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Adoption of Local Law 1 for the Year 2021, "Re-establishing the SLC Multi-Use Recreational Trail System and Establishing a Trail Permitting Process

Local Law Re-establishing the St. Lawrence County Multi-Use Trail System and Establishing a Trail Permitting Process

Finance Committee:  3-22-2021

RESOLUTION NO. 138-2021

            ADOPTING PROPOSED LOCAL LAW A (NO.    ) FOR THE YEAR 2021, “A LOCAL LAW RE-ESTABLISHING THE ST. LAWRENCE COUNTY MULTI-USE RECREATIONAL TRAIL SYSTEM AND ESTABLISHING A TRAIL PERMITTING PROCESS”

By Mr. Acres, Chair, Finance Committee

Co-Sponsored by Mr. Sheridan, District 4; Mr. Denesha, District 6;

Mr. Perkins, District 7; Mr. Arquiett, District 13; and Mr. Lightfoot, District 3

 

BE IT ENACTED by the Board of Legislators of the County of St. Lawrence, as follows:

 

SECTION 1.   TITLE

 

This local law shall be known as “Re-Establishing the St. Lawrence County Trail System and establishing the St. Lawrence County Trail Permitting Process”

 

SECTION 2.   STATUTORY AUTHORITY

 

This local law is enacted pursuant to the following authority:

 

A.  Municipal Home Rule Law (“MHL”) §10(1)(i) provides that a county may adopt local laws relating to its property, affairs or government provided it is not inconsistent with the provisions of the constitution or any general law.

 

B.  County Law § 219(1) provides that a county may utilize its reforestation properties “for recreation and kindred purposes.” This has been interpreted as authorizing a county to designate reforestation lands for use by all-terrain vehicles (“ATVs”), provided that such use is consistent with forest and wildlife conservation and watershed protection. Opinion Atty. Gen. Op. No. 2002-1.

 

C.  Vehicle and Traffic Law § 2405(2) states that: “a municipality, by ordinance or local law, may designate any appropriate public lands, waters and properties other than highways under its jurisdiction as a place open for travel by ATVs upon written request for such designation by any person, and may impose restrictions and conditions for the regulation and safe operation of ATVs on such public property. . .”

 

SECTION 3.  PURPOSE

 

A.  The purpose is to establish Local Law No. ___, “A Local Law Re-Establishing the St. Lawrence County Trail System and Establishing the St. Lawrence County Trail Permitting Process”, by incorporation of reference to the Local Laws adopted thereto since 2006, and to update by amendment various provisions of the Local Law and thereby Re-Establish the St. Lawrence County Trail System.

 

 

 

 

B.  This Local Law is to:

 

  1. Establish a network of trails and interconnecting roads (“Trail System”) that is available for ATV operation throughout St. Lawrence County.

 

  1. Establish a set of guidelines for the potential expansion of such ATV trail system.

 

  1. Establish a methodology for managing the trail system and implementing appropriate procedures to mitigate environmental impacts and provide for the long-term preservation of natural resources.

 

SECTION 4.   LEGISLATIVE FINDINGS

 

The Board of Legislators hereby restates and makes the following findings in support of this Local Law:

 

A.  That the Board of Legislators received and reviewed and adopted Resolution No. 149-2011, on May 2, 2011 that determined that the St. Lawrence County Multi-use Trail Plan DGEIS (“Trail Plan”) was complete and as a result, the DGEIS was deemed adequate for the purpose of commencing public review of the document, which set forth a resource management plan for the development of a network of interconnecting trails throughout St. Lawrence County for outdoor enthusiasts who enjoy the use and operation of all-terrain vehicles (“ATVs”).  The Trail Plan contemplates the creation of a St. Lawrence County Trail System (“Trail System”), which is an identified and designated system of trails and interconnecting roads.  The Trail System may include:

 

  1. Trails located on County Reforestation Lands and/or other lands the County may own.

 

  1. Trails located on private lands that are designated as open to the public.

 

  1. Railroad Corridors.

 

  1. Utility Corridors.

 

  1. Recreation Easements.

 

  1. Interconnecting Town Roads (as authorized by local law by the respective townships).

 

  1. Interconnecting County Roads (as authorized by local law).

 

B.  The goal of the Trail Plan was to set out the management objectives and guidelines for the development of the Trail System so that the interests of ATV operators could be balanced with the long-term preservation of the environment and the County’s natural resources for future generations.

