[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.
A.
The word "shall" is always mandatory and not merely directory.
B.
VEHICLE
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.
A.
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.
C.
If such application or applications shall be approved
by the Village Clerk-Treasurer, a permit or permits shall be issued to the
applicant.
D.
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.
E.
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.
A.
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.
B.
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.[1]
C.
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.
D.
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.
