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Village of Ilion – Snowmobile Code
[History: Adopted by the Board of Trustees of the Village of
Ilion 12-10-1974 as L.L. No. 5-1974. Section 191-14 added and § 191-15 amended
at the time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
General References
Noise – See Ch. 159.
Parks and Recreation Areas – See Ch. 163
Streets and Sidewalks – See Ch. 197.
Vehicles and Traffic – See Ch. 239.
§ 191-1. Title.
This chapter shall be known as and may be cited as the "
Snowmobile Ordinance of the Village of Ilion.
§ 191-2. Purpose
The purpose of this chapter is to protect the public health,
welfare and safety by regulating the operation of snowmobiles on public highways
and places in the Village of Ilion in a manner which will be compatible with the
use of such highways and places for vehicular and pedestrian travel and other
uses and which will promote the safe and proper use of snowmobiles for
recreation and commerce and minimize detrimental effects of such use on the
environment.
§ 191-3. Definitions
The terms, words and phrases used in this chapter shall have
the same meanings as such terms, words and phrases are defined in § 21.05 of the
Parks, Recreation and Historic Preservation Law.
§ 191-4. Operation subject to certain provisions.
Operation of snowmobiles on highways and streets in the
Village of Ilion, whenever herein permitted, shall be subject to the applicable
provisions of Articles 21 through 27 of the Parks, Recreation and Historic
Preservation Law and the rules and regulations of the Office of Parks,
Recreation and Historic Preservation, except as modified by the restrictions and
conditions set forth in this chapter.
§ 191-5. Operation on village streets.
A. Village streets and highways. It shall be unlawful for
any person to operate a snowmobile on any street or highway in the Village of
Ilion except the operation by a resident owner or his guests of a snowmobile
for the sole purpose of leaving the village from his place of residence by the
nearest possible route and returning from outside the village to his place of
residence by the nearest possible route.
Side of highway. For the purpose of the snowmobile
operation permitted in Subsection A above, all of the streets or highways of
the Village of Ilion are hereby designated for the purpose of operation of
snowmobiles on the extreme side of the street or highway, except those
streets and highways specifically excluded in the next following subsection
C.
Excluded streets, highways and areas. Snowmobiles shall
not be operated on the following streets, highways and other areas
designated:
(1) On County Road No. 14 (Barringer Road) from West
Main Street to Brook Street.
(2) On New York State Highway Route 5-S.
(3) On Second Street from Otsego Street to Barringer
Road.
(4) On Central Avenue from East Clark Street north to
the village line.
(5) On New York State Highway Route 51 on the portion
known as "Otsego Street" from East Clark Street south to the village
line.
(6) In any portion of the downtown business area
within the boundaries of New York State Highway Route 5-S (Clark Street)
on the north and Second Street on the south and Otsego Street on the
east and West Street on the west.
(7) On private property of another without the
express permission to do so by the owner or occupant of said property.
(8) On public school grounds, park property,
cemeteries, playgrounds, recreational areas and golf courses without
express provision or permission to do so by the proper public authority.
§ 191-6. Operation by minors.
No person under the age of ten (10) years shall operate
a snowmobile in the Village of Ilion.
B. Operation of a snowmobile in the Village of Ilion by
a person ten (10) years of age or over and less than sixteen (16) years of
age is hereby restricted and subject to the following provisions:
(1) Such an operator is defined for purposes of
this chapter as a "youthful operator."
(2) Operation by a youthful operator is subject to
the provisions of the Parks, Recreation and Historic Preservation Law
as herein modified and restricted.
(3) A youthful operator must be accompanied by and
under the immediate supervision of a snowmobile operator sixteen (16)
years of age or over, and there shall be at least one (1) such
operator sixteen (16) years of age or older for each group of three
(3) or fewer youthful operators.
§ 191-7. Hours of operation.
No person shall operate a snowmobile on or in any of the
permitted or designated streets and highways between the hours of 11:00 p.m. and
8:00 a.m., except that on Saturday, Sunday and holidays the prohibited hours
shall be between 1:00 a.m. and 8:00 a.m. Holidays shall be Thanksgiving Day,
Christmas, New Year’s Day, Washington’s Birthday, Lincoln’s Birthday and Easter.
§ 191-8. Speed restricted.
No person shall operate a snowmobile within the Village
of Ilion at a speed greater than ten (10) miles per hour.
§ 191-9. Additional provisions for operation on highways.
Emergency. A snowmobile may be operated on a highway
for the purpose of an emergency as authorized by § 25.05,
Subdivision 2, of the Parks, Recreation and Historic Preservation Law.
No person shall operate a snowmobile on any street or
highway except on the right side of the right-of-way, traveling in a
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.
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.
No person shall operate or ride upon a snowmobile
unless he wears a protective helmet 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.
§ 191-10. Obedience to traffic controls.
Each person operating a snowmobile on any village street
or highway 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 or other law enforcement
officer authorized to direct or regulate traffic.
§ 191-11. Unlawful operation.
It shall be unlawful for any person to operate a
snowmobile under the following circumstances:
In a manner so as to create loud, unnecessary or unusual
noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to
endanger the safety of any person or the property of any other person.
§ 191-12. Unattended snowmobiles unlawful.
It shall be unlawful for any owner or operator to leave or
allow a snowmobile to be left unattended on any village highway or public place.
§ 191-13. Right – of – way.
Pedestrians and all other motor vehicles, including
snowplows, shall have the right-of-way over all snowmobiles operated within the
village.
§ 191-14. Operation in Russell Park.
Operation of snowmobiles in Russell Park shall be subject
to the applicable provisions of Articles 21 through 27 of the Parks,
Recreation and Historic Preservation Law and the rules and regulations of the
Office of Parks, Recreation and Historic Preservation, except as modified by
the restrictions and conditions set forth in this chapter.
It shall be unlawful for any person to operate a snowmobile
in Russell Park at a time, at a place and in a manner contrary to this
chapter.
Excluded areas. Snowmobiles shall not be operated in the
area called "the bowl", the ice skating rink or on the main park road between
Phillip Street and Highland Avenue or in any other area other than the back
park roadways or on any trail marked or designated with signs.
§ 191-15. Penalties for offenses. [Amended 1-27-1992 by L.L.
No. 2-1992]
Unless otherwise provided in the Vehicle and Traffic Law,
any person commiting an offense against any provision of this chapter shall be
guilty of a violation and, upon conviction thereof, shall be punishable for each
offense by a fine of not more than two hundred fifty dollars ($250.00) or by
imprisonment for not more than fifteen (15) days, or both.
§ 191-16. When effective.
This chapter shall take effect immediately upon its
filing in accordance with the provisions of § 27 of the Municipal Home Rule Law;
provided, however, that no snowmobile shall be operated under the provisions
hereof until such time as the signs and markers are installed or constructed in
accordance with the requirements of Article 25 of the Parks, Recreation and
Historic Preservation Law and the Rules and regulations of the New York State
Office of Parks, Recreation and Historic Preservation.