 

C.  Before taking action with respect to the proposed Trail Plan, the Board of Legislators, acting as lead agency, conducted an extensive review of the potential impacts to the environment pursuant to Article 8 of the Environmental Conservation Law of the State of New York, as amended, and Title 6, Part 617 of the New York Codes, Rules and Regulations (“NYCRR”) implementing Article 8 (collectively referred to hereinafter as “SEQRA”).

 

D.  The Board of Legislators further determined that pursuant to Part 6 NYCRR § 617.6(a)(4), preparation of a draft Generic Environmental Impact Statement (“GEIS”) would better serve the Board in assessing potential environmental impacts.

 

E.  The Board of Legislators has heretofore accepted the Final GEIS and has adopted a Findings Statement in accordance therewith.

 

F.  That the Trail Plan has been reviewed and revised, where necessary, in order to assure that it conforms to the GEIS and its related Findings.  Contemporaneously, the Board of Legislators formally approved and adopted by resolution the Trail Plan in its final form. 

 

G.  The Board of Legislators further finds that one of the key elements of the Trail System is the development of trails on County-owned reforestation lands.  The Board is equally aware that the reforestation lands are valuable assets to the County and its residents both now and for generations to come.  Therefore, the Board finds that it is incumbent upon them to set forth clearly defined rules and regulations as to the use of the reforestation lands, and more particularly the use of the trails thereon.

 

H.  The Board of Legislators further finds that similar considerations pertain to the use of trails that are now or may hereafter become available to the County for incorporation into the Trail System, whether such trails are located on private property, along former railroad beds or utility corridors.

 

I.  Furthermore, the Board of Legislators finds that this Local Law is necessary in order to set forth certain procedures for the development of the Trail System in order to assure that both present and future development complies with the GEIS and its related Findings.

 

SECTION 5.  DEFINITIONS

 

As used in this Local Law:

 

A.  Off Highway Vehicles (OHV):  Shall have the same meaning as All Terrain Vehicles (ATV) set forth in §2281 of the Vehicle and Traffic Law.  In addition, an OHV may include other off-road motorized or self-propelled vehicles which are not able to be registered in New York State; and more fully classified and described below:

 

            1.  ATV as defined under VTL §2281, including registered dirt bikes, ATVs, UTVs,

                 under the weight and length limit set forth in the VTV, and as may be amended;

 

            2.  Other OHVs which are not able to be registered in New York State, provided

                 same is no more than 70 inches in width and no more than 2,000 lbs. in weight. 

                 (This classification of OHV can only access the designated off-road trails.)

 

B.  St. Lawrence County Highway Superintendent (SLCHS):  Shall refer to the individual who holds the position of St. Lawrence County Highway Superintendent, as defined under Highway Law § 100

 

C.  County:  Shall mean the County of St. Lawrence.

 

D.  County Reforestation Lands:  Lands purchased, acquired, or accepted by gift by the County of St. Lawrence for purposes of reforestation.   Pursuant to County Law § 219, County

 

reforestation lands may be used for “watershed protection.., the production of timber and forest products and for recreation and kindred purposes.”

 

E.  Current Trail Development:  Shall refer to: 

 

  1. Trails and logging roads located upon County Reforestation Lands or any other County land identified herein and designated by operation of this Local Law as open and

available for OHV trail development, subject to the rules and regulations set forth herein and the management guidelines set forth in the Trail Plan, and

 

  1. Trails located in, on or upon private property that heretofore have permitted OHV trails to be developed for use by the public pursuant to an agreement with the landowner, and

 

      1. Have been reviewed by the County in connection with the DGEIS and FGEIS, and 
      2. Are authorized by this local law to be incorporated into the St. Lawrence County Trail System by mutual agreement between the landowner and the County.

