[HISTORY: Adopted by the Board of Trustees
of the Village of Spring Valley 3-8-1994 by (Subpart T of the
1970 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
hereinafter as the "Snowplow Licensing Law of the Village of Spring
Valley."
It is the intention of the Board of Trustees
of the Village of Spring Valley, by adoption of this chapter, to regulate
the plowing of snow by private snow removal contractors within the
corporate area of the Village of Spring Valley in pursuance of and
for the purpose of securing and protecting the public health, convenience,
safety and welfare and preserving the peace, good order and physical
appearance of the Village of Spring Valley and its inhabitants. The
Board of Trustees finds that, in the plowing of snow by private contractors,
snow is deposited on public roads and highways, thereby creating pedestrian
and vehicular traffic safety and other hazards. It is the purpose
of this chapter to protect the general public from the hazards of
snow and the destruction of or injury to persons and property.
A.
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
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,
nor shall it include a vehicle used solely by a governmental entity
to plow snow on public roads, highways and thoroughfares.
B.
The word "shall" is always mandatory and not merely
directory.
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 Village of Spring Valley unless a permit therefor, as hereinafter
prescribed, issued by the Village Clerk of the Village of Spring Valley,
is in full force and effect and such permit is prominently displayed
by affixing to the vehicle so as to be readily visible from the exterior
thereof.
A.
Application for such permit shall be made to the Village
Clerk of the Village of Spring Valley by the owner of the vehicle,
in writing, upon forms to be furnished by said Village 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 Village Clerk shall require. The Village
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 the filing of his application, pay a permit fee for each vehicle as set forth in Chapter 118, Fees.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
If such application or applications shall be approved
by the Village Clerk, a permit or permits shall be issued by the Village
Clerk to the applicant.
D.
Such permit shall commence November 1 and expire October
31 of the next succeeding year and shall be in such form as the Village
Clerk shall prescribe.
No person shall plow, shovel, sweep or pile
snow, ice or other materials in or beyond the right-of-way of any
street or public highway, block fire hydrants or cause such to be
done so as to interfere with the safety and convenience of public
travel.
[Amended 3-23-2010 by L.L. No. 3-2010]
The Police Department of the Village of Spring
Valley, the Department of Public Works and/or the code enforcement
officers shall have the power, right and authority to issue an appearance
ticket for the violation of any section or provision of this chapter.
A.
The Village Board may, following a hearing before
such Village Board, revoke the permit or permits granted to any person,
firm or corporation under the authority of this chapter or any law,
rule or regulations relating to snowplowing.
B.
In addition to any other penalties that may be invoked
under this chapter, any person, firm or corporation violating any
of the provisions of this chapter shall be guilty of a violation and
shall be punished by a fine not to exceed $5,000 or imprisonment not
to exceed 15 days, or both. In the case of a continuing violation
of this chapter, each day that such violation exists shall constitute
a separate and distinct violation.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
In addition to the above-provided penalties and punishment,
the Village Board may also maintain an action in the name of the village
in any court of competent jurisdiction to compel compliance with or
to restrain by injunction the violation of this chapter.
D.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
