[HISTORY: Adopted by the Town Board of the
Town of Queensbury as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-10-1976 by Ord. No. 43]
A.
TOWN
As used in this article, the following terms shall
have the meanings indicated:
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.
[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.
[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:
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
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.
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.