 

F.  Amendments to the Trail System:  Shall refer to amendments to the Trail System as the result of:

 

  1. County Reforestation Lands that may be designated in the future as being available for OHV development, subject to the rules and regulations set forth herein and the management guidelines set forth in the Trail Plan, or

 

  1. New OHV trails to be constructed where none existed previously on or across County Reforestation Lands that are identified by this Local Law as being available for ATV trail development, or

 

  1. Newly identified trails to be located on or across private lands, including railroad corridors or public or private utility rights-of-way.

 

G.  Hazards:  Obstacles in the trail corridor making travel unsafe; something causing unavoidable danger, peril, risk, or difficulty.

 

H.  Non-Trail Areas:  Property located directly adjacent to the designated trails in the Trail System.  Only those trails that are designated as part of the St. Lawrence County Trail system are open to the public.  Adjacent property and/or private trails that are not so designated are to be respected as private property and should not be encroached by OHV users.

 

I.  Operate:  shall mean to ride in or on, other than as a passenger, or use or control the operation of an OHV in any manner, whether or not said OHV is under way.

 

J.  Operator:  means every person who operates or is in actual physical control of an OHV.

 

K.  Railroad Corridors:  existing RR lines no longer in use by the railroads.  These corridors of land are vast stretches of land, which can be utilized for recreational trails, provided that permission is granted by the owner of the rail lines.

 

 

 

 

SECTION 6.  DESIGNATION OF COUNTY REFORESTATION LANDS FOR CURRENT

                       TRAIL DEVELOPMENT

 

A.  The Board of Legislators hereby declares that all the trails and logging roads located

in and upon County Reforestation Lands previously designated and approved by Local Law and by subsequent addition by Resolution, shall be open for the use and operation of OHV, subject to the rules and regulations herein set forth and the management guidelines set forth in the St. Lawrence County Trails Plan.

 

B.  The opening of any County Reforestation Land to trail development does not imply

that OHV use and operation is permitted in any non-trail area within the parcel of land.  The use and operation of OHVs on County Reforestation Lands shall be strictly limited to the designated and signed trails within such parcel, as hereinafter set forth.

 

SECTION 7.  DEVELOPMENT OF ATV TRAILS ON DESIGNATED COUNTY

                       REFORESTATION LANDS:

 

A.  Upon the designation of any County Reforestation Land by the Board of Legislators,

upon consultation with the St. Lawrence County Multi-use Trail Committee, through this Local Law or any future local law, as available for Trail Development, the Board of Legislators hereby authorizes the St. Lawrence County Highway Superintendent (SLCHS) or their designee to develop ATV trails in and upon such land in the following manner:

 

  1. The SLCHS or their designee to personally inspect the proposed parcel of land and/or the proposed trail and map out with as much specificity as possible where any proposed ATV trails would be located on the parcel of land (including GPS coordinates for such proposed trails, where possible).

 

  1. Designate such existing truck trails, logging roads or similar trails as open for use by  OHVs by marking the same with appropriate signs, provided that:

 

  1. The SLCHS, or their designee, determines, that such use is consistent with forest and wildlife conservation and watershed protection and does not otherwise interfere with the County’s reforestation plans; and
  2. Each such truck trail, logging road or similar trail is clearly marked with signs to be placed thereon by the SLCHS, or their designee.

 

3.   All signs to be used by the SLCHS for the purposes set forth in this Local Law shall be of uniform size, shape, lettering, and marking; shall include the St. Lawrence County official logo; and shall clearly and concisely inform the public that the trail is open for the operation of OHV, or restricted by OHV classification as determined by the SLCHS, or their designee.

 

B.  Nothing contained herein shall be construed to obligate the SLCHS, or their designee, to open any particular truck trail, logging road or similar trail or any part thereof for use by all classifications of OHV on a trail.  Such determination, including classification of OHV for access on any or all trails shall be at the sole discretion of the SLCHS or their designee.

