[Adopted 2-13-2006 by L.L. No. 3-2006]
The purpose of this article is to regulate the
plowing of snow by private snow removal contractors within the territorial
limits of the Town of Tuxedo in pursuance of and for the objective
of securing and protecting the public health, convenience, safety
and the welfare of its inhabitants and preserving the peace, good
order and physical appearance of the Town of Tuxedo. The Town Board
finds that in the plowing of snow by private removal contractors,
snow is deposited on public roads and highways, thereby creating pedestrian
and vehicular traffic safety and other hazards. The regulation of
snow removal practices promulgated hereunder is designed to protect
the general public from the hazard of snow and the injury to persons
or destruction of property.
As used in this article, the following terms,
phrases, words and their derivations shall have the meanings indicated
herein. The word "shall" is always mandatory and not merely directory.
Unless exempted as provided in § 83-33 hereof, any individual, partnership, corporation or business which is paid or barters to remove snow from the driveways, streets, roads, thoroughfares or easements of any property not owned by that individual, partnership, corporation or business in the Town of Tuxedo.
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.
No person, firm or corporation shall plow or
cause or allow snow to be plowed by the use of any vehicle within
the Town of Tuxedo, outside of the Village of Tuxedo Park, unless
a permit therefor, as hereinafter prescribed, authorized by the Town
Board and issued by the Town Clerk, is in full force and effect.
A.
Application forms. Except as herein otherwise provided,
every person desiring to engage in the business of snowplowing within
the Town of Tuxedo shall make application for such permit to the Town
Board on a form provided by the Town Clerk. The applicant shall subscribe
the application under an oath and provide the following information
thereon:
(1)
The name, address, phone number and driver's license
number of the applicant and of each driver employed by the applicant.
(2)
The number of vehicles proposed to be operated by
the applicant and a description of each such vehicle, including the
make, model, year of manufacture and vehicle identification number.
(3)
Proof of valid registration and inspection of each
vehicle to be operated.
(4)
All crimes, if any, of which the applicant, member,
officer, director or shareholder has been convicted, stating the name
and location of the courts in which convicted and the dates on which
such convictions were had and the penalties imposed therefor.
(5)
Any other relevant information which the Town Board
may require from time to time as it deems appropriate.
B.
Permit fee. The applicant shall, at the time of the
filing for such permit, pay a permit fee for each vehicle as provided
in the Standard Schedule of Fees of the Town of Tuxedo on file with
the Town Clerk, as may be set from time to time by resolution of the
Town Board.
C.
Indemnification. The applicant shall sign an indemnification
statement on the permit application indicating that he agrees to hold
the Town of Tuxedo, its agents, servants and employees harmless from
any and all damages and/or causes of action which may arise out of
his snowplowing operations within the Town.
Within seven days after receipt of an application,
the Town Clerk shall refer the application to the Town of Tuxedo Superintendent
of Highways and Police Department for investigation. The Chief of
Police shall cause an investigation to be made of the applicant and
his proposed business operation and vehicles to be permitted. All
applicants shall execute consents for release of information as may
be required. Within 14 days after referral, the Chief of Police shall
report to the Town Board the results of the investigation.
Upon the adoption of a resolution by the Town
Board approving the application, the Town Clerk shall issue a permit
to the applicant, a copy of which must be kept in all snowplowing
vehicles at all times while conducting operations under the permit.
All permits issued hereunder shall commence on October 1 and expire
on April 30 of the following year, unless sooner suspended or revoked
by the Tuxedo Town Board as hereinafter provided. Permits are not
transferable, delegable or assignable. Any permit issued hereunder
may be renewed annually for an additional one-year period upon filing
of an application containing all the information required by the provisions
of this article for original applications, upon payment of the required
fee, and upon satisfactory completion of the required investigations.
The Town Board may deny the issuance of a permit on the advisement of the Superintendent of Highways or the Chief of Police, or upon receipt of evidence of prior noncompliance with the provisions of this article, improper conduct or incompetent or destructive snowplowing operations performed in the Town. The applicant may appeal such denial by filing with the Town Clerk a written request therefor, upon receipt of which a hearing will be conducted in the manner as set for in § 83-31, Hearings.
A.
No person shall plow, shovel, sweep or pile snow,
ice or other such materials in or beyond the right-of-way of any street
or public highway or cause such to be done so as to interfere with
the safety and convenience or 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.
B.
No person shall plow, shovel or pile snow from a private
or public driveway in such a manner as to deposit the same in the
public roadway or on a public sidewalk or across the street from said
driveway.
The provisions of this article shall be enforced
by the members of the Town of Tuxedo Police Department, the Building
Inspector and the Superintendent of Highways, or such other persons
as they shall designate.
A.
Any permit issued hereunder may be suspended by the
Town Board if the holder thereof shall violate any provision of this
article, any rule or regulation adopted hereunder or any local law
of the Town, or if the permit holder is convicted of the violation
of any traffic law, ordinance or regulation of the State of New York
or of any municipality of the State of New York or of any crime or
is guilty of making a false statement or misrepresentation in his
application. Any permit issued hereunder may be suspended, pending
a hearing for revocation, by the Town Board if the holder thereof
shall be convicted of the commission of any crime or offense. Any
person who takes part in or assists in any violation of this article
shall likewise be subject to the penalties provided herein.
B.
No permit shall be revoked by the Town Board hereunder
without a hearing thereon.
Whenever it shall be provided herein that a
hearing shall be held, the following procedure shall be followed:
A.
Notice. The Town Clerk shall give notice thereof,
stating the name and address of the applicant or permit holder concerned,
the subject matter of the hearing and the date, place and hour designated
therefor, by mailing a copy of the notice of hearing to the applicant
or permit holder concerned at the address shown upon the most recent
application of such applicant or permit holder at least 20 days before
such hearing, by certified mail.
B.
Rights of parties. Upon any hearing, the applicant
or permit holder involved shall be entitled to be represented by legal
counsel and to present such competent and material testimony or other
evidence in his own behalf as may be relevant to the subject matter
of the hearing.
C.
Examination of witnesses. All witnesses shall be sworn
and examined under oath.
Any person who shall violate any of the provisions
of this article shall, upon conviction, be punished by a fine not
to exceed $250 or by imprisonment for a period not to exceed 30 days,
or by both such fine and imprisonment. Each violation of any of the
provisions of this article and each day there is a violation thereof
shall be deemed and taken to be a separate and distinct offense. In
addition, the Town Board, after a hearing, may revoke or suspend any
permit issued hereunder or may refuse to renew any permit previously
issued hereunder for violation of any of the provisions of this article.
Exempted herefrom shall be the Highway Department of the Town of Tuxedo, or any federal, state or municipal corporation or public utility, and their lawful contractors. Also exempted, except as provided in Article IV of Chapter 83 of the Town Code of the Town of Tuxedo, shall be any person, firm or corporation conducting snowplowing activities within the confines of his or its own property, whether owned or leased. The permitting requirements of this article shall not be applicable to snow removal by manual means or snow removal utilizing powered equipment of less than 25 horsepower.
