§ 21.05 — Definitions

New York § 21.05

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Title D: Snowmobiles
• Art. 21: General Provisions

Text

§ 21.05 Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Governmental agency" shall mean any agency of the state of New\nYork and all municipalities within the state.\n 2. "Executive officer" shall mean:\n (a) In the case of a county, the county executive unless there is\nnone, in which case it shall mean the county manager if there is one, or\nthe chairman of the county legislative body if there is neither a county\nexecutive nor county manager.\n (b) In the case of cities, the mayor, except in those cities having a\ncity manager it shall mean such city manager.\n (c) In the case of towns, the supervisor or presiding supervisor.\n (d) In the case of villages, the mayor, except in those villages\nhaving a president or manager it shall mean such president or manager.\n 3. "Snowmobile" shall mean a self-propelled vehicle equipped with a\nmotor, originally manufactured and designed for travel on snow or ice,\nsteered by skis or runners and supported in whole or in part by one or\nmore skis, belts or tracked cleats.\n 4. "Owner" shall mean any person having title to a snowmobile. If a\nsnowmobile is sold under a contract of conditional sale whereby the\ntitle remains in the vendor, such vendor or his assignee shall not,\nafter delivery of such snowmobile, be deemed an owner within the\nprovisions of this section, but the vendee or his assignee, upon receipt\nof possession thereof, shall be deemed such owner notwithstanding the\nterms of such contract, until the vendor or his assignee shall retake\npossession. A person holding only a security interest in a snowmobile\nshall not be deemed an owner unless such person also has possession of\nsuch snowmobile.\n 5. "Operate" shall mean to ride in or on, other than as a passenger,\nor use or control the operation of a snowmobile in any manner, whether\nor not said snowmobile is under way.\n 6. "Operator" shall mean every person who operates or is in actual\nphysical control of a snowmobile.\n 7. "Register" shall mean the act of assigning a registration number to\na snowmobile.\n 8. "Roadway" shall mean that portion of a highway improved, designed,\nor ordinarily used for vehicular travel, exclusive of the shoulder.\n 9. "Highway" shall mean the entire width between the boundary lines of\nany way or place when any part thereof is open to the use of the public,\nas a matter of right, for the purpose of vehicular traffic.\n 10. "Shoulder" shall mean that portion of a highway which lies outside\nthe paved or unpaved roadway immediately adjacent to the portion of the\nroadway which may be used by motor vehicles.\n 11. "Bank" shall mean a mound, pile or ridge of snow on the edge of a\nhighway accumulated from natural snowfall or by snowplowing operations.\n 12. "Inside bank" shall mean the portion of a snowbank immediately\nadjacent to the shoulder of the roadway.\n 13. "Outside bank" shall mean the portion of a snowbank outside the\ncrest thereof and farthest removed from the roadway.\n 14. "Cowling" shall mean the forward portion of the snowmobile usually\nsurrounding the motor and clutch assembly.\n 15. "Dealer" shall mean a person engaged in the business of selling\nsnowmobiles at wholesale or retail.\n 16. "Special event" shall mean an organized rally, race, exhibition or\ndemonstration of limited duration which is conducted according to a\nprearranged schedule and in which general public interest is manifested.\n 17. "Snowmobile operator's certificate" shall mean a certificate\nissued by the commissioner evidencing that the holder thereof has\nsuccessfully completed an approved course of instruction in snowmobile\noperation and safety as hereinafter provided.\n 18. "Authorized ambulance snowmobile" shall mean a snowmobile\ndesignated as such in writing and filed with the commissioner by the\nchief executive officer of any duly organized volunteer ambulance\ncompany, fire department, or paid fire department, operated by a member\nthereof and equipped with emergency lights as provided in subdivision\nfour of section 25.17 of this chapter.\n 19. "Authorized police snowmobile" shall mean a snowmobile operated by\na police or other peace officer while engaged in the performance of his\nofficial duties within the area of his territorial jurisdiction and\nequipped with emergency lights as provided in subdivision four of\nsection 25.17 of this chapter.\n 20. "Authorized civil defense snowmobile" shall mean a snowmobile\ndesignated as such in writing and filed with the commissioner by the\nchief executive officer of a municipality and operated by a member of a\ncivil defense organization of the municipality and equipped with\nemergency lights as provided in subdivision four of section 25.17 of\nthis chapter.\n 21. "Operation as emergency vehicle." The operation or parking of an\nauthorized ambulance, police or civil defense snowmobile, including\nattendant equipment, displaying one or more lighted, red or combination\nred or white lights which is revolving, rotating, flashing, oscillating\nor constantly moving light and which snowmobile is engaged in\ntransporting a sick or injured person, pursuing an actual or suspected\nviolator of the law or responding to, or working or assisting at the\nscene of an accident, disaster, police call, alarm or other emergency\nbut shall not include returning from such service.\n