 

 

 

 

 

SECTION 8.  AMENDMENTS TO THE TRAIL SYSTEM

 

A.  In the event that the SLCHS receives (i) a written request from an individual or organization to open additional County Reforestation Lands or any other land owned or controlled by the County to trail development, or (ii) a written request from an individual or organization to construct a new trail upon a County Reforestation Land that is herein or hereafter being opened

for trail development, or (iii) a written request from an individual or organization to open trails on private parcels of land or railroad or utility right-of-ways or corridors, the SLCHS, or their designee, shall take the following steps:

 

  1. Perform an initial evaluation of the application, assessing the feasibility of admitting the property based upon several factors, including: the property’s overall potential for

enhancing the existing trail system; proof of property ownership; the property owner’s willingness to execute an access agreement with the County; the property’s ability to safely host OHV travel; and such other factors as deemed reasonable and prudent by the SLCHS.

 

  1. the initial evaluation of the application of the SLCHS or the designee indicates that it may be feasible to admit the property, he/she can authorize the performance of a more detailed environmental review pursuant to SEQRA, with the Board of  Legislators or the St. Lawrence County Soil and Water Conservation District serving as Lead Agency for such review.

 

  1. Upon completion of a substantive environmental review, the SLCHS will forward to the Board of Legislators the results of such review, plus a recommendation on property admission.  The Board of Legislators will then finalize its own review of the available information, complete its SEQRA Lead Agency responsibilities, if required, and ultimately decide whether or not to admit the property.

 

  1. In the event that the Board of Legislators deems it appropriate to admit the property to the Trail System, the Board shall amend the Trail System as follows:

 

  1. If County Reforestation Land, by local law designating any or all County land as open for the use and operation of OHV, subject to the rules and regulations herein set forth and the management guidelines set forth in the St. Lawrence County Trails Plan.
  2. If private property, by resolution of the Board of Legislators approving an access agreement between the landowner and the County, and subject to the rules and regulations herein set forth and the management guidelines set forth in the St. Lawrence County Trails Plan.

 

 B.  Upon admission to the Trail System as set forth above, the property shall be identified and mapped by the SLCHS, or their designee, as described in Section 7 above.

 

SECTION 9.  INTERCONNECTING PUBLIC HIGHWAYS

 

A.  It is anticipated that the Trail System may include one or more public highways that will interconnect with the trails located on County Reforestation Lands or any other County land, and the off-road trails on private property that have been identified and signed as incorporated into the St. Lawrence County Trail System.  Interconnecting public highways may be incorporated into the St. Lawrence County Trail System under the following conditions:

 

 

  1. The highway in question has been designated for use by ATV traffic by appropriate government action pursuant to Vehicle and Traffic Law § 2405 by the governmental agency having jurisdiction.

 

  1. In the case of a town highway, the SLCHS has received a concurring resolution or local law from the town board setting forth their consent or designation that said portion of the town highway is open to ATV access, and therefore can be included as a designated highway into the St. Lawrence County Trail System.

 

  1. In the event that either a town road or County Highway has not been reviewed pursuant to the GEIS performed by the County and identified on the map attached to the FGEIS,

the SLCHS initiates the procedures set forth in subparagraphs “b” and “c” of Section 7, Paragraph 1 above.

 

  1. The SLCHS, or their designee, identifies the highway as being incorporated into the Trail System by placing or causing to be placed thereon appropriate St. Lawrence County Trail signs as well as identifying such highway on maps produced by the Trails Department for public use.

 

SECTION 10.  OPERATION OF ATVs ON THE ST. LAWRENCE COUNTY TRAIL

                         SYSTEM

 

A.  No person shall operate an OHV on the Trail System except in conformance with this

Local Law, the St. Lawrence County ATV Code and any other applicable law, rule or ordinance.

 

B.  No person shall operate an OHV on the Trail System except where designated and marked for such classified use by appropriate signage as hereinafter provided.

