[HISTORY: Adopted by the Town Board of the Town of Amherst 12-18-1972 by L.L. No. 1-1972. Amendments noted where applicable. For additional information regarding 2010, 2011 and 2012 state local law numbers, refer to the Disposition List at the end of this volume.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 186.
As used in this chapter, the following terms shall have the meanings indicated:
PUBLIC SIDEWALK
Any sidewalk found in the right-of-way along a public road, whether adjoining public or privately owned property or any sidewalk on private land subject to an easement in favor of the public.
[Added 10-4-1999 by L.L. No. 6-1999]
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.
[Amended 9-26-2011 by L.L. No. 22-2011]
No person, firm or corporation shall plow snow or cause or allow same to be plowed by the use of any vehicle within the Town of Amherst outside the Village of Williamsville unless a permit therefore as hereinafter prescribed, issued by the Town Clerk, 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. Each snowplowing season shall be identified by a permit sticker of a different color.
[Amended 9-26-2011 by L.L. No. 22-2011; 12-19-2011 by L.L. No. 32-2011; 12-20-2021 by L.L. No. 16-2021]
A. 
Application for such permit shall be made to the Town Clerk by the owner of the vehicle, in writing, upon forms to be furnished by said Town Clerk, which 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 Town Clerk shall require. The Town Clerk may require such documents and information as may be reasonably necessary to verify the facts stated in such application. The applicant shall, at the time of the filing of the application pay a non-refundable permit fee of ($40.00) for each vehicle. The permit fee can be amended from time to time by resolution of the Town Board of Amherst. The applications shall be approved by the Town Clerk’s Office. In the event that the Town Clerk denies a permit application, the applicant shall have the right to appeal the denial to the Town Board. Such permit shall be valid for the period commencing September 1st and expiring the next August 31st and shall be in such form as the Town Clerk shall prescribe. Any permit previously issued for the 2021-2022 season shall be extended to August 2022. Such permit shall not be transferable to another owner.
B. 
A list of all of the permitted snowplowing company vehicles that have been issued permits shall be listed on the Town of Amherst’s website.
[Amended 10-4-1999 by L.L. No. 6-1999]
No person or private entity shall plow, shovel, sweep or pile snow, ice or other materials in or beyond the right-of-way of any street or public highway or upon any public sidewalk, or cause such to be done so as to interfere with the safety and convenience of public travel.
[Amended 9-26-2011 by L.L. No. 22-2011]
This chapter shall be enforced by the members of the Amherst Police Department, the Superintendent of Highways of the Town of Amherst, the Refuse Department, the Building Department and such other persons as he shall designate.
A. 
The Town Board may, following a hearing before such Town Board, revoke the permit or permits granted to any person, firm or corporation under the authority of this chapter or any law, ordinance, rule or regulation relating to snowplowing or snow removal.
B. 
In addition to any other penalties that may be invoked under this chapter, any violation by a person, firm or corporation of any provision of this chapter shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.
C. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
If any article, section, subdivision, paragraph or provision of this chapter is adjudged to be invalid, such adjudication shall apply only to such portion thereof so expressly adjudged invalid, and the remainder of this chapter shall be deemed to be in all respects valid and effective.