[Amended 11-20-2017 by L.L. No. 6-2017]
A. In the interest of the public health, safety and general welfare
of its residents, the Board of Trustees has deemed it necessary to
regulate and license individuals and firms that provide for the collection
and disposal of residents' solid waste in the Village.
B. The objective of this article is to establish licensing procedures
and promulgate regulations and standards applicable to the collection
and disposal of solid waste generated and collected from Village residents
as shall be deemed necessary by the Board of Trustees to carry out
the provisions of this article for the benefit of the public good,
the betterment of the environment and for the protection and preservation
of the Village's public and private roads and infrastructure.
For the purpose of this article, the following
definitions shall apply:
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Upper
Brookville.
CARTER
Any person who operates, conducts or supervises a business
engaged in the collection, removal and disposal of solid waste.
COLLECTION VEHICLE
A vehicle solely designed, built and used for the purpose
of collecting solid waste, with a manufacturer's capacity equal
to or less than 16.5 cubic yards, completely enclosed with a watertight
body, and solid accessory doors that are required to be closed during
travel on public highways. "Collection vehicle" shall not include
a standard or modified pickup truck, dump truck or Perkins-type satellite
collection unit.
[Amended 11-20-2017 by L.L. No. 6-2017]
EMPLOYEE
Any person who is employed by or otherwise acts on behalf
of a carter in the operation of its business, either on a full-time
or part-time basis.
GARBAGE
Includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food and
other household wastes, excluding recyclables.
OPERATE
To pick up, collect, load or otherwise perform the collection
of solid waste or the supervision or direction of such activities.
PERSON
Any person, firm, partnership, joint venture, association,
corporation, company or organization of any kind.
PROHIBITED MATERIALS
Includes solid or liquid waste resulting from industrial
processes and manufacturing operations, such as, but not limited to,
food processing waste, waste oil or grease or automobile parts; volatile
or explosive materials, such as gasoline, benzine, kerosene, turpentine,
cartridges, shells, ammunition or gunpowder; and such other material
as may be designated by resolution of the Board of Trustees.
RECYCLABLES
Includes newsprint, metal, glass and plastic containers used
for food products and such other materials as shall be designated
by resolution of the Board of Trustees.
RUBBISH
Includes nonputrescible solid wastes (excluding ashes), such
as leaves, grass, plant clippings, weeds, branches, limbs, metal,
wood, glass, bedding, crockery and similar materials and such other
materials as may be designated by resolution of the Board of Trustees.
SOLID WASTE
Includes all material classified as "garbage," "rubbish,"
"trash" and "recyclables," as defined herein, excluding prohibited
material.
TRASH
Includes such bulk articles as appliances, furniture, bed
springs, mattresses and building materials.
It shall be a violation of this article:
A. For any carter to operate, engage in, conduct or supervise
service to any property in the Village without having a current, valid
license issued pursuant to this article and such other municipal permits
as required by law.
B. For any carter or carter's employee to engage in the
collection or disposal of solid waste in the Village without being
registered pursuant to this article.
C. For any person to fail to abide by any rules and regulations
set forth herein or hereinafter adopted by the Board of Trustees in
furtherance of this article.
D. For any carter to operate or employ equipment for the collection
of solid waste in the Village that is not registered and licensed
pursuant to this article.
[Added 11-20-2017 by L.L.
No. 6-2017]
A license shall not be issued to an applicant
unless the Board of Trustees or its designated representative is satisfied
that:
A. References have been reviewed and approved.
B. The applicant has sufficient experience to function
as a licensee.
C. The applicant is financially responsible.
D. Issuance of a license is in the public interest.
E. There has been compliance with terms and conditions
of this article.
In the event of any sale or change of ownership
of a licensee or of any capital stock of a corporate licensee, the
licensee must notify the Village Clerk of such change at least three
days prior to such sale or change.
Every licensee shall keep complete and accurate
books of account with respect to the operation of his business. All
such records shall be retained by the licensee for at least three
years and be available for inspection by the Village.
[Amended 11-20-2017 by L.L. No. 6-2017]
The Village Clerk, when issuing a license, shall also issue
a vehicle sticker or placard for each collection vehicle. This vehicle
sticker or placard shall be firmly affixed on the driver's side
of each vehicle on the cab near the window. The sticker or placard
shall contain the license number and Village initials. Collection
vehicles without an official Village sticker may not operate in the
Village.
Each licensed collection vehicle shall have
on the outside of each door of the cab the name and address of the
licensee in letters not less than four inches in height, either painted
or otherwise securely affixed.
Upon the sale, dissolution, suspension or discontinuance,
whether voluntary or involuntary, of the business of a license, it
shall be the duty of the licensee to notify the Village Clerk and
surrender the license and any stickers or placards to the Clerk.
The Board of Trustees, after a duly noticed
public hearing, may promulgate rules, regulations and standards to
ensure the quality, efficiency and effectiveness of the enforcement,
interpretation and implementation of this article.
Notwithstanding the payment of any license fee,
the issuance of any license or inspection and approval by the Village,
the Village, including its agents and employees, shall be under no
obligation whatsoever concerning the adequacy, operation or maintenance
of a carting business or of its service to Village residents, nor
does it assume any liability whatsoever for the actions of any carter.
[Added 9-19-2000 by L.L.
No. 1-2000; amended 11-20-2017 by L.L. No. 6-2017]
Violations of this article as provided herein shall be punishable
as follows:
A. For a first violation, by a penalty of not less than $250, nor more
than $1,500, for each such violation.
B. For a second violation within a one-year period, by a penalty of
not less than $500, nor more than $3,000, for each such violation.
C. For a third and any subsequent violation within a one-year period,
by a penalty of not less than $2,500, nor more than $10,000, for each
such violation.