 

C.  No person shall operate an OHV in or on a non-trail area as defined herein, or on a trail not designated for that OHV classification.  Any person who operates an OHV on the Trail System:

 

  1. Upon a trail that is marked and signed as “closed” or otherwise has not been designated and marked as being “open” for such use and or classification, or

 

  1. Operates an OHV outside of the designated and signed trail shall be guilty of trespass and any other identified violation(s) of law, and shall be subject to prosecution under civil and criminal laws, as appropriate.

 

SECTION 11.  ST. LAWRENCE COUNTY ATV TRAIL PERMITS

 

A.  Except as hereinafter provided, no person shall operate any OHV on any County Reforestation Land, County Property, or any trail on private property that has been incorporated into the St. Lawrence County Trail System unless such OHV has received a St. Lawrence County Trail Permit in accordance with the provisions of this Local Law, and the St. Lawrence County Trail Permit number for such OHV is in full force and effect and displayed as provided under this Local Law and regulations promulgated hereunder.

 

An OHV which is to be operated and have access to the St. Lawrence County Trail System shall provide for coverages required of an “owner’s policy of liability insurance”, issued by an insurance carrier authorized to do business in the State of New York.  The owner or operator of

 

the OHV shall carry a copy of said insurance coverage at all times while accessing the Trail System, and produce same upon the request of any person having authority to enforce the

provisions of this Local Law and NYS VTL §2407, and any person(s) who claims to have suffered personal injury or property damage as a result of the operation of such OHV, as more fully set forth in VTL § 2407.

 

B.  The St. Lawrence County SLCHS or her/his designee is hereby authorized to issue a St. Lawrence County Trail Permit or a Trail Pass and assign a St. Lawrence County Trail Permit or Trail Pass number to each such OTV, upon the receipt of a completed application and payment of appropriate permit fee(s) as hereinafter provided.

 

  1. The ATV Permit Season shall run from May 15th through September 15th of each year, unless otherwise established by the Board of Legislators on or before its March Board meeting.  Notwithstanding the foregoing, the SLCHS, after consultation with the Board of Legislators, is authorized to delay the opening date of any or all of the trails within the Trail System based upon weather and environmental conditions.  In such event, the SLCHS, or their designee, shall post the trails accordingly, provide notice of the date of opening on the County website, Chamber of Commerce website, and provide other means of notification as deemed reasonable and appropriate.

 

  1. A Trail Permit shall be valid from the date of issuance through and including the last day of the Permit Season for which it was issued, except that a trail permit purchased on or after the Tuesday after Labor Day shall be valid for the following Permit Season.

 

  1. A Trail Pass shall be valid for a period not to exceed three (3) consecutive days, provided that in no event shall a Trail Pass allow use of the Trail System beyond the closing date of the Permit Season as set forth above.

 

  1. The SLCHS, or their designee, is authorized to provide for and post a free Three (3) Day Pass weekend the first full weekend of August (Friday, Saturday, Sunday), as determined by the Director and the Board of Legislators.

 

  1. The Board of Legislators may license designated outlets who shall be authorized to receive permit applications, receive permit fees and transmit the same to the SLCHS, and issue permits to the applicant, all in accordance with the terms of such license agreement as approved by the Board of Legislators.

 

  1. The Board of Legislators authorizes the SLCHS and/or her designated vendor to provide for the receipt of permit applications and permit fees through a secure internet site to be administered by the Director or her designee.

 

  1. Notwithstanding the above, the SLCHS and Board of Legislators shall have the discretion to open and/or close any part of the trail system at any time for environmental and safety concerns, trail maintenance, and for any other reason.

 

C.  Fees.  Fees for the issuance of a St. Lawrence County Trail Permit to be collected by the St. Lawrence County under this Local Law are as follows:

 

 

 

 

 

  1. A fee of sixty-five dollars ($65) for the first OHV applicant who is not a current, registered member of an OHV club with an active OHV Trail Agreement with St. Lawrence County.

 

  1. A fee of forty-five ($45) dollars for the first OHV for which a Trail Permit is requested where the applicant must present proof of current, registered membership in an OHV Club with an active OHV Trail Agreement with the County.

