9 NYCRR Part 457 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

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9 NYCRR 457.1 - Accident reporting

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(a)It shall be the duty of the operator of a snowmobile involved in any accident, as defined in this Subchapter, so far as he can do so, to render to other persons affected by said accident such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the occurrence.

(b)The operator of any snowmobile involved in any accident shall stop and exhibit his certificate of registration and operator's certificate, if he is required to have one, give his name, address and the identification number of his snowmobile, in writing, to any person injured and to the operator or owner of any snowmobile or property damaged. In the event the person injured or the owner of property damaged cannot be located at the place where the accident occurred, then said information and a description of the accident shall be reported by the operator of the snowmobile, within 24 hours, to the nearest police officer, enforcement agency or magistrate.

(c)The operator of every snowmobile involved in any accident resulting in loss of life, personal injury, or property damage in excess of $1,000 shall, within seven days of the accident, file a complete written report and description of the accident as provided in this section.

(d)Accidents shall be reported on forms provided by the commissioner for that purpose. Forms may be obtained at any police station or office of the division.

(e)Accident reports are to be filed with the bureau and a copy thereof shall be filed with the local enforcement agency in whose jurisdiction the accident occurred.

(f)Every written report shall contain, but not be limited to, the following information:

(1)number of snowmobiles involved;

(2)locality where accident occurred;

(3)time and date when accident occurred;

(4)name, address, age and snowmobile operating experience;

(5)weather conditions at time of accident;

(6)name and address of operator of other snowmobile involved;

(7)name and address of owners of snowmobiles or property involved;

(8)name and address of any person injured or killed;

(9)nature and extent of injury to any person or persons;

(10)description of damage to property, and estimated cost of repairs;

(11)description of accident;

(12)make, year built, type of snowmobile;

(13)name and address of all known witnesses;

(14)type of accident;

(15)signature of person reporting; and

(16)registration numbers of snowmobiles involved.

9 NYCRR 457.2 - Police reporting

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Any employee of an enforcement agency who investigates, or receives information of, an accident involving a snowmobile shall make a written report of the investigation or information received, and such additional facts relating to the accident as may come to his knowledge, and mail the same within 48 hours to the bureau, keeping a record of same in his office.

(b)Where a serious injury or death has resulted from such accident, the investigating officer may delay mailing his report to the bureau pending a final determination as to the condition of the injured person or persons; however, in such cases the investigating officer or his superior must promptly notify the bureau by telephone, teletype or in writing of such delay and the reason therefor. Said written report is to be filed not later than seven days after the accident.

9 NYCRR 457.3 - Earlier source heading: 457.3 to 457.7 [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 457.10 - Earlier source heading: 457.10 to 457.11 [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 457.12 - Earlier source heading: 457.12 to 457.26 [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 457.30 - Effective date of State aid

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

On and after October 1, 1970, every county, city, town or village enforcing the provisions of article 25 of the Parks, Recreation and Historic Preservation Law shall be entitled to receive State aid as hereinafter provided. A county, city, town or village seeking reimbursement for expenditures incurred in enforcement of this article shall submit to the commissioner, by January first of each year, an estimate of such expenditures for the current fiscal year, in such form and containing such information as the commissioner may require. Within one month after the close of the fiscal year, each such county, city, town or village shall submit to the commissioner a statement of authorized expenditures actually incurred, in such form and containing such information as he may require. For the purpose of this section, fiscal year shall mean the period from April 1st through March 31st.

9 NYCRR 457.31 - Formula for dispersion of State aid

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The amount of State aid to be allocated to counties, cities, towns or villages shall be determined by the commissioner as hereinafter provided. The commissioner shall determine the percentage proportion which the authorized expenditures of each individual county, city, town or village, but not exceeding $25,000 for each county, including the municipalities therein, shall bear to the total authorized expenditures of all the counties, cities, towns or villages for enforcement of article 25 of the Parks, Recreation and Historic Preservation Law during the fiscal year. Such percentage proportion shall then be applied against an amount equal to 25 percent of the amount received by the commissioner in fees received for registration of snowmobiles during such fiscal year, to the extent only and not exceeding the sum of $150,000.

