[HISTORY: Adopted by the Board of Trustees of the Village of Airmont
3-29-1993 by L.L. No. 21-1993. Amendments noted where applicable.]
This chapter shall be known and may be cited hereinafter as the "Snowplow
Registration Law of the Village of Airmont."
It is the intention of the Village Board of the Village of Airmont by
the adoption of this chapter to regulate the plowing of snow by private snow
removal contractors within the Village of Airmont 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 Airmont 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 interfering with pedestrian and vehicular
traffic and causing other hazards. It is the purpose of this chapter to protect
the general public from the hazards of snow plowed by private contractors
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 Village of Airmont unless
a permit therefor is issued by the Town of Ramapo and is in full force and
effect. Such permit shall be prominently displayed by affixing to the vehicle
so as to be readily visible from the exterior thereof. A copy of this permit
shall be presented to the Village Clerk.
A.
In addition to obtaining a permit from the Town of Ramapo
all persons, firms or corporation shall register with the Village Clerk of
the Village of Airmont prior to plowing snow or cleaning or allowing same
to be plowed.
C.
If such application or applications shall be approved
by the Village Clerk, a permit or permits shall be issued by the Village Clerk
to the applicant.
D.
Such registration shall commence November 15 each year
and expire the following November 14. Said registration shall be in such form
as the Village Clerk shall prescribe.
E.
Said registration 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 Ramapo and/or the Building Inspector
or Code Enforcement Officer of the Village of Airmont, 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 before such
Village Board, revoke the registration 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 punishable by a maximum fine of $250 or a maximum
term of imprisonment of 15 days, or both. In the case of continuing violation
of this chapter, each week that such violation exists shall constitute a separate
and distinct offense.[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.
