[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.]
GENERAL REFERENCES
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:
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).
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.
A designated location where snow may be dumped as a part
of the snow removal process.
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.
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.
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.
A.
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.
B.
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.
A.
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:
(1)
The name, address, telephone number, and age of the applicant and,
if the applicant is a corporation or firm, the officers of said corporation.
(2)
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.
(3)
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.
(4)
Such other information as may be required by the Village of Clyde
Department of Public Works, Police Department, or Code Enforcement
Officer.
(5)
The Licensing Officer may require such documents and information
as may be necessary to verify the facts stated in such application.
B.
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.
C.
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.
D.
The applicant shall be required to submit with his/her application:
(1)
Proof of current licensure by any other required licensing agency
(i.e., driver's license).
(2)
Proof that required liability insurance is in place. The minimum
insurance shall be maintained at all times during the term of the
license.
(3)
The minimum required liability insurance shall be determined by the
Village Board in consultation with the Village Attorney.
E.
Such license shall not be transferable.
F.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Unless designated otherwise by the Village Board, the Village Clerk
shall serve as Licensing Officer for purposes of the administration
of this chapter.
A.
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.
B.
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.
C.
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.
D.
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.
