[Adopted 12-17-1970 by L.L. No. 10-1970, effective 2-19-1970]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The residue from the burning of wood, coal, coke or other
combustible materials.
A vehicle designed, built and used for the purpose of collecting
refuse.
The facility operated by the Town of Hempstead, a refuse
disposal district or a refuse and garbage district, excluding, however,
any sanitary district, for the collection or disposal, or both, of
garbage, ashes, rubbish and other existing solid waste matter.
Any area where business, industrial or light manufacturing
enterprises are located or operating, or any area not classified as
residential.
Refers to the Town Commissioner of Sanitation or his Deputy
Commissioner or any other designated representative of the Town Commissioner
of Sanitation.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, and readily
combustible material such as paper, cardboard, wood, excelsior, cloth,
food cans, glass or plastic food containers and bottles.
That day in which a holiday is officially celebrated and
recognized by the Town Board.
Garbage, refuse or rubbish, as may be defined herein, and
other waste material which is thrown or deposited and which tends
to create a danger to the public health, safety and welfare.
To pick up, collect, load or otherwise perform collection
of refuse.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any property other than that used as a public highway.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
An area primarily zoned and occupied for residential purposes.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as yard clippings,
metals, wood, glass, bedding, crockery and similar materials.
A district established pursuant to an act of the New York
State Legislature or pursuant to Chapter 273 of the Laws of 1939,
otherwise known as the Nassau County Civil Divisions Act.
All material described as garbage, rubbish and ashes, as
previously defined.
The unincorporated area of the Town of Hempstead.
A naturally propagated plant of no value and of rank growth
that tends to overgrow.
[Added 6-27-1989 by L.L. No. 58-1989, effective 7-3-1989]
A.
The owner, lessee, tenant or other person having the management or
control of or occupying any lot or plot of land in the Town, excluding
any location designated by the Town Board for solid waste disposal
or any location controlled or under the jurisdiction of any sanitary
district, shall keep his land at all times free and clear of any accumulation
of ashes, rubbish, refuse, garbage, offal or any offensive substances,
except such as are deposited in containers or are otherwise secured
as provided for in this chapter for the collection and disposal by
D.P.W. or by any sanitary district.
B.
It shall be an offense hereunder for any person to deposit, throw,
cast or bury ashes, rubbish, refuse, garbage, offal or any offensive
substances on any vacant lot or plot of land in the Town.
C.
Litter baskets. D.P.W. or any sanitary district shall place on sidewalks,
parking areas or on any other public places litter baskets as may
be required. It shall be an offense hereunder for a person to deposit
refuse accumulated on or about private property in such litter baskets
instead of depositing said refuse in the refuse receptacles used for
the collection thereof.
A.
Sanitary district jurisdiction. Except as otherwise provided hereunder,
it shall be an offense for any person to collect, convey or dispose
of any refuse accumulated in a sanitary district.
B.
Exception for actual producers. This chapter shall not prohibit the
actual producers of refuse or the owners of premises upon which refuse
has accumulated, from personally collecting, conveying, and disposing
of such refuse, provided such producers or owners comply with the
provisions of this chapter and with any other governing law or ordinance.
C.
Exception for private collectors. This chapter shall not prohibit
duly licensed private collectors from hauling such refuse over Town
streets and highways, provided such private collectors shall comply
with the provisions of this chapter and with any other governing law
or ordinance.
D.
Exception: landscapers and gardeners. Any person engaged in the occupation
or business of landscaping, landscape contracting, landscape gardening,
general building construction or demolition shall not be prohibited
under this chapter from performing such occupation or conducting such
business within the Town without obtaining a private refuse collection
license, as hereinafter provided. However, such person shall perform,
function and operate vehicles incidental to such occupation or business
in such manner as to prevent the discharge or littering of materials
relating to said business or occupation upon any public highway in
the Town. The disposal of such materials so conveyed shall be only
at a location designated by the Town Board, or at a location authorized
and controlled by or under the direct jurisdiction of any sanitary
district in the Town.
E.
Scrap or salvage activity. Any person engaged in the business or
occupation of dealing in scrap or salvageable material in the Town
shall not be prohibited under this chapter from conveying or transporting
scrap or salvageable material over public highways without having
obtained a private refuse collection license, as hereinafter provided.
However, such salvageable material to be conveyed or transported shall
have been previously bundled, tied or otherwise sufficiently packaged
for transportation in such manner as to prevent the discharge or littering
of scrap or salvageable materials upon any public highway.
F.
