§ 105‑1 SNOWMOBILES § 105‑2
Chapter 105
SNOWMOBILES
§ 105‑1. Registration and numbering required.
§ 105‑2. Prohibited acts.
§ 105‑3. Operation on streets and highways.
§ 105‑4. Special events.
§ 105‑5. Equipment.
§ 105‑6. Youthful operators.
§ 105‑7. Liability for negligence.
§ 105‑8. Penalties for offenses.
[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.
§ 105‑1. Registration and numbering required.
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.
§ 105‑2. Prohibited acts.
It shall be unlawful for any person to drive or operate a snowmobile in the following unsafe or harassing ways:
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§ 105‑2 BRUTUS CODE § 105‑3
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 (1) 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.
§105‑3. Operation on streets and highways.
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.
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§ 105‑4 SNOWMOBILES § 105‑6
§ 105‑4. Special events.
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.
§ 105‑5. Equipment
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 eighty‑two (82) decibels as measured on the A‑scale at fifty (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 seventy‑three (73) decibels.
§ 105‑6. Youthful operators.
No person under the age of sixteen (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 ten (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 eighteen (18) or a person over fourteen (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 sixteen (16) unless the operator is a holder of a valid snowmobile safety certificate.
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§ 105‑7 BRUTUS CODE § 105‑8
§ 105‑7. Liability for negligence.
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.
§ 105‑8. Penalties for offenses.
Failure to comply with this chapter shall be deemed a violation punishable by fine of not more than one hundred dollars ($100.) or by imprisonment of not more than fifteen (15) days, or both.
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