[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 1-25-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 176.
This chapter shall be known and may be cited hereafter as the "Snowplow Licensing Law of the Village of Clyde."
This chapter provides for the regulation and licensing of persons engaged in the business of snow removal in order to promote the health, safety, morals and general welfare of the inhabitants of the Village of Clyde.
As used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings as indicated:
- FRONT END LOADER
- A vehicle used in construction and sidewalk maintenance to move aside or load materials such as asphalt, demolition debris, dirt, snow, feed, gravel, logs, raw minerals, recycled material, rock, sand, woodchips, etc., into or onto another type of machinery (such as a dump truck, conveyor belt, feed-hopper, or railroad car).
- SANDER (SALT SPREADER)
- A device for spreading salt or sand on icy roads or other surfaces; also the device together with the vehicle that bears it.
- Indicates a mandatory requirement.
- SNOW DUMP SITE
- A designated location where snow may be dumped as a part of the snow removal process.
- SNOW REMOVAL
- The process of removing ice and snow from roads, driveways, parking lots, sidewalks, trails, walkways or other areas after a snowfall to make travel easier and safer. Snow removal may involve the use of any combination of winter service equipment, including but not limited to snowplows, snowblowers, front end loaders, sanders and salt spreaders.
- A machine that clears fallen snow by blowing it to the side, whether or not the machine is self-propelled.
- A device, intended for mounting on a vehicle, used for removing snow and ice from outdoor surfaces.
- SNOWPLOW OPERATOR
- Any person or business entity which shall carry on the business of snow removal for hire on private property and who uses winter service equipment in the course of his or her business. This term shall not include a person or business entity engaged in snow removal within the confines of his/her or its own property.
- Any vehicle, as defined in the Vehicle and Traffic Law of New York State, licensed to operate on the highways of the State of New York and used as winter service equipment or used to transport winter service equipment.
- WINTER SERVICE EQUIPMENT
- Any truck, tractor, front end loader, vehicle or equipment having attachments designed to be used for snow removal and/or equipped with a sander or salt spreader. Also included shall be snowblowers or other power-driven equipment for the removal of snow. This term shall not include equipment used solely by a person or business entity engaged in snow removal within the confines of his/her own property, whether owned or leased, nor shall it include vehicles or equipment used by a governmental entity for snow removal on public roads, highways, sidewalks, pathways and thoroughfares.
All snowplow operators engaged in snow removal within the Village of Clyde, and all snowplow operators having their place of business in the Village of Clyde, shall obtain from the Licensing Officer a license to engage in said business. Said license or copy thereof shall be prominently displayed by being affixed to the vehicle(s) engaged in snow removal so as to be readily visible from the exterior thereof.
This chapter shall not be held to apply to persons under the age of 18 years who use only winter service equipment powered by engines rated at less than 20 horsepower.
No license shall be required from any person engaged under contract by the Village of Clyde for the purpose of removing any materials, products, substances, items or waste as part of an overall contract with the Village of Clyde to conduct this business.
Any person or business entity desiring to procure a license as herein provided shall file with the Licensing Officer a written application upon forms to be furnished by the Licensing Officer, providing at least the following information:
The name, address, telephone number, and age of the applicant and, if the applicant is a corporation or firm, the officers of said corporation.
The number and type of winter service equipment to be used in carrying on the business, specifying make, model, color, license number, and vehicle identification number, if any, of such equipment.
The names of all employees that he or she will employ in the business. It shall be the duty of the snowplow operator to ensure that all of his or her employees comply with the provisions of this chapter.
Such other information as may be required by the Village of Clyde Department of Public Works, Police Department, or Code Enforcement Officer.
The Licensing Officer may require such documents and information as may be necessary to verify the facts stated in such application.
The applicant shall, at the time of the filing of his or her application, pay a license fee of $20. In addition thereto, there shall be a registration fee of $5 for each piece of winter service equipment used in the business. These fees shall cover the licensing for the snowplow operator's employees to the extent they are listed on his or her application for license.
The application shall include a statement that the applicant will faithfully adhere to the provisions of the laws of the State of New York and the Village of Clyde as they relate to his business and the conduct thereof.
The applicant shall be required to submit with his/her application:
Proof of current licensure by any other required licensing agency (i.e., driver's license).
Proof that required liability insurance is in place. The minimum insurance shall be maintained at all times during the term of the license.
The minimum required liability insurance shall be determined by the Village Board in consultation with the Village Attorney.
Such license shall not be transferable.
Upon the filing of an affidavit or such other proof as may be required by the Licensing Officer, a substitute or replacement license may be issued upon the payment of a fee of $10.
Upon receipt of a duly executed application, as provided in this chapter, the Licensing Officer shall issue a license to engage in said business of snowplow operator.
Such license shall be valid until the 14th day of November next succeeding its issuance, unless sooner revoked.
Licenses issued under this chapter shall be issued upon and subject to the following conditions:
That the licensee shall not change or add winter service equipment or employees to his or her business without first notifying the Licensing Officer, in writing, and paying a registration fee of $5 for each new piece of equipment or group of employees.
That the vehicles and winter service equipment shall be equipped with suitable lighting and warning devices as required by the Vehicle and Traffic Law of New York State. Any person operating a motor vehicle and engaging in the plowing of snow for hire shall have affixed to his or her vehicle a working amber light visible to all approaching traffic under normal atmospheric conditions from a distance of 500 feet from such vehicle.
No one shall plow or remove snow in such a manner that it blocks sidewalks, leaves piles in the roadways, or pushes or places snow or other material across any roadway or street onto property other than that being plowed.
That the licensee will comply with all provisions of this chapter in conducting his or her business, and that the Village Board of Trustees may revoke such license for any violation of this chapter or any other provision of this Code.
That the licensee shall not transport snow and ice from any premises to any other premises, except for transportation to an approved snow dump site.
That the licensee shall not engage in snow removal within public the right-of-way, except that which is necessary to clear sidewalks and driveway entrances to private property.
No person shall plow, shovel, sweep, blow or pile snow, ice or other materials within the right-of-way of any sidewalk, street, public highway, alley, pathway or trail, or cause such to be done, so as to interfere with public safety or convenience.
In addition to any other conduct prohibited under the Village of Clyde Municipal Code, it is a violation to fail to replace, within four weeks of damage by a snowplow operator engaged in snow removal services, any property damaged, destroyed or removed, whether landscaping, driveways, roads, trees, or other property of any kind located in the Village.
When it shall appear that a licensee has violated any provision of this code relative to the business of snowplow operator, the Superintendent (Foreman) of Public Works, Code Enforcement Officer, Police Chief (Officer in Charge), or Licensing Officer shall be empowered to recommend to the Village Board that such license be revoked.
The Police Department servicing the Village and/or the Code Enforcement Officer and his or her deputies shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section or provision of this chapter.
Unless designated otherwise by the Village Board, the Village Clerk shall serve as Licensing Officer for purposes of the administration of this chapter.
The Village Board may, following a hearing, revoke the license or licenses granted to any person, firm or corporation under the authority of this chapter for failure to comply with any of the terms of this chapter or any other law, ordinance, rule or regulation relating to snow removal for good cause shown.
In addition to any other penalties that may be invoked under this chapter, any violation by a person, firm or corporation of any of the provisions of this chapter shall be deemed an offense punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both. Each week that such violation exists shall constitute a separate and distinct offense.
The Code Enforcement Officer and any law enforcement officer with jurisdiction in the Village of Clyde shall have the authority to issue appearance tickets for violation of this chapter.
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.