Other waste collection. A private refuse collection license, as hereinafter
provided, shall not be required of any person engaged in the business
of collecting meat, fat or bone waste in the Town for rendering purposes,
provided, however, that such collection shall be performed in a manner
which will not suffer or permit such waste to be discharged upon private
property or upon any public highway.
A.
Charges, rates or fees, other than amounts assessed or levied and
collected as district taxes, shall not be imposed or collected for
the collection of refuse or garbage in any collection or disposal
district, except in accordance with this section and except as provided
hereunder.
B.
When a governmental agency owns or occupies premises which are within
the geographical limits of any collection and disposal authority administered
by D.P.W. but which premises are not assessed by said authority and
the governmental agency is not entitled to refuse or garbage collection
service as a matter of law, the authority may render such service
to such premises for such monthly charge as the authority shall estimate
as representative of the cost to such authority of such collection,
to be billed the agency in arrears on the last day of each month and
payable by the 20th day of the following month.
C.
D.P.W. may accept refuse material from incorporated villages within
the Town and from other municipal agencies, or from persons who may
require the use of disposal facilities maintained by D.P.W., and shall,
from time to time, recommend to the Town Board the rates or charges
to be made for the disposal of refuse material. Charges shall be by
weight, volume or other equitable measure and shall, if necessary,
vary with quantity of material or frequency of use of the disposal
site by the purveyor of the material. D.P.W. shall maintain an annual
authorization from incorporated village requesting or requiring full-or
part-time refuse disposal services, and such authorization shall provide
for the payment to D.P.W. for services rendered pursuant to the then
prevailing disposal rates.
D.
Rates for the disposal of refuse other than that prescribed in Subsection C above shall be established by D.P.W. These rates shall be based on the weight of material, the size of truck or any other means used to determine quantity consistent with all users, as may be directed by D.P.W. from time to time, which shall be authorized to make changes in these rates, provided there is a posting of a rate change made at least 30 calendar days prior to the effective date. Said posting shall be at the scale room area or the entrance control area of each disposal site maintained by D.P.W.
A.
All refuse accumulated in a collection district shall be collected,
conveyed and disposed of under the supervision of D.P.W., which shall
have the authority to make regulations concerning the days of collection,
type and location of waste containers and such other matters pertaining
to the collection, conveyance and disposal as shall be found necessary,
and to change and modify the same, after notice as required by law,
provided that such regulations are not contrary to the provisions
hereunder.
B.
D.P.W. may provide for the disposal of refuse collected by a sanitary
district as well as for the disposal of refuse collected by a private
refuse collector licensed hereunder, or by those persons who are not
required to be licensed for infrequent and occasional disposal of
refuse, all at a site owned and maintained by D.P.W. for the disposal
of refuse, and D.P.W. shall have the authority to make regulations
with respect thereto.
C.
The disposal of the refuse shall be by incineration or other means
consistent with accepted practices as prescribed by D.P.W. or any
other governmental agency having authority to control or regulate
such facilities.
D.
Regulations as to hours of operation at the disposal site, the type
and volume of materials considered to be acceptable or any other regulations
concerning the control of refuse shall be established, modified and
revised by D.P.W. from time to time, as operational conditions may
require.
E.
D.P.W. may reject any and all refuse brought for disposal by a sanitary
district, a private licensed collector or by persons not required
to be licensed as described above, if, in the opinion of D.P.W., such
material was not collected in the Town, or if the material cannot
be efficiently, effectively or economically disposed of.
A.
Separation of refuse. Garbage, ashes and other kinds of refuse shall be placed and maintained in separate containers except that refuse in the form of newspaper waste (discarded newspapers) shall be placed and maintained for pickup, collection and recycling as hereinafter provided. After adequate notice has been published, posted and publicized, for a respective collection district or particular collection area, it shall be mandatory for persons who are owners, lessees or occupants of residential dwellings and persons hereinafter described in the enumerated subdivisions of this section, to separately bundle newspapers for pickup, collection and recycling. Said newspaper waste shall be compacted and securely bundled, tied and packed as hereinafter described in Subsection A(1) of this section. When refuse in the form of discarded newspapers is placed within the vicinity of the curb for pickup, collection and recycling, it shall become the property of D.P.W., and any person other than an owner, lessee or occupant or representative of D.P.W., or a person acting on behalf of any religious, charitable or veteran's organization having a charities registration number with the New York State Department of Social Services, who picks up said refuse for his own use, shall be guilty of an infraction against this section.
