[HISTORY: Adopted by the Town Board of the
Town of Haverstraw 11-13-1990 by L.L. No. 12-1990; amended in its entirety 12-15-1998 by L.L. No.
19-1998. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Refuse Removal Law."
A.
The great influx of people into the Town of Haverstraw
has resulted in the refuse collection industry's becoming an important
factor in the community. Proper collection results in the preservation
of the appearance of the municipality and the prevention of health
hazards. Also, the convenience and financial well-being of the citizenry
is affected by proper regulation of the industry.
B.
The Town Board seeks to properly regulate the garbage
collection industry. It is the intention of the Town Board to assure
prompt, efficient, clean and courteous service by the refuse collection
industry at reasonable prices.
A.
COMPACTED GARBAGE
ENGAGE IN BUSINESS
GRASS
INDUSTRIAL AND BUSINESS ENTITY
REFUSE, WASTES AND RUBBISH
For the purpose of this chapter, the terms used herein
are defined as follows:
Garbage which has been compacted and processed to a density
not less than that provided by the Dumpster Route King II.
Solicitation, correspondence, contracting or furnishing of
containers, vehicles, machinery, appliances, materials or any other
items used for the purpose of collecting, removing or transporting
refuse.
Lawn clippings, grass, weeds and like material.
Any person, individual, group of individuals, corporation,
firm, association or partnership, including the plural as well as
the singular and the feminine as well as the masculine gender.
Materials, goods, wares and merchandise and any ingredients,
parts or by-products thereof sold, offered for sale, manufactured,
processed, repaired or assembled by business or commercial firms who
have discarded waste, whether animal, fish, fowl, fruit or vegetable
matter, resulting from the use, storage and growth of food for human
consumption, and including spoiled foods, garden and tree fruits and
vegetables, plastic, paper, tin, glass or other containers, discarded
combustible and noncombustible waste materials, swill, ashes, the
residue from the combustion of wood, coal, coke, charcoal and other
combustible material, newspapers, papers, rags, cartons, boxes, excelsior,
straw, rubber, leather, metals, mineral matter, crockery, dust and
sweepings from buildings, the carcasses of animals, leaves, grass
and yard trimmings, tree branches and rocks and stones.
B.
In addition, the terms, phrases and words used herein
shall have the meanings ordinarily given thereto or as defined in
the New York State Sanitary Code and the Rockland County Sanitary
Code. All terms, phrases and words shall be given the construction
provided for in the General Construction Law of the State of New York.
A.
Refuse removal.
(1)
A licensee is permitted to collect refuse from either
residential and/or business establishments only between the hours
of 6:00 a.m. and 8:00 p.m.
[Amended 12-12-2005 by L.L. No. 6-2005]
(2)
The licensee may work on Saturdays or holidays in
his or its individual discretion. If pickup is on a holiday, the customer
must be notified in advance.
A.
All vehicles used by collectors of refuse, wastes
and rubbish shall have been inspected and approved by the Rockland
County Health Department on an annual basis, the inspection certificate
of which (signed by a sanitary inspector) shall be filed with the
Sanitation Commission.
[Amended 3-10-2003 by L.L. No. 2-2003]
B.
All vehicles shall be so constructed as to make impossible the spilling or leakage of refuse, wastes and rubbish. During transportation through the Town of Haverstraw, all vehicles shall be covered in such a manner that none of the contents shall spill onto Town roads. In the event that any spillage occurs, the collector causing such spill must clean the same up immediately. In the event that damage occurs, a penalty may be levied pursuant to § 103-12 of this chapter.
C.
The licensee must keep all vehicles clean, sanitary
and neatly painted and shall wash, clean and disinfect such vehicles
at least once a week and also in accordance with the rules, regulations
and code of the Rockland County Health Department.
D.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners and their Haverstraw license
numbers, as well as load capacity, in letters of suitable size upon
the vehicles, including all roll-off boxes. All drivers/operators
of vehicles used for the collection of refuse must have the proper
classification of license to operate such vehicles.
A.
All individual(s) and/or business entities desirous
of engaging in the business of collecting, removing or transporting
refuse, wastes and rubbish in the Town of Haverstraw must apply for
a license from the Town of Haverstraw.
B.
Determining and issuing agency. The Sanitation Commission
is authorized to be the determining agency of licenses. The Town Clerk
is authorized to be the issuing agency of licenses and identification
decals under the Town Clerk's hand are to be sealed with the Corporate
Seal of the Town of Haverstraw. The decision of the Sanitation Commission
with respect to any application is final.
