New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter V - Marine And Recreational Vehicles › Subchapter B - Snowmobiles › Part 453 - Definitions › Section 453.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
					 shall mean the Commissioner of Parks, Recreation and Historic Preservation,
					 acting directly or indirectly through a duly authorized
					 representative.
(b) Operator shall
					 mean every person who operates or is in actual physical control of a
					 snowmobile.
(c) Owner shall mean a
					 person or corporation or partnership, other than a lienholder, having title to
					 a snowmobile.
(d) Snowmobile shall
					 mean a self-propelled vehicle designed for travel on snow or ice, steered by
					 skis or runners, and supported in part by skis, belts or cleats.
(e) Commercial snowmobile shall mean and
					 include every snowmobile that is used or operated for commercial purposes on
					 the lands or waters of the State, that is either carrying passengers, carrying
					 freight, towing, or for any other use for which compensation is received,
					 either directly or indirectly, or where provided as an accommodation,
					 advantage, facility or privilege at any place of public accommodation, resort
					 or amusement.
(f) Rental snowmobile
					 shall mean any snowmobile leased or rented for a fee or other consideration,
					 whether received directly in cash or in conjunction with other services
					 provided.
(g) Pleasure snowmobile
					 shall mean every snowmobile not within the classification of commercial or
					 rental snowmobile.
(h) Dealer shall
					 mean a person, partnership or corporation engaged in the business of selling
					 snowmobiles at wholesale or retail in New York State.
(i) Dealer registration shall mean the
					 process by which the Commissioner of Motor Vehicles may, upon application by a
					 dealer and payment of the proper fee, record the registrant as a bona fide
					 dealer in snowmobile sales.
(j)
					 Dealer registration certificate shall mean the form issued by the Commissioner
					 of Motor Vehicles bearing a distinguishing dealer registration number
					 indicating that the registrant is a registered dealer.
(k) Accident shall mean any casualty
					 involving a snowmobile or snowmobiles, including but not limited to collision,
					 overturning, fire or explosion.
(l)
					 Enforcement agency shall mean the Office of Parks, Recreation and Historic
					 Preservation, the Department of Environmental Conservation, a regional park,
					 recreation and historic preservation commission, the Division of State Police,
					 any county sheriff's office or any police department of a county, city, town or
					 village.
(m) Police officer shall
					 mean every law enforcement officer in the State, including conservation law
					 officers, forest rangers and State Park police.
(n) Snowmobile violation shall mean a
					 violation of any of the provisions of title D of the Parks, Recreation and
					 Historic Preservation Law, or any ordinances, rules and regulations enacted
					 pursuant thereto, or any other law relating to snowmobiles.
(o) Court shall mean any court of competent
					 jurisdiction.
(p) Jurisdiction
					 shall mean the legal jurisdiction of the court over the offense or
					 crime.
(q) State aid shall mean
					 payments by the State (1) to municipalities towards the cost of enforcing the
					 provisions of article 27 of the Parks, Recreation and Historic Preservation
					 Law; or (2) to counties, cities, towns or villages for the costs incurred for
					 the development and maintenance of snowmobile trail systems within their
					 boundaries according to the provisions of section 27.17  of the Parks, Recreation and
					 Historic Preservation Law.
(r)
					 Enforcement year shall mean the State fiscal year.
(s) Municipality shall mean each county,
					 city, town or village in New York State, except those counties which lie within
					 the territorial limits of New York City. Counties within the territorial limits
					 of New York City shall mean the City of New York.
(t) Snowmobile operator's safety certificate
					 shall mean the certificate issued by the commissioner evidencing that the
					 holder thereof has successfully completed an approved course of instruction in
					 snowmobile operation and safety.
(u) Special event shall mean an organized
					 snowmobile event of limited duration which is conducted according to a
					 prearranged schedule and in which the general public interest is
					 manifested.
(v) Special event
					 permit shall mean written permission from the commissioner authorizing the
					 holding of a special event at a specific location, pursuant to the provisions
					 of article 25 of the Parks, Recreation and Historic Preservation Law.
(w) Sponsor shall mean any individual,
					 society, club, firm, partnership, corporation, or association of persons who
					 have organized and are conducting the special event in whose name the special
					 event permit is issued.
(x) Person
					 in charge shall mean the designated individual having full authority to
					 represent the sponsoring organization in all matters relating to a particular
					 special event.
(y) Special
					 assistant to person in charge shall mean the person or persons assigned by the
					 person in charge to assist at a particular special event.
(z) Instructor shall mean a person who has
					 been certified by the commissioner as being qualified to teach the New York
					 State young snowmobile operator's safety training course.
(aa) Bureau shall mean the Snowmobile Bureau
					 of the Office of Parks, Recreation and Historic Preservation, 625 Broadway,
					 Albany, NY 12233.
(ab) Rule or
					 regulation shall mean any rule or regulation duly adopted by the commissioner
					 pursuant to article 25 of the Parks, Recreation and Historic Preservation
					 Law.
(ac) Snowmobile trail shall
					 mean a marked corridor on lands owned by a local sponsor, or for which the
					 local sponsor can provide assurances satisfactory to the commissioner that such
					 lands shall continue to be available for snowmobile use, which are designated
					 for snowmobile use by the general public.
(ad) Authorized expenditure shall mean an
					 expenditure determined by the commissioner to be reasonable and necessary for
					 the proper development and maintenance of a snowmobile trail.
(ae) Local sponsor shall mean a county
					 engaging and assisting in the development and maintenance of a system of
					 snowmobile trails and a program with relation thereto within its boundaries to
					 encourage safety, tourism and utilization, or in the event a county does not
					 undertake such a program or system of trails, any city, town or village within
					 such county which undertakes the same.