[Amended 5-4-1971 by L.L. No. 45-1971, effective 5-10-1971]
(1)
Persons having management or control over any land or buildings used
exclusively as a residential domicile for not more than four families
shall provide sufficient receptacles to hold garbage, ashes or rubbish
ordinarily accumulated by the occupants of such land or buildings
over a period of 96 consecutive hours. Any waste material, other than
garbage, which cannot be readily deposited in receptacles, may be
compacted and securely bundled, tied or packed so as to be easily
handled, but not weighing more than 75 pounds and not likely to be
scattered, and, when packed and secured, placed alongside such receptacle,
and not to exceed dimensions of two feet by two feet by four feet.
(2)
Receptacles provided for in Subsection A(1) of this section shall be watertight, kept covered with a cover and maintained in a sanitary condition by periodic cleaning. Such receptacles shall not exceed 30 gallons' capacity and, when filled, not exceed 75 pounds in total weight.
(3)
Receptacles containing garbage or rubbish shall be free of water
or wetted materials.
(4)
Persons either occupying or having the management or control of any
land or building used in the following manner shall provide sufficient
commercial-type refuse containers having no less than three cubic
yards and no more than six cubic yards' capacity: residential occupancy
in excess of four families, including such continuous or attached
structures commonly referred to as "condominiums"; schools (public
or private); firehouse; church or other house of worship; public library;
veteran or fraternal organization building, or any building occupied
by a department or division of government of the Town of Hempstead.
Such persons shall provide for a suitable on-site location readily
accessible by equipment of D.P.W. for the emptying of such commercial
containers, and shall further provide sufficient receptacles to store
garbage and rubbish in separate receptacles which would ordinarily
be accumulated by the occupants of such land, building or buildings
during a ninety-six-consecutive-hour period. The commercial containers
required by this subsection shall be of a type and kind compatible
to and capable of performing their function by the use of such standard
equipment as may be operated by D.P.W.
(5)
Persons either occupying or having the management or control of any
land or building which by the computations of maximum quantities to
be collected as provided for in this chapter are in excess of 400
gallons shall provide for the exclusive use of such land or building
or part thereof sufficient commercial receptacles no less than three
cubic yards' and no more than six cubic yards' capacity during a ninety-six-consecutive-hour
period. The commercial containers required hereunder shall be of a
type and kind compatible to and capable of performing their function
by the use of such standard equipment as may be operated by D.P.W.
However, the container volume to be provided under the provisions
of this section shall not be in excess of the next larger container
of equivalent measure.
B.
Refuse containers or receptacles; duty to provide and maintain in
safe and sanitary condition.
(1)
Refuse containers shall be provided by the owner, tenant, lessee
or occupant of the premises and shall be maintained in good condition.
Any container that does not conform to the provisions of this chapter
or that may have ragged or sharp edges or any other defect liable
to hamper or injure the person collecting the contents shall be promptly
replaced upon notice. D.P.W. shall have the authority to refuse collection
for failure to comply herewith.
(2)
Garbage containers shall be commercially manufactured for that purpose,
equipped with suitable handles and tight-fitting covers, and shall
be watertight.
(3)
Ash containers shall be made of metal and have a capacity of not
more than 10 gallons.
(4)
Rubbish containers shall be commercially manufactured for that purpose,
equipped with suitable handles and tight-fitting covers.
(5)
Plastic (polyethylene) bags may be used for all refuse, including
leaves, provided such bags are securely tied at the top and are not
overfilled and not torn, ripped or otherwise not capable of being
lifted and placed in refuse truck. Maximum-size bag for garbage, 30
gallons; maximum-size bag for leaves only, 55 gallons.
C.
Points of collection.
(1)
In residential areas where curb service is provided, refuse containers
shall be placed for collection in a visible and accessible area between
the sidewalk line and the curbline immediately in front of the premises.
(2)
In residential areas where rear-door service is provided, containers of garbage shall be placed adjacent to the main building (dwelling), and containers of rubbish shall be placed at the curb area described in Subsection C(1) above. Rubbish will not be collected if located inside any building or structure or behind locked gates.
(3)
In commercial areas of any collection district, refuse shall be collected
only from the curb area of the public highway immediately in front
of such premises. No D.P.W. vehicle shall cross over or enter upon
private property in any collection district for the purpose of collecting
refuse.
Except as otherwise provided hereunder, D.P.W. shall collect
all refuse as often as possible during prescribed specified hours;
collection shall be made from receptacles when placed on or in front
of any premises at such accessible locations as shall be approved
by D.P.W., which shall have the right to omit collections from any
premises where a vicious dog is permitted to run at large or where
D.P.W. employees are subject to any unnecessary danger or hazard.
