[HISTORY: Adopted by the Town Board of the
Town of Ramapo 1-23-1985 by L.L. No. 3-1985. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 243.
This chapter shall be known and may be cited
hereinafter as the "Snowplow Licensing Law of the Town of Ramapo."
It is the intention of the Town Board of the
Town of Ramapo by the adoption of this chapter to regulate the plowing
of snow by private snow removal contractors within the unincorporated
area of the Town of Ramapo 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 Town of Ramapo and its inhabitants. The Town 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 used solely 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 Town of Ramapo unless a permit therefor, as hereinafter prescribed,
issued by the Town Clerk of the Town of Ramapo, is in full force and
effect and such permit is prominently displayed by affixing to the
vehicle as to be readily visible from the exterior thereof.
A.
Application for such permit shall be made to the Town
Clerk of the Town of Ramapo by the owner of the vehicle, in writing,
upon forms to be furnished by said Town Clerk, which forms shall contain
the owner's name and address, the vehicle identification number, the
New York State license number attached thereto and such additional
information as the Town Clerk shall require. The Town Clerk may require
such documents and information as may be reasonably necessary to verify
the facts stated in such application.
B.
The applicant shall, at the time of the filing of
his application, pay a permit fee as provided in the Standard Schedule
of Fees of the Town of Ramapo for each vehicle.
[Amended 2-6-2012 by L.L.
No. 2-2012]
C.
If such application or applications shall be approved
by the Town Clerk, a permit or permits shall be issued by the Town
Clerk to the applicant.
D.
Such permit shall commence November 15 and expire
November 14 in each year and shall be in such form as the Town Clerk
shall prescribe.
E.
Such permit shall not be transferable to another owner.
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 the safety and convenience of public travel.
The Police Department of the Town of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo 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 Town Board may, following a hearing before such
Town Board, revoke 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.
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 as defined in Chapter 1, § 1-15 et seq., of the Revised Code of the Town of Ramapo 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.
C.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action in the name of the Town
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.