 

  1. In the event that an applicant wishes to obtain permits for more than one OHV, the applicant must show proof that all additional OHVs are owned/registered to the same address. The permit fee for each additional OHV shall then be $20 per machine.

 

  1. Fees shall not be pro-rated for the Permit Season, and such fees shall be applicable to the year in which the permit is issued, except that permits purchased on or after the Tuesday after Labor Day shall be valid the following Permit Season.

 

  1. The provisions of paragraphs a. and b. of this subdivision shall not apply to any landowner who has entered into and has an active access agreement with the County to permit the development of one or more OHV trails on his/her property.

 

  1. As an alternative to obtaining a Trail Permit, an OHV operator may purchase a three (3) day Trail Pass.  The fee for the Trail Pass shall be twenty ($20) dollars each.  The trail pass shall allow the holder thereof use of the appropriate Trail System for the classification of the OHV for a period of no longer than three (3) consecutive days.

 

    1. The Trail Pass shall be of such design and material as determined by the SLCHS.
    2. To obtain a Trail Pass, an OHV operator must complete an application and provide the same information as is required to obtain a Trail Permit.
    3. The SLCHS may establish such other rules and regulations for administering the purchase and sale of Trail Passes as deemed necessary and consistent with the regulations provided in these local laws.  All other rules and regulations that apply to Trail Permits shall equally apply to Trail Passes.

 

D.  Application. The owner of each OHV requiring St. Lawrence County Trail Permit or Trail Pass under this Local Law shall present an application for a St. Lawrence County Permit or Trail Pass to the St. Lawrence County Highway Superintendent, or her/his designee as provided in Paragraph 2 above, on a form to be prepared and furnished by the St. Lawrence County SLCHS for that purpose. Such application shall contain, but not be limited to the following information:

 

  1. Vehicle Identification Number (VIN#) and/or License Plate Number;

 

  1. Check off of all appropriate information, including that the applicant has proper insurance coverage for the vehicle (s);

 

  1. Proper execution of agreement with any and all waivers, including but not limited to knowledge and understanding of all requirements for operation of ATVs and New York State ATV Laws;

 

  1. Payment of appropriate fee(s) as provided in Paragraph 4 above.

 

 

 

Upon receipt of a completed application, the SLCHS, or their designee, shall issue a St. Lawrence County Trails Permit or Trail Pass, with the appropriate identifying receipt and/or sticker.  The Trail Permit/Pass receipt must be carried by the OHV operator at all times, and any issued sticker properly affixed. No duplicate for lost or damaged Permits/stickers will be issued.  No OHV shall be considered as validly using or accessing the St. Lawrence County Trail System within the meaning of this section unless a current St. Lawrence County Trail Permit and sticker are issued, possessed, and affixed.

 

E.  Renewal. Every owner of an OHV shall renew his or her St. Lawrence County Trail Permit each calendar year by submitting an application together with the appropriate information, attestations, fees and waivers.  The Owner is to keep a copy of the permit renewal receipt.

 

F.  Exemption. No Trail Permits shall be required for the following described OHVs:

 

  1. OHV owned and operated by St. Lawrence County and used by the St. Lawrence County SLCHS, St. Lawrence County Sheriff, or any deputy, special patrolman or peace officer employed thereby; St. Lawrence County Emergency Management Services Director and Assistant.

 

  1. Landowners who have signed Landowner Use Agreements with St. Lawrence County for the Multi-Use Trail System.

 

  1. OHV owned and operated by NYS Police, Department of Environmental Conservation, Department of Parks and Recreation or any other department thereof.

 

  1. Search and Rescue Responders and Fire Department Responders to an emergency.

 

G.  Special events.  The person(s) or entity in charge of a special event involving the operation of ATVs shall comply with the provisions of section twenty-four hundred eight of the Vehicle and Traffic Law, including but not limited to providing the SLCHS with at least thirty (30) days prior Notice of the scheduled special event.  Governmental agencies having jurisdiction over the proposed special event shall either grant or deny authorization to hold a special event within thirty days after receipt of a full and complete application for authorization as described in VTL §2408. The event shall not be conducted without prior written authorization from the governmental agencies having jurisdiction over the site(s).  OHVs participating in a properly Noticed and Approved special event may be exempted from the provisions of this Local Law concerning Trail Permits, at the discretion of the Board of Legislators.

