[HISTORY: Adopted by the Town Board of the Town of West Seneca 11-28-2011 by L.L. No.
11-2011. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A.
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 West Seneca
unless a permit therefor, as hereinafter prescribed, issued by the
Town Clerk is in full force and effect. Such permit shall be prominently
displayed by affixing it to the driver's side window of the vehicle
as forward as possible so as to be readily visible from the exterior
thereof.
B.
Exception. The homeowner is permitted to plow his or her own driveway
without such permit.
A.
Application forms.
(1)
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. Such forms shall contain:
(2)
The Town Clerk may require such documents and information as may
be reasonably necessary to verify the facts stated on such application.
B.
The applicant shall, at the time of the filing of his application,
pay a permit fee for each vehicle.
C.
Certificate of insurance. The applicant shall, when applying for
such permit, provide a certificate of insurance addressed to the Town
of West Seneca Town Clerk showing evidence of liability insurance
in such kinds and amounts as shall be, from time to time, determined
by the Town Board.
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 Town Clerk shall
prescribe.
E.
Such permit shall not be transferable to another owner, and the permit
fee shall not be prorated during the term of the permit.
F.
The permit holder shall sign a permit application indicating that
he agrees to hold the Town of West Seneca, 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.
G.
In the event that the Town Clerk refuses to issue a permit hereunder,
the applicant shall have the right to appeal such refusal to the Town
Board.
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.
This chapter shall be enforced by the members of the West Seneca
Police Department and the Superintendent of Highways of the Town of
West Seneca.
A.
The Town Board may, following a hearing before such Town Board, with
regard to violation of any of the terms and conditions of this chapter,
revoke or suspend 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 involved 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 be subject to the penalties provided herein.
A.
Whenever it shall be provided herein that a hearing shall be held,
such hearing shall be held on a date and at a place and hour designated
by the Town Board.
B.
The Town Clerk shall give notice of any hearing to be held hereunder,
stating the name and address of the applicant/permit holder, the subject
matter of the hearing and the date, place and hour designated therefor,
by mailing a copy of such notice to the applicant/permit holder at
the address shown on the application for permit at least 10 days prior
to the date of such hearing.
C.
The applicant/permit holder shall be entitled to be represented by
legal counsel and to present such evidence as may be relevant at any
hearing held on the denial, suspension or revocation of any permit.
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.