C.
Applications forms. All applications for licenses
shall be made on forms available at the office of the Town Clerk.
All completed applications shall be deposited with the Town Clerk.
D.
Fees. The annual fee for a permit is $50 per carter
and $100 for each truck.
[Amended 3-10-2003 by L.L. No. 2-2003]
E.
Sample forms are on file in the office of the Town
Clerk.
A.
An individual(s) or business entity shall not engage
in the business of collecting, removing or transporting refuse, wastes,
rubbish and construction and demolition debris in the Town of Haverstraw
without first obtaining from the Sanitation Commission a license to
conduct such business in the Town of Haverstraw, including affixing
an official identification decal on each vehicle used by said individual(s)
or business entity.
B.
Approvals. A license shall not be issued unless a
complete application has been approved by the Sanitation Commission.
C.
Requirements for commercial carters. The following
requirements must be adhered to by the licensee upon issuance of a
license:
(1)
All rules and regulations outlined in this chapter
must be adhered to by the licensee.
(2)
An official identification decal shall be affixed
to the windshield of each vehicle used by the licensee.
(3)
In the event that there occurs any change of facts
as stated in the application, the applicant shall document such changes
by submitting a supplementary application to the Sanitation Commission.
The supplementary application must be deposited with the Town Clerk
within 15 days of such change. The supplementary application must
be approved by the Sanitation Commission.
(4)
Any change or modification of a collector's identification
decal must be made by the Sanitation Commission, solely.
(5)
Insurance coverage. Each licensee must file with the
Sanitation Commission the following evidence of insurance coverage
prior to the commencement of operations. All certificates of insurance
must be in a form approved by the Town Attorney. All insurance coverage
must extend through the permit year.
[Amended 8-13-2002 by L.L. No. 10-2002]
(a)
General liability insurance requirements are
as follows:
[1]
Coverage of $1,000,000 bodily injury and property
damage.
[2]
Submission to the Town of Haverstraw of a certificate
of insurance which meets the following requirements:
[a]
In the box with the title "Description of operations":
"The Town of Haverstraw as additional insured for general liability."
[b]
In the box with the title "Certificate holder":
"Town of Haverstraw, One Rosman Road, Garnerville, New York 10923."
[c]
In the box with the title "Coverage": "30 to
60 days." The cancellation notice should provide the Town with anywhere
between 30 and 60 days' notice. Ten days is not acceptable.
[d]
The certificate of insurance which is submitted
to the Town of Haverstraw must cover the license period.
(b)
Workers' compensation. Each licensee shall file
with the Sanitation Commission evidence in the form of a certificate
of insurance that workers' compensation insurance is in full force
and effect covering each and every person employed by the licensee
in the collection and deposit of refuse.
(c)
Automobile liability insurance requirements
are as follows:
[1]
Coverage of $1,000,000 combined single limit
or $1,000,000/$1,000,000 for bodily injury and $250,000 property damage.
[2]
Coverage on each and every vehicle engaged in
the collection of refuse.
[3]
Submission to the Town of Haverstraw of a certificate
of insurance which meets the following requirements:
[a]
In the box with the title "Description of operations":
"The Town of Haverstraw as additional insured for general liability."
[b]
In the box with the title "Certificate holder":
"Town of Haverstraw, One Rosman Road, Garnerville, New York 10923."
[c]
In the box with the title "Coverage": "30 to
60 days." The cancellation notice should provide the Town with anywhere
between 30 and 60 days' notice. Ten days is not acceptable.
[d]
The certificate of insurance which is submitted
to the Town of Haverstraw must cover the license period.
D.
Term of permit. The permits that expire on December
31, 2012, shall be extended to April 30, 2013, at no further cost
of expense to the permittee. Thereafter, every permit shall expire
on April 30 of each year. Permits must be renewed on an annual basis.
[Added 3-10-2003 by L.L. No. 2-2003;
amended 11-26-2012 by L.L. No.
5-2012]
A.
The Town Board of the Town of Haverstraw has implemented
a fee schedule for the refuse collection industry. The Town Board
may alter, modify or amend this fee schedule by the following methods:
(1)
Refuse collection.
(a)
The members of the refuse collection industry
may petition the Sanitation Commission for permission to increase
or decrease the fee for collection.
(b)
The Sanitation Commission may, on its own initiative,
call for an increase or decrease in fees for collection.
(d)
Any alteration, modification or amendment to
the fee schedule after the public hearing must be adopted by resolution
of the Town Board.
