration sticker or certificate, was repealed 7-20-2015 by L.L. No. 3-2015.
A. 
No person shall operate an ATV unless it is equipped with an adequate muffler system in good working condition. Muffler sound standards should reflect federal standards as established in 40 CFR 205.166E. All ATV's shall be equipped with a United States Forest Service - approved spark arrestor. Unmodified manufacturers' original equipment in good working condition shall satisfy this requirement.
B. 
No person shall operate an ATV between 1/2 hour before sunset and 1/2 hour after sunrise without displaying a handlamp and rear reflector.
No person under the age of 16 years shall operate an ATV except upon lands owned or leased by his parent or guardian, unless he is under the direct supervision of a person over 18 years of age.
[Amended 7-20-2015 by L.L. No. 3-2015]
A. 
No person shall operate an ATV on a Town highway or municipal property (which, without limitation, also includes properties managed by the Town such as the previous Faith Bible Church property, a 69.22 acre parcel acquired by the Beaverkill Conservancy, Inc., an affiliate of the Open Space Institute), except on those Town highways or those areas of municipal property specifically designated for use by ATVs.
B. 
No person shall operate an ATV on Town trails and walking paths, which includes Town trails over properties which, while owned by other persons, the Town has the right to manage or maintain the trails, whether by easement, license, lease, agreement or otherwise.
C. 
No person shall operate a motorcycle or any motor vehicle, whether registered or unregistered, on any Town trails and walking paths.
[Amended 7-20-2015 by L.L. No. 3-2015]
This article shall not apply to police or emergency vehicles or to any vehicle specifically authorized by the Town Board.
[Amended 7-20-2015 by L.L. No. 3-2015]
A. 
A failure to comply with the provisions of this article shall be deemed a violation, and the violator shall be subject to a fine not exceeding $500 for a first offense and not exceeding $950 for a second or subsequent offense.
B. 
The parent(s), legal guardian or other person having custody of a person who is under the age of 16 years at the time of the violation of this article by such person under the age of 16 years shall likewise be guilty of a violation, if after a hearing by a court of competent jurisdiction and after a determination that such violation occurred by such person under 16 years, and shall be subject to a fine not to exceed $500 for a first offense and not exceeding $950 for a second or subsequent offense. In addition to any fine, any person who damages municipal property shall be ordered to pay full restitution to the Town for all such damages. In the case of a person under 16 years of age, the parent(s), legal guardian or other person having custody shall be ordered to pay such restitution.
C. 
In addition to the aforesaid penalties, the Town Board of the Town of Queensbury may institute any proper action, suit or proceeding to prevent, restrain, correct or abate any violation of this article.
[Amended 7-20-2015 by L.L. No. 3-2015]
This article shall be enforced by the Warren County Sheriff's Department, the New York State Police, and the Code Enforcement Officers of the Town of Queensbury.