 

H.  Responsibility for operation by minors.  No owner or other person in possession of any OHV shall authorize or knowingly permit any person under eighteen years of age to operate such OHV in violation of any provisions of this section.

 

I.  Violations.

 

  1. Any person who rides on the St. Lawrence County Trail System without a valid Permit, shall be fined the sum of $125 for the first offense, $250 for the second offense, and shall be subject to the offending OHV being impounded; these fines shall also apply to the record owner of the machine.

 

 

 

 

  1. Any person who enters upon property other than the trail system shall be subject to trespass and any other appropriate violations of the law.  Such person(s) shall be fined the sum of $125 for the first offense and shall be banned from the Trail System for the

remainder of the Season with the Trail Permit revoked.  Such person(s) shall be fined the sum of $250 for the second offense and may be permanently banned from the Trail System.

 

  1. Any person who is convicted of violation of the speed limit (25 miles per hour) within the trail system shall receive a fine of $250 for the first offense, $500 for the second offense and with the immediate revocation of the Trail Permit(s) issued to that person.

 

  1. Any person who violates any other provisions of this the Local Law, the St. Lawrence County ATV Code Local Law, or any other State or Local Law or regulation shall be guilty of a traffic infraction and/or all other appropriate laws and regulations so violated.  A person guilty of a first offense shall receive a fine of $125 in addition to any other fines specifically set forth in the VTL, ECL or other relevant statute.  Upon conviction of a second offense occurring within one calendar year, the offender shall receive a fine of

$250, and all Trail Permits issued to the owner and operator thereof shall be revoked for a period of one calendar year from the date of conviction.   The aforesaid is in addition to any other appropriate fines and remedies at law.

 

J.  Rules and regulations. The SLCHS shall promulgate such other rules and regulations as he or she may deem necessary to carry out the provisions of this article, and submit same to the Board of Legislators for approval and adoption as an amendment to this Local Law.

 

K.  Disposition of fees.  The SLCHS shall deposit all monies received from the issuance of St. Lawrence County Trail Permits for OHVs and all fees otherwise collected under this Local Law to the credit of a Recreational Trails Fund established by the St. Lawrence County Treasurer.  All such funds shall be dedicated exclusively to the establishment, maintenance and operation of the St. Lawrence County Trail System. 

 

SECTION 12.  REFERENCE TO ATV

 

Reference to “ATV” in all other ATV Local Laws subsequent thereto, including all Amendments and Additions by Local Law and/or by Resolution, shall be deemed to refer to “OHV” in accordance with this Local Law.

 

SECTION 13.  SEVERABILITY

 

In the event that any part or provision of this Local Law or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of the Local Law or the application thereof to other persons or circumstances.  Moreover, the Board of Legislators of the County of St. Lawrence hereby declares its intent that it would have passed this Local Law or the remainder thereof had such invalid provision or invalid application been apparent.

 

SECTION 14.  EFFECTIVE DATE

 

This Local Law shall take effect immediately upon filing with the Secretary of State.

 

 

STATE OF NEW YORK                        )

                                                                )  ss:

COUNTY OF ST. LAWRENCE             )

 

I, Kelly S. Pearson, Deputy Clerk of the St. Lawrence County Board of Legislators, DO HEREBY CERTIFY that I have compared this Resolution No. 138-2021 Entitled “Adopting Proposed Local Law A (No.    ) for the Year 2021, “A Local Law Re-Establishing the St. Lawrence County Multi-Use Recreational Trail System and Establishing a Trail Permitting Process””, adopted May 3, 2021, with the original record in this office and that the same is a correct transcript thereof and of the whole of said original record.

                                                                              Kelly S. Pearson                       

                                                                                                Kelly S. Pearson, Deputy Clerk

                                                                                                St. Lawrence County Board of Legislators

                                                                                                May 4, 2021