LL 03 Amend Code Chapter168 "Vehicles, Recreational" STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M.CUOMO
99 WASHINGTON AVENUE GOVERNOR
ALBANY,NY 1 22 31-0001 CESAR A. PERALES
WWW.DOS.NY.GOV SECRETARY OF STATE
July 27, 2015
w, 4?S
r � 1('n
Caroline H Barber I`_
Town Clerk `%a- 9 15 E'
Town Office Bldg ` " . f
742 Bay Road
St
Queensbury NY 12804
RE: Town of Queensbury, Local Law 3 2015, filed on July 24, 2015
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
h
NEW YORK Department
STATE OF
OPPORTUNITY. of State
IL
New York State Department of State
99 ,
A Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Local Law Filing Albany, 12231-0001
www.dos.statate.ny.us/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County .❑City ❑X Town ❑Village
(Select one.)
of Queensbury
Local Law No. 3 of the year 20 15
A local law - :To,.Amend Chapter 168 of Queensbury Town Code Entitled
(Insert Title)
"Vehicles; Recreational"
Be it enacted by the Town Board of the
(Name of Legislative Body)
❑County [-]City Town ❑Village
(Select one.)
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 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:
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-0239-f-1 (Rev.06/12) Page 2 of 4
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 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 by the Town Board for use by snowmobiles.
B. No person shall operate a snowmobile on Town trails and walking paths, except for those
specifically designated by the Town Board for use by snowmobiles.
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 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.
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
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.
§ 168 10. Registration.
A. All ATV!�a_shall be registered with the T-e:,A% of Qucensb„T ZtLy the Te Clerk's'effiee. The annual fee shall be and shall be renewable 12
> >
months from the date ef previous r-egis4afien. Failure to r-e ister- any ATV shall result in a fine
of tee eed Q 50
name of the manufaetur-er- and the faeter-y number (ser-ial number) of the veMele, the name and
address of the ewner of the vehiele > if >
the name and address of the
parent(s) or-legal guar-di
!` Registration tion of A TV's is f:,,- off read use only and is of intended f« registration of
ATV's for-„sea „blis highways e.•fer-use e private lands-.
the_epeFa ien and . ist..ntio of any ATV7
E. AT-V registration stieker-s Ail! be pr-evided by the TeA% of Queensbuff and shalt-be
displayed on b,eth sides of the A T-V i us manner.
F. The TeA% Cler-k shall maintain a -f the Fe-goistrafien of the ATV under- the nam-e
and_distinetiye„ mb.eF assigned to the registm4ien stieke«
9. zhe-. is. fer—registre4iea-shall pply ai and—after- ebfuar-y 1, 1986, and shall
eer.tin e; eft et, .,t;l p „ted by Mete l.,
w.
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:
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.
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 $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. 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), 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,the New York
State Police, and the Code Enforcement Officers 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.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. _3 of 20 15 of
the(J**V(QJy0(Town)(\JiIkgc0vf Oueensbury was duly passed by the
Town Board on 0 7/2 0 20 15 , in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the and was deemed duly adopted
(Elective Chief Executive Officer)
on 20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the(general)(special)(annual)election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village)of was duly passed by the
on 20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there
be none,the chairperson of the county legislative body,the mayor of a city or village,or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS-0239-f-I (Rev.06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the(special)(general)election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph , 1 above.
Clerk of the county legislative body, City,Town or Village Clerk or
officer designated by local legislative body
(Seal) Date:
DOS-0239-f-I (Rev.06/12) Page 4 of 4
m
tr
Postage $
Er
U"
t Certified Fee
Postmark
p Return Receipt Fee Here
C3 (Endorsement Required)
o Restricted Delivery Fee
(Endorsement Required)
iC3
rUU Total Postage&Fees $ '
tU So
a _ 2 (VL�{�\---. 5._L.. yr. �a.
Street Apt.No.;
CMor PO Box No. �` �/ �`..c�s.�`y'� �J�CL
State,ZIP+4
--..__._1.-_tom" `1'................................
N
S
rr
CI Postage
S
Ir Certified Fee Postmark
Here
O ReturnReceipt Fee
Q (Endorsement Required)
Restricted Delivery•Fee
(Endorsement Required)
r-I Total Postage&Fees -
N ------
nj
S nt To -----------------
>� Street.Apt.No.;
C3 or PO Box No g
t`" Ciry��z
r�.
Postal
CERTIFIED MAIL. RECEIPT
tr (Domestic Mail Only;No Insurance Coverage Provided)
m
m For delivery information visit our website at www.usps.coma
tr
0
Postage $
Ir
Certified Fee
C3 Postmark
0 Return Receipt Fee Here
(_ (Endorsement Required)
C3 Restricted Delivery Fee
4 (Endorsement Required)
rq
M Total Postage&Fees t
ru
nt To
ru
C3rest,Apt. o. C,
or PO Box No. 3
17%
------------------------------ti..l�r. [L��lk....... +�Sc�f.�t......_...... '
CA,.ftate,ZIP+4See Reverse for Instructions
t 0 �
.r.
SENDER: COMPLETE THIS SECTION compt,-rE T'IIS SEC7101V ON •
■ Complete items 1,2,and 3.Also complete A Si ur
item 4 if Restricted Delivery is desired. gent
XT■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed N e) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. _
D.
1. Article Addressed to: r Te il' .�rca�i(Jrdi#arent '
If
YESj eret deliwei ac�rygt�m0 No
z
3. Service Type. ------
�} Certified-Inl P—::CI t idrity.(ii�ail a g
L Regi „ r. L�Rafu� andise
1�lvZ q'a�i ❑Insured Mail ❑Collect on Delivery
4. Restricted Delivery?(Extra Fee) ❑Yes
z Article Number 7012 2210 0000 9409 4339
Mrrarnfer from service!abet
PS Form,3811,July 2013 Domestic Return Receipt
GENERAL 781
[IM IN
Rocs N"111614 �
p:800/836-8834 fax:5 2 �"1j—S PM 3 L ,....« �,,.w•'^�M��w��";�,�,
email:sales@generalcode.com
08/05/2015 #309711
Ms. Caroline H. Barber:
The following material has been received and will be processed for
inclusion in your Code as supplemental pages (where applicable):
LL No. 3-2015
Town of Queensbury
742 Bay Road
Queensbury, NY 12804
Ste,,_:2421 11I,fill 111+111i'l1111{1,11,i,IIIIi'11�1'1:1 �1, i1��� It(#lt,l