NY Pks, Rec & Hist Pres L § 21.05 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title D - Snowmobiles Article 21 - General Provisions 21.05 - Definitions.

§  21.05  Definitions.  As  used  in  this article, unless the context requires otherwise:   1. "Governmental agency" shall mean any agency of  the  state  of  New York and all municipalities within the state.   2. "Executive officer" shall mean:  (a)  In  the  case  of  a county, the county executive unless there is none, in which case it shall mean the county manager if there is one, or the chairman of the county legislative body if there is neither a county executive nor county manager.  (b) In the case of cities, the mayor, except in those cities having  a city manager it shall mean such city manager.  (c) In the case of towns, the supervisor or presiding supervisor.  (d)  In  the  case  of  villages,  the mayor, except in those villages having a president or manager it shall mean such president or manager.   3. "Snowmobile" shall mean a self-propelled vehicle  equipped  with  a motor,  originally  manufactured and designed for travel on snow or ice, steered by skis or runners and supported in whole or in part by  one  or more skis, belts or tracked cleats.   4.  "Owner"  shall  mean any person having title to a snowmobile. If a snowmobile is sold under a contract  of  conditional  sale  whereby  the title  remains  in  the  vendor,  such vendor or his assignee shall not, after delivery of  such  snowmobile,  be  deemed  an  owner  within  the provisions of this section, but the vendee or his assignee, upon receipt of  possession  thereof,  shall be deemed such owner notwithstanding the terms of such contract, until the vendor or his  assignee  shall  retake possession.  A  person  holding only a security interest in a snowmobile shall not be deemed an owner unless such person also has  possession  of such snowmobile.   5.  "Operate"  shall mean to ride in or on, other than as a passenger, or use or control the operation of a snowmobile in any  manner,  whether or not said snowmobile is under way.   6.  "Operator"  shall  mean  every person who operates or is in actual physical control of a snowmobile.   7. "Register" shall mean the act of assigning a registration number to a snowmobile.   8. "Roadway" shall mean that portion of a highway improved,  designed, or ordinarily used for vehicular travel, exclusive of the shoulder.   9. "Highway" shall mean the entire width between the boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.   10. "Shoulder" shall mean that portion of a highway which lies outside the  paved or unpaved roadway immediately adjacent to the portion of the roadway which may be used by motor vehicles.   11. "Bank" shall mean a mound, pile or ridge of snow on the edge of  a highway accumulated from natural snowfall or by snowplowing operations.   12.  "Inside  bank"  shall  mean the portion of a snowbank immediately adjacent to the shoulder of the roadway.   13. "Outside bank" shall mean the portion of a  snowbank  outside  the crest thereof and farthest removed from the roadway.   14. "Cowling" shall mean the forward portion of the snowmobile usually surrounding the motor and clutch assembly.   15.  "Dealer"  shall  mean a person engaged in the business of selling snowmobiles at wholesale or retail.   16. "Special event" shall mean an organized rally, race, exhibition or demonstration of limited duration which  is  conducted  according  to  a prearranged schedule and in which general public interest is manifested.   17.  "Snowmobile  operator's  certificate"  shall  mean  a certificate issued by the  commissioner  evidencing  that  the  holder  thereof  has  successfully  completed  an approved course of instruction in snowmobile operation and safety as hereinafter provided.   18.   "Authorized   ambulance  snowmobile"  shall  mean  a  snowmobile designated as such in writing and filed with  the  commissioner  by  the chief  executive  officer  of  any  duly  organized  volunteer ambulance company, fire department, or paid fire department, operated by a  member thereof  and  equipped  with emergency lights as provided in subdivision four of section 25.17 of this chapter.   19. "Authorized police snowmobile" shall mean a snowmobile operated by a police or other peace officer while engaged in the performance of  his official  duties  within  the  area  of his territorial jurisdiction and equipped with emergency  lights  as  provided  in  subdivision  four  of section 25.17 of this chapter.   20.  "Authorized  civil  defense  snowmobile"  shall mean a snowmobile designated as such in writing and filed with  the  commissioner  by  the chief  executive officer of a municipality and operated by a member of a civil  defense  organization  of  the  municipality  and  equipped  with emergency  lights  as  provided  in subdivision four of section 25.17 of this chapter.   21. "Operation as emergency vehicle." The operation or parking  of  an authorized  ambulance,  police  or  civil  defense snowmobile, including attendant equipment, displaying one or more lighted, red or  combination red  or white lights which is revolving, rotating, flashing, oscillating or  constantly  moving  light  and  which  snowmobile  is   engaged   in transporting  a  sick or injured person, pursuing an actual or suspected violator of the law or responding to, or working  or  assisting  at  the scene  of  an  accident, disaster, police call, alarm or other emergency but shall not include returning from such service.