Local Law No. One of the Year 2006
of the Village of Holland Patent, New York
SECTION I PURPOSE
The purpose of this local law is to protect the public health, welfare and safety by regulating the operation of snowmobiles on streets and places in the Village of Holland Patent in a manner compatible with the use of such streets for vehicular and pedestrian travel and other uses, and which will promote the safe and proper use of snowmobiles and minimize detrimental effects of such use on the environment.
SECTION II REPEAL OF PRIOR LOCAL LAWS
The ordinance adopted December 14, 1970 regulating the operation of snowmobiles within the Village of Holland Patent is hereby repealed in its entirety.
SECTION III DEFINITIONS
For the purpose of this chapter, the word and phrases used herein are defined as follows:
ACCOMPANY - To be within a reasonable distance of the person accompanied.
SHOULDER – That portion of a highway immediately adjacent to the right side of a roadway, customarily used for emergency travel and parking.
SNOWMOBILE - Any self-propelled vehicle designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by one or more skis, belts or cleats.
VILLAGE - The Village of Holland Patent, New York.
SECTION IV OPERATION ON VILLAGE HIGHWAYS
Snowmobiles shall not be operated on state, county or village highways or streets except as permitted under Article 25 of the Parks, Recreation and Historic Preservation Law of the State of New York, the rules and regulations of the Office of Parks, Recreation and Historic Preservation of the State of New York., as applicable.
Emergencies. When authorized or directed by the Mayor, a snowmobile maybe operated on the affected portions of Village streets for the purpose of a special emergency as authorized by Subdivision 2 of § 25.05 of the Parks, Recreation and Historic Preservation Law of the State of New York.
SECTION V PARKS AND OTHER PUBLIC LANDS, OTHER THAN
STREETS AND HIGHWAYS
The use and operation of snowmobiles is strictly prohibited within any Village Park, The Village Green, so called, any playground and any other public land in the Village of Holland Patent, except where posted for such permissive use by and through Resolution of the Village Board of Trustees, and then only in conformance with the terms and conditions stated for such use.
SECTION VI SIDEWALKS
The use and operation of a snowmobile within the Village on any sidewalk is strictly
prohibited.
SECTION VII CONDITIONS AND RESTRICTIONS
Whenever the operation of a snowmobile is permitted on the shoulder of any Village
Street or portion thereof as provided by the New York State Parks, Recreations and Historic Preservation Law or upon any Village or public land when so designated by the Village, the
following additional conditions and restrictions are hereby imposed on all such operation:
A. Hours of operation. No person shall operate a snowmobile within The Village of
Holland Patent between the hours of 11:00 p.m. and 8:00 a.m.
B. Age of operators on Village streets. No person under the age of 18 years shall operate a snowmobile on any Village street or public property, except when accompanied by and under the control and supervision of a parent or legal guardian, and in such event such youthful operator must possess a New York State snowmobile safety certificate, as applicable.
C. Operation of snowmobiles on private property. No snowmobile shall be operated upon the private property of another, and no snowmobile shall be operated on right of way or easements or areas on such private land held by any Federal, State or local municipality or private or public agency, person or entity of any kind, without the consent of the owner or lessee thereof. Any person operating a snowmobile upon the lands of another in violation of this subdivision shall stop and identify himself upon the request of the landowner, his duly authorized representative or lessee, and, if requested to do so by said landowner, representative or lessee, shall promptly remove said snowmobile from the premises.
D. Unattended snowmobiles. It shall be unlawful for any owner or operator to permit any snowmobile to be left unattended on any Village street or public property while the motor is running or with the key for starting left in the ignition or other accessible position on the vehicle.
E. Speed limit. No person shall operate a snowmobile on any Village street at a speed in excess of 10 miles per hour.
F. Noise. It shall be unlawful to operate a snowmobile in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quite of other persons.
G. Careless or negligent operation. It shall be unlawful to operate a snowmobile in a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person.
