Hancock, New York

A LOCAL LAW TO REGULATE OPERATION OF SNOWMOBILES

A Local Law to regulate the operation of snowmobiles on public highways in the Town of Hancock.

Be it enacted by the Town Board of the Town of Hancock as follows:

Section 1. LEGISLATIVE INTENT. The purpose of this local law is to protect the public health, welfare and safety by regulating the operation of snowmobiles on public highways in the Town of Hancock in a manner which will be compatible with the use of such highways 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.

    Section 2. DEFINITIONS.
    (1) The terms, words and phrases used in this local law shall have the same meaning as such terms, words and phrases are defined in section 21.05 of the Parks and Recreation Law.
    (2) Whenever the work Town is used herein it shall mean the Town of Hancock.

Section 3. OPERATION ON TOWN STREETS OR HIGHWAYS. Operation of snowmobiles on highways and public ways of the Town shall be subject to the applicable provisions of articles twenty-one, twenty-three, and twenty-five of the Parks and Recreation Law, and the rules, restrictions and conditions set forth in section four of this local law.

(1) Unplowed highways. The following town highway is hereby designated as customarily unplowed for the purpose of snowmobile operation as authorized by section 21.05 of the Parks and Recreation Law:

On the Former New York Ontario & Western Railroad right of way from the hamlet of Fishs Eddy to the hamlet of East Branch.

(2) Limited operation on highway. (a) Emergency. A snowmobile may be operated on a highway for the purpose of an emergency as authorized by section 25.05 of the Parks and Recreation Law.

(b) Impassable outside bank or shoulder. A snowmobile may be operated on the roadway or inside bank of the following highways or portions thereof described herein, it being hereby determined that the outside bank or shoulder of such highways or portions are nonexistent, or by reason of normally prevailing snow conditions and conditions of terrain are impassable:

ON FROM TO

Snake Creek Road Its intersection with the easterly side of The Cadosia-Apex Highway and running in a north-easterly direction The easterly end of the Snake Creek Road the Snake Creek Road

Bear Brook Road The bridge located above the Percy Jenson property and running in a general northeasterly direction .68 miles The lands owned by the Village of Hancock.

Peas Eddy Road The Village of Hancock-Town of Hancock division line and running along the Peas Eddy Road Its intersection with the Baudendistel Road and continuing along the Peas Eddy Road to its intersection with the Jehu Mt Road and the Newman Road.

Newman Road Its intersection with the Peas Eddy Road and the Jehu Mt Rd. Route 97

Baudendistel Road Its intersection with Route 97 Its intersection with the Peas Eddy Rd

Jehu Mt Road Its intersection with the Peas Eddy Road and the Newman Road and running in a northerly direction The northerly end of the Jehu Mt Road near the southerly bounds of the property of Donald J Marino

Bouchouxville Road The bridge crossing Abe Lord Creek The easterly end of the Bouchouxville

Old French Woods Rd Its intersection with the Jay Lord Road and running in a general westerly direction Its intersection with Route 97

Former N.Y. Ontario & Western Railroad right of way The hamlet of East Branch The easterly end of the town highway in the hamlet of Peakville

Houck Mt. Road Its intersection with Route 30 The Town of Hancock-Town of Walton division line

Carcass Brook Road Its intersection with the Houck Mt Road The Town of Hancock-Town of Tompkins division line

Gee Brook Road Its intersection with the Houck Mt. Road and running in a general northwesterly direction The northwesterly end of the Gee Brook Road

Morrison Brook Rd Its intersection with Route 30 and running in a general northerly direction The northerly end of the Morrison Brook Road

Hoolihan Brook Rd Its intersection with the Town of Hancock-Town of Fremont division line The abandoned portion of the Hoolihan Brook Road

Harvard Road
(opposite Rt 30) Its intersection with the northerly side of Route 17 Expressway Its intersection with the southerly side of Route 30 in the hamlet of Harvard

Section 4. CONDITIONS AND RESTRICTIONS. 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 local law of the Town, the following conditions and restrictions are hereby imposed to all such snowmobile operations:

(1) PROHIBITED OPERATING HOURS. No person shall operate snowmobiles on any town highway between the hours of 12:00 O'clock midnight and 6:00 O'clock A.M.

(2) UNATTENDED SNOWMOBILES. It shall be unlawful for any owner or operator to leave or allow a snowmobile to be left unattended on any town highway while the motor is running, or with any key for starting the same left in the ignition or elsewhere in said snowmobile.

(3) OBEDIENCE TO VEHICULAR TRAFFIC CONTROLS. Each person operating a snowmobile on any Town 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.

(4) SPEED IN HAMLETS OF FISHS EDDY, EAST BRANCH, PEAKVILLE AND HARVARD. No person shall operate snowmobiles on the town highways designated in section 3 of this local law in the hamlet of Fishs Eddy, East Branch, Peakville and Harvard, at a speed no greater than the minimum required to maintain forward movement when within 10 feet of a dwelling in said hamlets.

Section 5. VIOLATIONS. Failure to comply with any of the provisions of this local law shall be deemed a violation and the violator shall be liable to a fine of not less that ($5.00) Five Dollars nor more than ($100.00) One hundred dollars.

Section 6. SEPARABILITY. If any phrase, clause, sentence, paragraph, subdivision or section of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such portion of this local law shall be deemed separate and distinct from the remainder of this local law and such judgment shall not affect the validity of the remaining provisions of this local law.

Section 7. EFFECTIVE DATE. This local law shall take effect immediately upon its filing in accordance with the provisions of section twenty-seven 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 article twenty-five of the Parks and Recreation Law and the rules and regulations of the commissioner of transportation.

Dated: November 28,1972
Florence A Whiting, Town Clerk

Filed December 4,1972 State of New York Dept. of Audit and Control