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HomeMy Public PortalAboutOrdinance 953 - Amend Title 4 Chapter 3 Contractor Snow RemovalORDINANCE NO. 953 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING CHAPTER 3, SNOW REMOVAL LICENSES, OF TITLE 4, BUSINESS REGULATIONS, OF THE McCALL CITY CODE AS FOLLOWS: IN SECTION 4.3.1, LICENSE REQUIRED, APPLICATION AND PROCEDURE: IN (B)1, REQUIRING A SNOW REMOVAL CONTRACTOR RECEIVE AND MAINTAIN LICENSE DOCUMENTATION INSTEAD OF A SEPARATE PERMIT, IN (B)3, REQUIRING A DESCRIPTION OF THE VEHICLE OR EQUIPMENT TO BE USED AND REMOVING THE REQUIREMENT TO SHOW TO WHOM A VEHICLE IS REGISTERED; DELETING (B)6 ENTIRELY; RENUMBERING (B)7 TO (B)6; DELETING (B)8 ENTIRELY, AND IN (C), CLARIFYING THAT THE FEE IS FOR A GENERAL BUSINESS LICENSE AND OMITTING THE WORD "PERMIT'; IN SECTION 4.3.2, SNOW REMOVAL CONTRACTOR RESPONSIBILITY: IN (A) ADDING A NEW REQUIREMENT WHEN A CONTRACTOR WANTS TO STORE SNOW REMOVED FROM PRIVATE PROPERTY ON PUBLIC PROPERTY; IN (B), AMENDING TO REQUIRE THE SNOW REMOVAL CONTRACTOR'S LOG BE KEPT OF THE PROPERTIES SERVED AND PROVIDED TO THE CITY UPON REQUEST, IN (C), AMENDING TO SUBSTITUTE AMERICAN NATIONAL STANDARDS INSTITUTE SAFETY MEASURES, EQUIPMENT, AND STANDARDS WITH COMPLIANCE WITH ALL CITY, COUNTY, STATE AND FEDERAL LAWS, AND (D) AMENDING TO REQUIRE THAT ALL CONTRACTORS SHALL HAVE IN THEIR POSSESSION DURING SNOW REMOVAL OPERATIONS APPROPRIATE DOCUMENTATION AS PROVIDED BY THE CITY; AND PROVIDING AN EFFECTIVE DATE THEREFOR. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO: Section 1: That Chapter 3, Snow Removal Licenses, of Title 4, Business Regulations, of the McCall City Code, be, and the same is hereby, AMENDED as follows, to -wit: See Exhibit A attached hereto and, by this reference, incorporated herein as if set forth in full. Section 2: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 1 DAY OF DECEMBER, 2016 Approved: Attest: By City C Ordinance 953 to Amend Title 4 Chapter 3 Contractor Snow Removal December 1, 2016 A I C 5G0cl o So n, CUu061 Pre5t c1 c44 Page 1 of 3 EXHIBIT A Chapter 3: SNOW REMOVAL LICENSES 4.3.1 LICENSE REQUIRED; APPLICATION; AND PROCEDURE: (A) It shall be unlawful for any person to engage in the business of snow removal unless a valid license therefore has been issued as provided for in this Chapter and which is in full force and effect. (B) An application for such license shall be made to the City Clerk in such form and manner as provided by the City Clerk's office and shall include: 1. Name and description of the applicant; if the applicant is an association, company, or corporation, then it shall submit a separate application for each natural person who will be acting as a Snow Removal Contractor in the City, and each shall receive and maintain a separate permit license documentation; 2. Address, both legal and local; 3. A description of the Vehicle or equipment to be used and to whom it is registered; 4. Tax ID number and/or driver's license number of applicant; 5. The name of the contact person in case of issues related to their services within the City. 6 n listing ofa,ose a . ithin the City ..,tic..., the, a,..,:..,, to .. ork 76. Proof of insurance showing the Snow Removal Contractor has a policy of liability and property damage insurance covering the work of the Snow Removal Contractor and the contractor's employees. The insurance policy should also list the City as an additional insured party in a sum not less than provided by Idaho Code section 6-926 et seq. 8. Proof of workers' compensation insurance as required by Idaho Code. (C) At the time of filing an application, the fee for a general business the license or permit shall be paid and is nonrefundable. The fee shall be set from time to time by Resolution of the City Council. 4.3.2 SNOW REMOVAL CONTRACTOR RESPONSIBILITY: (A) The Snow Removal Contractor shall be responsible for the work performed under the provisions of this section and comply with the rules and regulations pertaining to snow removal within the City. 1. The public right of way is used by the City for storage of snow plowed from the streets. It is not available for snow storage for individuals. Page 2 of 3 Ordinance 953 to Amend Title 4 Chapter 3 Contractor Snow Removal December 1, 2016 2. Under no circumstances can snow be plowed or blown in a manner that interferes with City or Idaho Transportation Department snow removal operations, or with the public's normal use of City streets. 3. Under no circumstances can snow be plowed onto adjacent private property without written permission from the property owner. 