The Town of Webb’s recently adopted snowmobile ordinance, which sets forth comprehensive rules for the legal operation of snowmobiles in the town, is on the verge of its first revision thanks to a few words that entered the law inadvertently, while surviving their way to adoption.
These words had the unintended effect of extending snowmobile access beyond Grove Trail on the north side of Old Forge, according to Councilwoman Kate Russell.
The snowmobile ordinance had been designed to round up and update the town’s existing snowmobile laws.
This was done in conjunction with a years-long codification process, which had all laws in the Town of Webb being updated and streamlined, with laws considered obsolete being removed.
“[The board] made a lot of changes in updating [certain] ordinances and superceding other ordinances,” said Town Attorney Richard Frye in explaining the process.
Laws that were removed from the ordinance are described in a disposition list at the back of ordinance, he said.
“The first one I’m looking at says ‘Dance hall,’” Frye said. “There was an old dance hall ordinance back in 1934, which was superceded by one in ‘59 that included all of that…”
The local need to regulate dance halls diminished the passage of time before becoming nonexistent, according to Frye. This is the case with other laws as well, he said.
The codified Town of Webb Ordinance was adopted on Tuesday, November 12, following a public hearing held the same night.
Excluded were three laws that had been drawn individually and passed last August.
“The decision was made to separate them because they were so lengthy, and there were quite a few changes,” Frye said.
Among these laws was the new snowmobile ordinance.
But where previous ordinance allowed legal travel on the sidewalk from the Pied Piper to the Grove Trail, the new ordinance created an extended access.
This was not intended, according to Councilwoman Mary Brophy-Moore.
Councilwoman Kate Russell agreed, as did the rest of the board, that a change to the existing travel designation had not been introduced intentionally, nor had it been discussed by the board.
They also apologized that the change went unnoticed through the adoption process.
Effectively, the ordinance as it was passed allows snowmobiles to cross to the west side of Route 28 at Grove Trail, then continue north to the far end of the Schueler’s Sled Shed property.
Councilwoman Moore said she is interested in details as to how the language found its way into the ordinance.
“I’d really like to know how it happened, because it’s very specific in terms of using a tax ID number, which [designates the Schueler property],” she said.
Moore also pointed out that such a change, had it been intended, would require more than simple board approval.
Because it’s adjacent to Route 28, it involves a state right-of-way. This would require notification of the New York State Department of Transportation, she said.
Attorney Frye said he would check his notes to see how the incorrect language entered the ordinance.
Councilman J.B. Herron said it seems clear the language originated with a proposed resolution from a few years back.
Bob and Debbie Schueler had petitioned the board to extend snowmobile access beyond Grove Trail to their planned business on Route 28.
The Town Attorney was authorized to draft a resolution that was first published in April, 2008, as Local Law No. 1 of 2008.
This resolution would have allowed snowmobiles to cross Route 28 at Grove Trail and then travel north to the Schueler property.
It wasn’t until July of that year that the resolution was modified to propose the moving of snowmobile traffic to the Water Safari side of Route 28, starting at the Pied Piper crossing.
This was done at the board’s request to eliminate the need for a new Route 28 crossing at Grove Trail. Some board members felt this would improve safety.
Additionally, the shift of snowmobile traffic to the west of Route 28—the Water Safari side—would allow for the separation of pedestrians and snowmobiles. Historically the two co-mingled, and still do.
The revised resolution still failed to get majority approval when the board voted on August 12, 2008. The vote was 3-to-2 against adoption.
And this was not the first time the issue had come up.
Records show that a September 11, 2007 public hearing was held to discuss a snowmobile crossing at Grove Trail for northward travel to the far end of the Schueler property.
This was presented as Local Law #2 of 2007. Tim Foley was the acting attorney for the town.
Though these resolutions were never adopted, the language somehow found itself in the new ordinance.
The fix is not complicated though, according to Attorney Frye.
He said an amendment to the new law would be required, and that he would prepare one to be considered by the board at its next regular meeting.