[HISTORY: Adopted by the City Council of the City of Lackawanna 8-25-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 194.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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 her own property, whether owned or leased.
No person, firm or corporation shall plow snow or cause or allow
same to be plowed by the use of any vehicle within the City of Lackawanna
unless a permit therefor as hereinafter prescribed, issued by the
City 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.
Application for such permit shall be made to the City Clerk
by the owner of the vehicle, in writing, upon forms furnished by said
City 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 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. The applicant shall, at the time of the filing of his
application, pay a permit fee of $25 for each vehicle. If such application
or applications shall be approved by the City Council, a permit or
permits shall be issued by the City Clerk to the applicant. Such permit
shall be valid for the period commencing September 1 and expiring
the next August 1 and shall be in such form as the City Clerk shall
prescribe. Permits may be renewed by the City Clerk without approval
of the City Council upon payment of the permit fee unless the permit
has been revoked by the City Council.
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.
This chapter shall be enforced by the members of the Lackawanna
Police Department, the Commissioner of Public Works of the City of
Lackawanna, the Department of Development and such other persons as
he shall delegate.
A.
The City Council may, following a hearing before the Council, 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.
This chapter shall take effect immediately.
