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LOCAL LAWS\Set Public Hearing Resolutions\Chapter 168—Vehicles Recreational—7-6-15
RESOLUTION SETTING PUBLIC HEARING ON PROPOSED
LOCAL LAW NO. _ OF 2015 TO AMEND QUEENSBURY TOWN CODE
CHAPTER 168 ENTITLED, "VEHICLES, RECREATIONAL"
RESOLUTION NO. 92015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Board wishes to consider adoption of Local Law No.:
of 2015 to amend Queensbury Town Code Chapter 168, entitled, "Vehicles, Recreational," to revise
certain language, including, among other things, to clarify that the operation of all-terrain vehicles
and/or snowmobiles is prohibited on municipal property, except on those Town highways or those
areas of municipal property specifically designated for such use, and
WHEREAS, adoption of this legislation is authorized by New York State Municipal Home
Rule Law §10, and
WHEREAS, the Town Board wishes to set a public hearing concerning adoption of this Local
Law,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board shall meet and hold a public hearing at the
Queensbury Activities Center, 742 Bay Road, Queensbury at 7:00 p.m. on Monday, July 20t`, 2015 to
hear all interested persons and take any necessary action provided by law concerning proposed Local
Law No.: of 2015, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Queensbury Town Clerk
to publish and post a Notice of Public Hearing concerning proposed Local Law No.: of 2015 in the
manner provided by law.
Duly adopted this 6h day of July, 2015, by the following vote:
AYES
NOES
ABSENT:
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LOCAL LAWS&ORDINANCES\Chapter 168—Vehicles Recreational—Various Changes—7-6-15
TOWN OF QUEENSBURY
LOCAL LAW NO.: OF 2015
A LOCAL LAW TO AMEND CHAPTER 168 OF QUEENSBURY TOWN
CODE ENTITLED, "VEHICLES, RECREATIONAL"
BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF
QUEENSBURY AS FOLLOWS:
SECTION 1. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," §168-3 entitled, "Closing highways" is hereby amended as
follows:
§ 168-3. Closing highways.
The Town Supervisor of the Town or the Chicf of Police 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.
SECTION 2. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," §168-5 entitled, "Conditions and restrictions," subsection B
entitled, "Financial security," is hereby amended as follows:
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
Language in bold italics is new language to be added;
Language -- - . - . . _ • is old language to be deleted
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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.
SECTION 3. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," is hereby amended to add a new subsection §168-6 entitled,
"Operation on Trails and Municipal Property Prohibited," as follows:
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 for use by snowmobiles.
B. No person shall operate a snowmobile on Town trails and walking paths.
SECTION 4. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article I entitled, "Snowmobiles," is hereby amended to renumber the clause entitled, "Penalties
for offenses," from §168-6 to §168-7 (and renumbering the clauses thereafter) and to read as
follows:
§168-7 Penalties for offenses.
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
Language in bold italics is new language to be added;
Language is old language to be deleted
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.
• - I S - -•• -- - - - - -
$100 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. In
SECTION 5. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-10 (previously §168-9) entitled, "Definitions" is
hereby amended to amend the definition of"Municipal Property" as follows:
MUNICIPAL PROPERTY
Real Property, other than Town highways, owned, leased or used by the Town of
Queensbury .. . .. - . - - . .. _ . - . _ - .
SECTION 6. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-10, "Registration" is hereby deleted in its
entirety as follows.
A. All ATVs shall be registered with the Town of Queensbury through the Town Clerk's
months from the date of previous registration. Failure to register any ATV shall result in a fine
not to exceed $50.
Language in bold italics is new language to be added;
Language with line drawn through it is old language to be deleted
B. The application for registration shall require a brief description of the ATV, including the
address of the owner of the vehicle and, if the owner is a minor, the name and address of the
C. Registration of ATV's is for off road use only and is not intended for registration of
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E. ATV registration stickers will be provided by the Town of Quccnsbury and shall be
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r.. : • _ . .: • , ., . ... , .:, .. , • .
SECTION 7. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-11, "Operation" is hereby amended to delete
Subsection §168-11(G) as follows:
G. Without a registration sticker or certificate.
SECTION 8. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-14, "Operation on highways and public
property"is hereby amended as follows:
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 ATV's.
Language in bold italics is new language to be added;
Language with li a drawn t11rough it is old language to be deleted
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.
SECTION 9. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-15, "Exceptions"is hereby amended as follows:
This article shall not apply to police or emergency vehicles or to any vehicle specifically
authorized by the Town Board.
SECTION 10. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-16, "Penalties for offenses" is hereby amended
as follows:
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 $100 $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 X00 $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),
Language in bold italics is new language to be added;
Language with line draw-T^ through it is old language to be deleted
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.
SECTION 11. Queensbury Town Code Chapter 168 entitled, "Vehicles, Recreational,"
Article II entitled, "All-Terrain Vehicles," §168-17, "Enforcement" is hereby amended as
follows:
This Article shall be enforced by the Warren County Sheriff's Department, and the New
York State Police, . - - - . - . . .. - .. . - . . •- . -
ether and the Code Enforcement Officers as-may-be-necessary of the Town of Queensbury.
SECTION 12. Severability.
If any part of this Local Law shall be declared invalid by a Court of competent
jurisdiction, such declaration shall not affect or impair in any way any other provision and all
other provisions shall remain in full force and effect.
SECTION 13. Effective Period.
This Local Law shall take effect immediately upon filing in the Office of the New York
Secretary of State as provided by Municipal Home Rule Law §27.
Language in bold italics is new language to be added;
Language with line draw,, through it is old language to be deleted
Chapter 168—Vehicles Recreational—7-20-15
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN IN ACCORDANCE WITH A RESOLUTION DULY
ADOPTED BY THE QUEENSBURY TOWN BOARD ON MONDAY, JULY 6TH, 2015 THAT
A PUBLIC HEARING WILL BE HELD ON MONDAY, JULY 20TH, 2015 AT 7:00 P.M. IN
THE QUEENSBURY ACTIVITIES CENTER, 742 BAY ROAD, QUEENSBURY AT WHICH
HEARING ALL INTERESTED PARTIES SHALL HAVE AN OPPORTUNITY TO BE
HEARD CONCERNING ADOPTION OF PROPOSED LOCAL LAW NO.: OF 2015 TO
AMEND QUEENSBURY TOWN CODE CHAPTER 168 "VEHICLES, RECREATIONAL,"
TO REVISE CERTAIN LANGUAGE, INCLUDING, AMONG OTHER THINGS, TO
CLARIFY THAT THE OPERATION OF ALL-TERRAIN VEHICLES AND/OR
SNOWMOBILES IS PROHIBITED ON MUNICIPAL PROPERTY, EXCEPT ON THOSE
TOWN HIGHWAYS OR THOSE AREAS OF MUNICIPAL PROPERTY SPECIFICALLY
DESIGNATED FOR SUCH USE.
THIS LEGISLATION IS AUTHORIZED BY NEW YORK STATE MUNICIPAL HOME
RULE LAW §10 AND TOWN LAW ARTICLE 16.
TO OBTAIN FURTHER INFORMATION OR COPIES OF THE PROPOSED LOCAL
LAW, PLEASE CONTACT THE QUEENSBURY TOWN CLERK'S OFFICE, 742 BAY ROAD,
QUEENSBURY(518) 761-8234 DURING NORMAL BUSINESS HOURS.
BY ORDER OF THE QUEENSBURY TOWN BOARD.
PUBLICATION DATE: JULY ,2015
CAROLINE H.BARBER
TOWN CLERK
TOWN OF QUEENSBURY