(b)The amount thus determined shall constitute the maximum amount of State aid to which each county, city, town or village shall be entitled; provided, however, that no county, city, town or village shall receive State aid in an amount in excess of one half of its authorized expenditures as approved by the commissioner for such fiscal year ($12,500 maximum per county, including municipalities therein).

9 NYCRR 457.32 - General agreement

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)All personnel assigned to the duty of enforcing the snowmobile provisions shall be mentally and physically capable of performing the duties to which they are assigned. They shall have a good knowledge of the provisions of article 25 of the Parks, Recreation and Historic Preservation Law and the powers, duties and authority of peace officers. They shall have a thorough knowledge of the operation of snowmobiles and the rules and regulations pertaining to such operation.

(b)All persons engaged in the snowmobile enforcement program shall actively cooperate with the commissioner or his authorized representative, including, but not limited to, the answering of questions, making reports and showing records as requested. The commissioner may refuse payment to any municipality for that portion of authorized expenditures paid to personnel deemed to be unfit to carry out the duties assigned.

(c)All municipalities participating in the State aid program shall:

(1)investigate complaints of violations of article 25 of the Parks, Recreation and Historic Preservation Law within their jurisdiction, including those referred to the municipality by the commissioner;

(2)enforce the provisions of article 25 of the Parks, Recreation and Historic Preservation Law that are applicable to land and water within their jurisdiction;

(3)submit such reports as the commissioner may desire;

(4)keep records pertaining to violations and authorized expenditures;

(5)advise snowmobile owners on the safe method of operating snowmobiles;

(6)assist in the distribution of such public information as may be provided by the commissioner;

(7)certify that all claims and documents which are part thereof are true and correct;

(8)purchase and maintain uniform snowmobile summonses, and issue same for violations of article 25 of the Parks, Recreation and Historic Preservation Law;

(9)maintain an up-to-date snowmobile enforcement log book, by day, for each snowmobile season. The log shall contain the hours patrolled, the areas patrolled, the name of each police officer on patrol, a brief resume of any accidents investigated, and any extraordinary equipment needed in the investigation. Upon demand of the commissioner or his authorized representative, the log shall be made available for examination;

(10)make available any or all equipment, purchased or rented under the State aid program, to the commissioner or his authorized representative for the purpose of inspection, investigation or any other official duties.

(d)The commissioner may deny payment of any claim or part thereof which is not deemed to be a reasonable and necessary expenditure.

(e)The commissioner may withhold payment on any claim pending the investigation of the contents of said claim.

(f)The commissioner may deny payment of any claim if any part of said claim is found to be false and submitted with intent to defraud.

(g)The commissioner may deny payment, after investigation, to any municipality that, in his opinion, is not adequately enforcing the provisions of article 25 of the Parks, Recreation and Historic Preservation Law.

9 NYCRR 457.33 - Authorized expenditures and equipment

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023
Related Register notice: PKR-28-16-00004-A · Adopted rule
Related notice published: Oct 12, 2016
Related notice effective date: Oct 12, 2016

(a)The following items shall be deemed authorized expenditures and the cost of such items, when used pursuant to the provisions of this Part, shall be reimbursable, in accordance with section 457.32 of this Part, to any county, city, town or village upon submission of a claim in accordance with this Part. However, other items of expenditures may be authorized if found to be reasonable and necessary. Prior approval of an expenditure not contained herein must be obtained from the commissioner, or his authorized representative; otherwise such expenditures will not be considered authorized expenditures and will not qualify for reimbursement under this Part. All authorized equipment which has originally been included in a claim, and for which reimbursement has been made in accordance with this Part, shall not be disposed of for a period of three years without prior approval of the commissioner. In the event that authorized equipment which has originally been included in a claim and for which reimbursement has been made in accordance with this Part is in need of replacement, the trade-in value or fair market value shall not be included in the claim for reimbursement of the purchase of new equipment. The cost of replacing authorized equipment which has been lost or destroyed by fire or other mishap may be claimed. However, any amount received from insurance coverage in payment or partial payment for the loss of such equipment shall be deducted from the claim for the new equipment purchase.

