WHEREAS, the Town of Brighton has, by virtue of authority granted in 24 V.S.A Section 1971, the powers to adopt, amend, repeal and enforce ordinances;
WHEREAS the Town of Brighton has, by virtue of authority granted in 23 V.S.A Section 3210, the power to adopt ordinances to regulate the time, manner and location of operation of snowmobiles within its boundaries;
WHEREAS the Town of Brighton has, by virtue of authority granted in 24 V.S.A. Section 1974a, the power to enforce civil ordinance violations;
NOW, THEREFORE, to protect public health and safety, and the health and safety of pedestrians and vehicular operators, the Board of Selectmen of the Town of Brighton hereby adopts the following ordinance Regulating the Operation of Snowmobiles:
A. DESIGNATION OF ROADS AND SIDEWALKS OPEN
The Board of Selectmen may annually designate those town highways and sidewalks that are to be open to snowmobile traffic, and shall post those designated town highways and sidewalks accordingly. If the Board of Selectmen does not in a given year act to designate highways and sidewalks to be open for snowmobiles, the highways and sidewalks last previously designated as open under this ordinance shall be the highways and sidewalks that are open.
B. PROHIBITION AGAINST OPERATION
No snowmobile may be operated on a town highway or sidewalk unless that town highway or sidewalk is designated open and posted as open to snowmobiles as per Section A above.
(1) It shall be unlawful to operate a snowmobile on town highways so designated and posted between the hours of 11 P.M. and 7 A.M
C. HIGHWAY SPEED LIMIT
The speed limit for snowmobiles traveling on those town highways annually designated to be open to snowmobiles shall be 10 (ten) miles per hour.
D. SIDEWALK SPEED LIMIT
The speed limit for snowmobiles traveling on those town sidewalks annually designated to be open to snowmobiles shall be 5 (five) miles per hour.
E. TRAVEL IN SINGLE FILE; NO RACING
Snowmobiles traveling on designated town highways and sidewalks shall travel in single file, and racing shall be prohibited.
F. PENALTY
The penalty for violating Sections B,C,D, or E of this ordinance shall be $100 per incident.
G. WAIVER FEE
A waiver fee of $50 may be paid in lieu of the $100 penalty cited in Section F above, for those persons who are issued a violation and who admit or do not contest the ordinance violation.
H. SEVERABILITY
Any part of this ordinance shall be considered severable, and the invalidity of any part or section shall not be held to invalidate any other part or provision of this ordinance.
I. ADOPTION AS A CIVIL ORDINANCE
This ordinance is adopted as a civil ordinance pursuant to 24 V.S.A. Section 1971(b), and violations of this ordinance shall be enforced in accordance with the provisions of 24 V.S.A. Section 1974a and Section 1977 et seq. This ordinance shall be enforced by any certified police officer through the Judicial Bureau.
J. EFFECTIVE DATE
This ordinance shall become effective sixty (60) days after its adoption by the Brighton Board of Selectmen. If an appeal is filed under 24 V.S.A. Section 1973, the effective date shall be governed by that statute.