[HISTORY: Adopted by the Board of Trustees of the Village of Montebello 4-25-1988 by L.L. No. 21-1988. Amendments noted where applicable.]
This chapter shall be known and may be cited hereinafter as the "Snowplow Licensing Law of the Village of Montebello."
It is the intention of the Village Board of the Village of Montebello by the adoption of this chapter to regulate the plowing of snow by private snow removal contractors within the Village of Montebello in pursuance of and for the purpose of securing and protecting the public health, convenience, safety and welfare and preserving the peace, good order and physical appearance of the Village of Montebello and its inhabitants. The Village Board finds that in the plowing of snow by private snow removal contractors, snow is deposited on public roads and highways, thereby creating pedestrian and vehicular traffic safety and other hazards. It is the purpose of this chapter to protect the general public from the hazards of snow and the destruction of or injury to persons and property.
The word "shall" is always mandatory and not merely directory.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- 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, nor shall it include a vehicle while used by a governmental entity to plow snow on public roads, highways and thoroughfares.
No person, firm or corporation shall plow snow or cause or allow same to be plowed by the use of any vehicle within the Village of Montebello unless a permit therefor, as hereinafter prescribed, issued by the Village Clerk-Treasurer, is in full force and effect and such permit is prominently displayed by affixing to the vehicle so as to be readily visible from the exterior thereof.
Application for such permit shall be made to the Village Clerk-Treasurer by the owner of the vehicle, in writing, upon forms to be furnished by the Village Clerk-Treasurer, which forms shall contain the owner's name and address, the operator's name and address, the vehicle identification number, the New York State license number attached thereto and such additional information as the Village Clerk-Treasurer shall require. The Village Clerk-Treasurer may require such documents and information as may be reasonably necessary to verify the facts stated in such application.
If such application or applications shall be approved by the Village Clerk-Treasurer, a permit or permits shall be issued to the applicant.
Such permit shall commence November 15 and expire November 14 in the following year and shall be in such form as the Village Clerk-Treasurer shall prescribe.
Such permit shall not be transferable.
No person 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 cause such to be done so as to interfere with public safety and convenience.
The Police Department servicing the Village and/or the Building Inspector and his 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.
The Village Board may, following a hearing, revoke the permit or permits granted to any person, firm or corporation under the authority of this chapter or any other law, ordinance, rule or regulation relating to snowplowing, for good cause shown.
In addition to any other penalties that may be invoked under this chapter, any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a Class 3 violation and shall be punished according to the provisions thereunder. In the case of continuing violation of this chapter, each week that such violation exists shall constitute a separate and distinct Class 3 violation.
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.
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
This chapter supersedes, and is in derogation of Chapter 332 of the Code of the Town of Ramapo, County of Rockland, State of New York. This chapter is enacted by authority of § 20, Subdivision 5, of the Municipal Home Rule Law and any other law referenced herein as authority herefor.