(1)Snowmobiles and snowmobile equipment:

Gas cans

Funnels

Snowmobile covers

Snowmobile hooks

Drive belts (spare)

Spark plugs (spare)

Snowmobile trailers

Snowmobile bumpers and handles

Grease gun

Oil can

Wrenches for spark plugs and motor bolts

Battery

Fire extinguisher

Horn

Rearview mirror

Light bulbs (spare)

Lights, spot

Saddlebags

Ropes

Siren

Speedometer

Revolving red light

Compass

(2)Four-wheel drive vehicle (to be used exclusively to haul snowmobile, or boat in summer, not plow snow, etc.).

(3)Communications and equipment:

Megaphone

Radios, certain radio equipment

Telephone (snowmobile enforcement use only)

(4)Snowmobile school expenses:

Snowmobile school lodging (not to exceed State rate)

Snowmobile school mileage in a private car (at State rate)

Snowmobile school meals

(5)Special clothing:

Badges

Hats

Snowmobile boots

Jackets

Snowmobile outfits

Shirts

Pants

Insulated underwear

Snowmobile goggles

Gloves

Face masks

Safety helmet

(6)Miscellaneous:

Binoculars

Shovels

Blankets

Tarpaulin

Hand warmers

Log books

Log case

Tire chains

Truck tires (snow)

Pull chain

Snowmobiletrailer hitches

Flashlights and flashlight batteries

Snowmobile trailer tires

Cigarette lighter, snowmobile

Signs, regulatory

Snowmobiletrailer wiring

Snowmobile sled

Waterproof match case

Snowshoes and harness

First aid kits (including splint)

(7)Operation and maintenance costs as follows (automobiles excluded):

(i)All repairs, both general and emergency.

(ii)Cost of gas, oil and grease (exclusive of Federal and State tax).

(iii)Summer storage.

(iv)General overhaul and equipment such as radios.

(v)Insurance cost.

(vi)Personal traveling expenses (including attendance at conferences, etc. However, they must be in accordance with the provisions of section 77-b of the General Municipal Law).

(vii)Automobile mileage allowance at the State rate.

(viii)Personnel training costs. (Payment in cases of snowmobile law enforcement training includes attendance at schools, training conferences, etc. However, they must be in accordance with the provisions of section 77-b of the General Municipal Law.)

(ix)Miscellaneous office supplies and expenses (itemize and explain).

(b)Personnel assigned to snowmobile law enforcement.

(1)The wages of personnel so assigned, authorized and paid by the county or municipality, during the period in which the person actually performs the duty of enforcing article 25 of the Parks, Recreation and Historic Preservation Law, shall be an authorized expenditure. If an officer is assigned to such duty, all wages earned during such period become part of a claim. If an officer is assigned snowmobile duties intermittently, an itemized account of such time must be submitted, and that portion of wages earned while actually engaged in snowmobile law enforcement shall be deemed an authorized expenditure.

(2)In addition to vouchers or payrolls, a separate certificate will be required for permanent and temporary personnel, which must include name of person, title or position, rate of pay, total time worked, and periods in which work was performed, and must be certified by the department head of the enforcement unit of the county, city, town or village submitting the claim.

(3)Prior approval must be obtained from the commissioner before supervisory personnel can be reimbursed, and only on the basis of proven expenditures.

(c)Rentals.

Equipment may be rented by counties, cities, towns or villages for use by the snowmobile law enforcement unit. However, the claim for rental of such equipment shall not exceed one fifth of the total new purchase price of such equipment for the season's rent. Equipment rented for short periods of time shall not exceed the following authorized expenditure allowed: one fifth of the total new price divided by 10 equals maximum rental allowance for one week. A contract or agreement made by a county, city, town or village, regarding the rental of any equipment for use in snowmobile enforcement, must be submitted to, and approved in writing by, the commissioner before it will be deemed an authorized expenditure.

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