[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga 11-21-1988 by L.L. No. 3-1988. 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.
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 Cheektowaga, outside of the Villages of Depew and Sloan,
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.
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 of $25 for each vehicle.
C.
Certificate of insurance.
[Amended 3-20-1989 by L.L. No. 2-1989]
(1)
The applicant shall, when applying for such permit,
provide a certificate of insurance addressed to the Town of Cheektowaga
Town Clerk showing evidence of liability insurance in such kinds and
amounts as shall be, from time to time, determined by the Town Board.
(2)
The certificate of insurance shall also state that
a notice of cancellation, nonrenewal or reduction of the insurance
shall be given to the Town of Cheektowaga at least 30 days prior to
such cancellation, nonrenewal or reduction.
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 Cheektowaga, 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 Cheektowaga Police Department and the Superintendent of Highways
of the Town of Cheektowaga.
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 any person, firm or corporation of any provision
of this chapter shall be deemed an offense punishable by a fine not
less than $25 nor more than $250 or imprisonment for a period not
to exceed 15 days, or both, for the conviction of the first offense;
for conviction of a second offense, punishable by a fine not less
than $50 nor more than $500 or imprisonment for a period not to exceed
15 days, or both; for conviction of a third and subsequent offense,
punishable by a fine not less than $100 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both.
[Amended 6-15-2015 by L.L. No. 6-2015]
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.