H. Obedience to traffic controls. Each person operating a snowmobile on any Village highway or street shall observe strictly all vehicular traffic signs and signals and all other rules and regulations applicable to vehicular traffic and shall obey the orders and directions of any state or local police officer or other law enforcement officer authorized to direct or regulate traffic.
I. Stopping at certain intersections. It shall be unlawful for any person to operate a snowmobile into or through an intersection of streets or highways which is not controlled by a traffic control device without first bringing the vehicle to a complete stop and granting the right-of-way to pedestrians and all other traffic.
J. Position on road. It shall be unlawful to operate a snowmobile on a public Street or highway in the Village except on the right side of the right-of-way, traveling in single file, and persons shall not ride tandem or abreast of each other and shall travel on the right side of the road in the same direction as the flow of vehicular traffic, and the operator shall be in a standing position, with the snowmobile running lights on.
K. Pleasure operating prohibited. Other than on any routes for snowmobile use which may be designated hereafter by resolution of the Board of Trustees, no person shall operate a snowmobile on a Village street except for the purpose of gaining access to permitted snowmobile trails within or without the village.
L. Interference with Snowplows. No snowmobile shall be operated in any manner that would interfere with the operation of snowplows in plowing the streets or sidewalks of the Village.
M. Protective Helmets. No person shall operate or ride upon a snowmobile unless he or she wears a protective helmet of a type approved by the Commissioner of Motor Vehicles for use in the operation of motorcycle equipment pursuant to the Vehicle and Traffic Law, such helmet to be equipped with either a neck or chin strap and be reflectorized on both sides thereof.
N. Damage to Land or Improvements. No snowmobile shall be operated upon any bare earth or upon such earth lacking sufficient quantity of snow so as to cause any depression, digging up or disturbance of such earth, nor shall any snowmobile be operated over, though or between any growth on such earth including but not limited to trees, shrubbery, landscaping, flower beds or plantings of any kind.
SECTION VIII EQUIPMENT
No snowmobile shall be operated within the Village unless it is equipped, as specified in Article 25 of the Parks, Recreation and Historic Preservation Law of the State of New York, with proper brakes, muffler, head and tail lights, and other items.
SECTION IX RIGHT-OF-WAY
Pedestrians and all other motor vehicles, including snowplows, shall have the right-of-way over all snowmobiles operated within the Village of Holland Patent.
SECTION X FINANCIAL SECURITY
It shall be unlawful for any person to operate, and any owner thereof to permit to be operated, a snowmobile on any street or public land or public place in the Village unless the owner of operator of such machine is insured against public liability and carries with him proof of financial responsibility in the manner prescribed by and of the minimum amount as provided in Article 25 of the Parks, Recreation and Historic Preservation 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 vehicle by any such owner or operator. The failure to produce such proof shall be presumptive evidence of operating the vehicle without insurance against public liability.
SECTION XI RESPONSIBILITY FOR OPERATION BY MINORS
No parent or guardian shall authorize or knowingly permit his or her child or ward, if under eighteen years of age, to operate a snowmobile in violation of any provision of this local law, or any rules and regulations promulgated hereunder.
SECTION XII SEVERABILITY
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgements shall have been rendered.
SECTION XIII OFFENSES; PENALTIES FOR OFFENSES
In addition to any penalty contained in any other provisions of law, any person who shall violate any provision of this local law shall be subject by fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
SECTION XIV ENFORCEMENT
Enforcement of a violation of this local law shall be initiated by appearance ticket. The following individuals are authorized to issue appearance tickets for the enforcement of this local law: State Police Officer, County Sheriff, Village Mayor or Village Trustee, Village Safety Officer, Conservation Officer, Parks and Recreation Officer, or by any other law enforcement officer or other person so designated by the Village Board of Holland Patent.
SECTION XV EFFECTIVE DATE
This local law shall take effect immediately upon adoption and shall thereafter be filed with the Secretary of State pursuant to the provisions of the Municipal Home Rule Law of the State of New York.
