[Adopted 1-23-1995]
This article provides for the regulation of
persons engaged in the business of snow removal in order to promote
the health, safety and general welfare of the residents of the Town
of DeWitt.
No person shall, within the Town of DeWitt,
engage in or carry on the business of snowplowing for hire without
first having obtained a license therefor as hereinafter provided.
As used in this article, the following definitions
apply:
Any truck, tractor or other vehicle equipped with attachments
designed and to be used for the removal of snow. Also included shall
be snowblowers or other power equipment for the removal of snow.
Receiving compensation for snow removal. It shall not include
any person, business, employer or employee removing snow from his
or his employer's own property.
Any person who shall carry on the business of removing snow
for hire on private property and who uses snowplow equipment in the
course of his business.
This article shall not apply to persons under
the age of 18 years of age who use only a hand-operated snowblower
or other similar equipment.
Any person desiring to obtain a license as herein
provided shall file with the Town Clerk a written application on a
form prescribed by the Clerk providing the following information:
A.
The name, address and age of the applicant.
B.
The number and kind of snowplow equipment to be used
in carrying on the business.
C.
The vehicle identification number and the license
number of each vehicle used in the snowplow business.
D.
A photocopy of the vehicle registration and certificate
of insurance.
E.
The number of employees that will be employed in the
business.
F.
Any other information required by the Town Board.
A.
Upon receipt of the application, proof of liability
insurance and payment of the license fee therefor, the Town Clerk
shall issue a license which shall run for one year beginning on November
1 of each year and shall expire on October 31 of the following year.
[Amended 10-10-2000]
B.
The Town Clerk shall issue a decal to each licensee.
The decal shall be four inches high by three inches wide. The decal
shall state "Town of DeWitt," the year that the license is valid for
and the licensee's number issued by the Town Clerk, said number to
be at least two inches in height.
C.
The licensee shall display the decal prominently on
the driver's side window of the vehicle. Operators of snowblowers
shall have the decals with them while operating said equipment or
while at a job site.
The annual license fee for a snowplow operator
shall be $10. In addition thereto, there shall be a fee of $2 for
each piece of snowplow equipment used in the business.
Licenses issued under this article shall be
issued upon and subject to the following conditions:
A.
The licensee shall notify the Town Clerk within five
days of changing any snowplowing equipment and pay the two-dollar
registration fee.
B.
All vehicles and equipment shall be equipped with
suitable lighting and warning devices as required by the Vehicle and
Traffic Law of the State of New York and shall at all times be in
full compliance with all of the provisions of the Vehicle and Traffic
Law.
C.
The licensee shall comply at all times with the provisions
of this Code in conducting his business. The Town Board may revoke
such license for any violation of this Article or any other provision
of the Town Code.
No snowplow operator and no person hiring a
snowplow operator shall dispose of, move, push or cause to be disposed
of, moved or pushed snow or ice onto the property of another without
that person's consent or into the Town right-of-way or any street,
highway or sidewalk.
[Added 2-12-2007 by L.L. No. 1-2007]
Notwithstanding any other statute, ordinance,
rule and/or regulation, any and all snow and/or ice plowed/removed
from any highway right-of-way within the borders of the Town of DeWitt
may be plowed/removed to any adjoining sidewalk, walkway, pathway,
tarvia and/or right-of-way of such highway right-of-way, which, for
the purpose of such snow removal, shall be considered a snow shelf.
Highway rights-of-way within the Town shall include any State, county
and/or Town road, and there shall be no obligation of the Town of
DeWitt to remove any snow and/or ice from said snow shelf once it
is placed there.
Any conviction for a violation of this article
or of any regulation or provision hereof shall be punishable by a
fine not to exceed $50. A second conviction shall be punishable by
a fine not to exceed $100. A third conviction shall be punishable
by a fine not to exceed $500 or imprisonment for 15 days, or both.