B.
Refuse collection. The following fee schedule shall
be in effect for the collection of refuse in the Town of Haverstraw.
|
Type of Collection
|
Customer's Fee
| ||
|---|---|---|---|
|
Private residences, excluding multiple dwellings
| |||
|
Refuse, wastes and rubbish; includes a maximum
of 4 garbage pails per pickup of twice per week
|
$27.89 per month, including tax
| ||
|
Each garbage pail over the maximum of 4
|
$0.50 per pail
| ||
|
Senior citizens listed with the Assessor's office
to receive a tax abatement
|
10% discount
| ||
|
Multiple dwellings
|
To be negotiated between the owner and the collector
of garbage
| ||
|
Commercial establishments
|
To be negotiated between the owner and the collector
of garbage
| ||
A.
The licensee shall render efficient, reliable, quiet
and courteous service at all times.
B.
The licensee shall not arbitrarily discontinue service
to any customer. In the event that any customer fails to pay for the
services rendered for a period of three consecutive months, service
may be discontinued by the licensee. The procedure for such discontinuation
is:
C.
The licensee shall make a minimum of one collection
per week.
D.
The licensee shall not refuse to collect grass, provided
that the same is placed in a grass container or plastic bag at the
street for pickup.
E.
The licensee shall not abuse the customer's containers,
and covers will be set on or stored neatly in emptied containers.
F.
Pickups at residential locations shall be at or near
the front of the driveway.
G.
Pickups at commercial locations shall be at the exterior
of the building and approximately 10 feet from the curb.
H.
The licensee shall pick up any garbage which is dropped
from the collection vehicle.
I.
The licensee shall park the collection vehicle as
far off the road as possible.
K.
The licensee shall bill customers at least once every
month.
L.
The licensee shall notify all of its customers in
writing of a change in the licensee servicing the customer. Said written
notification shall be sent to the customer at least one week prior
to the change.
A.
The customer must purchase his or her own containers.
The container shall be the standard twenty- to thirty-gallon container
with a covering lid.
B.
All garbage must be placed in covered containers.
Grass and leaves may be placed in plastic bags. The collector shall
not be required to collect any garbage which is not placed therein.
C.
The customer cannot require collections from the interior.
D.
The customer may negotiate additional charges for pickup in areas other than those specified in § 103-9.
E.
The customer cannot permit his containers to remain
at curbside for a period of 24 hours after collection.
A.
The Town Board shall serve as the Sanitation Commission
and shall be reappointed every year.
B.
Chairman. The Town Board shall appoint one member
of the Sanitation Commission to act as Chairman for a one-year term.
C.
Meetings. The Sanitation Commission shall hold meetings
at such times as called by the Chairman. A quorum shall consist of
three members. All meetings shall be open to the public and minutes
shall be kept of the proceedings, showing the vote of each member
upon any question or, if absent or failing to vote, indicating such
fact. All official actions shall be documented.
D.
Powers and duties. The Sanitation Commission shall
have the following powers:
(1)
To investigate all violations of this chapter.
(2)
To investigate any grievance reported by customers
or refuse, wastes and rubbish collectors.
(3)
To receive petitions requesting an adjustment of collection
rates.
(4)
To take testimony pertinent to the above.
(5)
To hold public hearings on five days' notice by publication
in the official newspaper of the Town of Haverstraw, together with
written notice by certified mail to the refuse, waste and/or rubbish
collector involved.
(6)
To determine whether a violation has occurred and
to pursue the levying of fines, when necessary.
(7)
All other powers necessary, incidental or implied
to carry out the purposes and proper function of this chapter.
A.
Any individual(s) or business entity found guilty
of committing any of the following acts shall be punishable by a fine
not exceeding $20,000 or imprisonment for a term of not less than
15 days but not in excess of one year, or both; suspension or revocation
of his or its license; restitution for damage to public property;
and cost of cleanup of public and private property. Each violation
shall constitute a separate offense and shall be punishable as such.
Offenses shall include but not be limited to the following:
Nothing in this chapter shall be construed to
supersede the standards contained in the New York State Sanitary Code
or the Rockland County Sanitary Code. In the event of any dispute
regarding which standards shall be applicable between this law and
any other applicable laws, rules and/or regulations, this chapter
shall be interpreted by any court of competent jurisdiction so that
the more strict interpretation shall prevail.
Nothing contained in this chapter shall be construed
or interpreted to make the Town of Haverstraw a party to any contract
for refuse, wastes and rubbish removal.