4. Under no circumstances can snow from private property be stored on public property without written permission from the City's Public Works Department. Ha!I keep u d ai!y !og of each d ri o o f a damage ,aim ,.rkers u...dJ the pubic as ribe€1 b Id...ds nd American Trukipnp! Standards Institute (ANSI) stand7ard1 ana r n..c..carrr srfvrrtn-vcux�ar¢�-n.�cxsacc-�»r�v��carmar� (D) Comply with all City, County, State, and Federal laws. (B) The snow removal contractor shall keep a log of the properties served which will be provided to the City upon request of the City. (C) Comply with all city, county, state, and federal laws. (D) All contractors shall have in their possession during snow removal operations, the appropriate snow removal license documentation (i.e. sticker, identification card, etc.) as provided by the City. 4.3.3 SNOW REMOVAL CONTRACTOR LIST The City of McCall shall maintain a list of Snow Removal Contractors that have been approved to remove snow from private property within the McCall City limits. Page 3 of 3 Ordinance 953 to Amend Title 4 Chapter 3 Contractor Snow Removal December 1, 2016 A SUMMARY OF ORDINANCE NO. 953 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO AMENDING CHAPTER 3, SNOW REMOVAL LICENSES, OF TITLE 4, BUSINESS REGULATIONS, OF THE McCALL CITY CODE AS FOLLOWS: IN SECTION 4.3.1, LICENSE REQUIRED; APPLICATION; AND PROCEDURE IN (B)1, REQUIRING A SNOW REMOVAL CONTRACTOR RECEIVE AND MAINTAIN LICENSE DOCUMENTATION INSTEAD OF A SEPARATE PERMIT, IN (B)3, REQUIRING A DESCRIPTION OF THE VEHICLE OR EQUIPMENT TO BE USED AND REMOVING THE REQUIREMENT TO SHOW TO WHOM A VEHICLE IS REGISTERED; DELETING (B)6 ENTIRELY; RENUMBERING (B)7 TO (B)6; DELETING (B)8 ENTIRELY, AND IN (C), CLARIFYING THAT THE FEE IS FOR A GENERAL BUSINESS LICENSE AND OMITTING THE WORD "PERMIT"; IN SECTION 4.3.2, SNOW REMOVAL CONTRACTOR RESPONSIBILITY: IN (A) ADDING A NEW REQUIREMENT WHEN A CONTRACTOR WANTS TO STORE SNOW REMOVED FROM PRIVATE PROPERTY ON PUBLIC PROPERTY; IN (B), AMENDING TO REQUIRE THE SNOW REMOVAL CONTRACTOR'S LOG BE KEPT OF THE PROPERTIES SERVED AND PROVIDED TO THE CITY UPON REQUEST, IN (C), AMENDING TO SUBSTITUTE AMERICAN NATIONAL STANDARDS INSTITUTE SAFETY MEASURES, EQUIPMENT, AND STANDARDS WITH COMPLIANCE WITH ALL CITY, COUNTY, STATE AND FEDERAL LAWS, AND (D) AMENDING TO REQUIRE THAT ALL CONTRACTORS SHALL HAVE IN THEIR POSSESSION DURING SNOW REMOVAL OPERATIONS APPROPRIATE DOCUMENTATION AS PROVIDED BY THE CITY; AND PROVIDING AN EFFECTIVE DATE THEREFOR. The principal provisions of the Ordinance: • amend Section 4.3.1, License Required; Application; And Procedure: In (B)1, to require a snow removal contractor receive and maintain license documentation instead of a separate permit, in (B)3, to add that a description of the equipment to be used is also required in addition to a description of the vehicle and removing the requirement to show to whom it is registered, deleting (B)6 which required that the contractor indicate the areas in the City where they desired to work, renumbering (B)7 to (B)6, deleting (B)8 which required a contractor to have worker's compensation insurance, and in (C), to clarify that the fee that is payable for the application is for a general business license and removing the word "permit" • amend Section 4.3.2, Snow Removal Contractor Responsibility: In (A) adding a provision that snow removed from private property may not be stored on public property without written permission from the City's Public Works Department. In (B), to require that the snow removal contractor maintain a log of the properties served which will be provided to the City upon request of the City, in (C), to substitute the American National Standards Institute (ANSI) safety measures, equipment, and standards which a snow removal contractor must utilize with a Page 1 of 2 Ordinance 953 Summary Title 4 Chapter 3 Contractor Snow Removal December 1, 2016 statement that the snow removal contractor must comply with all city, county, state and Federal laws, and in (D) to require that all contractors shall have in their possession during snow removal operations appropriate documentation as provided by the City such as stickers, identification cards, etc. That the effective date of the Ordinance is upon its passage and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 1 DAY OF DECEMBER, 2016. ATTEST: `,,,,,wumn,,, ''' `nv c,, ``°,s`k:'~"'� "`1Lt.% Approve .. .� gyp JACI IE J AYMON, Mayor -C"-/ �........�'o*��' IVie �tah501 1 COtut ii ((�resi�eviJ .,�„L'1 ;'D ,,al,,. Page 2 of 2 Ordinance 953 Summary Title 4 Chapter 3 Contractor Snow Removal December 1, 2016 ORDINANCE SUMMARY CERTIFICATION Ordinance No. 953 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 1 day of December, 2016. William F. Nichols