City of North Tonawanda, NY Chapter 80 Snow Vehicles

[HISTORY: Adopted by Common Council of City of North Tonawanda: Article I, 12-15-1969, effective 12-30-1969; Article II, 11-4-1986, amended in its entirety 1-6-1987. Subsequent amendments noted where applicable.]

Article I Snowmobiles

[Adopted 12-15-1969, effective 12-30-1969]

§ 80-1 Hours limited; equipment.

[Amended 1-5-1970]

No person shall operate a snowmobile after 11:00 p.m. in the evening and shall not operate a snowmobile until after daylight unless such operation is on a public highway and such snowmobile is equipped with adequate headlights, braking system and muffler.

§ 80-2 Operating on private property limited.

No snowmobile shall be operated on private property other than land owned by the operator or his immediate family unless written consent for such operation is given by the owner of such other property.

§ 80-3 Operating on sidewalks prohibited.

No person shall operate a snowmobile on any of the sidewalks or pedestrian pathways at any time.

§ 80-4 Penalties for violation.

Any person who shall violate any of the provisions of this ordinance shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine not to exceed $250.

§ 80-5 When effective.

This ordinance shall take effect upon advertisement by the City Clerk.

§ 80-6 (Reserved)

§ 80-7 (Reserved)

§ 80-8 (Reserved)

§ 80-9 (Reserved)

Article II Snowplowing

[Adopted 11-4-1986; amended in its entirety 1-6-1987]

§ 80-10 Definitions.

As used in this article, the following terms shall have the meanings indicated:

VEHICLE

Any vehicle, as defined in the Vehicle and Traffic Law of the State of New York, licensed to operate on the highways of the State of New York and used to plow snow; but the term shall not include a vehicle used solely by a person, firm or corporation to plow snow within the confines of his or its own property, whether owned or leased.

§ 80-11 Permit required; display of permit.

No person, firm or corporation shall plow snow or cause or allow the same to be plowed by the use of any vehicle within the City of North Tonawanda unless a permit therefor as hereinafter prescribed, issued by the City Clerk of the City of North Tonawanda, is in full force and effect and such permit is prominently displayed by affixing it to the vehicle so as to be readily visible from the exterior thereof.

§ 80-12 Application for permit; fee; conditions.

A. Application for such permit shall be made to the City Clerk of the City of North Tonawanda by the owner of the vehicle, in writing, upon forms to be furnished by said City Clerk, which forms shall contain the owner's name and address, the vehicle identification number, the New York State license number attached thereto and such additional information as the City Clerk shall require. The City Clerk may require such documents and information as may be reasonably necessary to verify the facts stated in such application.

B. The applicant shall, at the time of filing his application, pay a permit fee of $25 for the first vehicle and $10 for each additional vehicle.

[Amended 7-5-2000]

C. The applicant shall, at the time of the filing of his application, provide a certificate of insurance showing that the applicant has personal automobile insurance covering property damage and bodily injury. The policy shall be for a period as indicated in Subsection D and shall also indicate that notice of cancellation shall be given to the City of North Tonawanda at least 10 days prior to the same. Further, the applicant, by signature of the permit form, will agree to hold and save the City harmless from any and all damages and/or causes of action which may arise from his or her snowplowing operations within the City of North Tonawanda.

D. Such permit shall commence on October 1 and expire on April 30 of the following year and shall be in such form as the Superintendent of Public Works shall prescribe.

E. Such permit shall not be transferable to another owner.

F. The permit holder shall sign a permit application indicating that he agrees to hold the City harmless for any and all damages or suits or causes of action arising out of his snowplowing operations within the city.

§ 80-13 Obstruction of right-of-way prohibited.

A. No person shall plow, shovel, sweep or pile snow, ice or other such materials on or across the right-of-way of any street, sidewalk or public highway, on the area between the sidewalk and curb or roadway edge, or on private property such as to cause interference with the safety and convenience of public travel or such as to constitute an obstruction of the sight of persons traveling by vehicle or by foot on public streets or sidewalks or on private driveways. This provision shall apply to all persons, regardless of whether or not they are engaged in snowplowing for hire.

B. No person shall plow, shovel or pile snow from a private or public driveway in such manner as to deposit the same in the public roadway or on a public sidewalk or across the street from said driveway. This provision shall apply to all persons, regardless of whether or not they are engaged in snowplowing for hire.

§ 80-14 Enforcement.

This article shall be enforced by the City of North Tonawanda Police Department and the Superintendent of Public Works.

§ 80-15 Penalties for offenses.

A. The City may, following a hearing before the City Court Judge with regard to a violation of any of the terms and conditions of this article, revoke the permit or permits granted to any person, firm or corporation under the authority of this article.

B. In addition to revocation, the court may also impose, upon the finding of a violation of this article, a fine not to exceed $250. Each and every day that a violation of this article is found shall be deemed a separate and continuing offense and a violation of this article.