A.
Residential.
(1)
Collection from residential areas is restricted to the hours 6:30
a.m. to 6:30 p.m., Monday through Saturday, on scheduled days.
(2)
All refuse shall be in a container commercially manufactured for
this purpose, not exceeding 45 gallons in size, having a tight-fitting
cover and a maximum filled weight of 75 pounds; except that garden
refuse and rubbish will be accepted in wooden boxes, baskets or pails
with handles.
[Amended 10-22-1996 by L.L. No. 64-1996, effective 10-28-1996]
(3)
Quantities of refuse to be collected are limited as follows:
(a)
Garbage. The equivalent of two thirty-gallon containers each
scheduled collection day.
(b)
Rubbish. On the second and third collection days of each week
only, the equivalent of two thirty-gallon containers and no more than
six tied bundles of twigs or branches two feet by two feet by four
feet in length or six fifty-five-gallon plastic bags. Exception: on
the first scheduled collection day after a legal holiday, no rubbish
shall be collected, due to the double volume of garbage to be collected.
In rear-door collection areas, rubbish shall be collected at the curb
on designated rubbish days in volumes indicated herein. No rubbish
shall be collected in any week in which a legal holiday falls on Monday
through Friday inclusive of such week, due to the double volume of
garbage to be collected.
(c)
Ashes. Ashes must be thoroughly water-quenched and placed in
a fireproof metal receptacle weighing not more than 70 pounds filled,
and placed with rubbish for collection.
(d)
Christmas trees shall be placed at the curb area and shall be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet length requirement described in Subsection (3)(b) above.
(e)
Leaves. Leaves shall be collected on the second and third collection
days of each week, except in holiday weeks, from the curb area of
all districts, when leaves are in containers suitable for handling
and placing of leaves in refuse truck.
(f)
Large household items. All large household items such as furniture,
refrigerators, etc., shall be collected from the curb area only and
by special vehicle, by appointment with D.P.W.
B.
Commercial. The following restrictions apply to collection practices
of collection districts and are not to apply to private collection
operations unless otherwise prescribed in the chapter:
(1)
Collection from commercial or business areas is restricted to the
hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday, on scheduled
days.
(2)
All refuse shall be in a container commercially manufactured for
that purpose, not exceeding 30 gallons in size except as otherwise
prescribed hereunder, and having a tight-fitting cover, with a maximum
filled weight of 75 pounds.
(3)
Quantities. The maximum amount of garbage and rubbish which will
be collected on each scheduled collection day is based on the size
of the building and as follows: The first 5,000 square feet, two thirty-gallon
containers or the equivalent; each additional 10,000 square feet or
fraction thereof, one additional thirty-gallon container or the equivalent.
Exclusions in the computations for determining volume shall be all
basements, rooms attached, sheds and other accessory use areas of
subject buildings, and other locations not primarily used in the conduct
of the commercial enterprise.
(a)
Exceptions as to maximum amounts. The computed maximum amounts
to be collected above shall not apply to buildings or use of buildings
as follows: schools, (private or public): fire-houses; houses of worship;
public libraries; veteran or fraternal organization buildings; Town
of Hempstead department or divisional buildings.
C.
Prohibitions, restrictions and regulations.
(1)
Use of barrels, drums, kegs, cardboard boxes or cloth bags for containing
garbage or rubbish is prohibited.
(2)
No refuse shall be placed for collection before 7:00 p.m. on the
day prior to collection.
(3)
Empty receptacles shall be removed from the curb area within three
hours after collection.
(4)
Refuse receptacles shall be stored on property only on a location
adjacent to a principal or accessory use building, but in no event
shall such receptacle be stored forward of the front building line
of the principal structure.
(5)
It shall henceforth be illegal for any person to construct, place
or build facilities for the storage of receptacles below property
grades (underground). The owners or occupants of such properties wherein
such underground receptacles have existed prior to January 1, 1963
shall be required to remove any such refuse receptacle from its underground
container prior to regular collection schedules. No containers shall
be serviced unless and until such receptacle has been removed from
its existing underground storage location.
(6)
Receptacles shall not be placed for collection inside or within any
building, accessory use building or garage.
(7)
No employee of D.P.W. in the course of his duties shall be required
to enter a building or structure to gather or collect any refuse.
No employee shall accept or receive any tip or gratuity for the performance
of this duties or solicit money for any purpose in connection therewith.
A.
No person engaged in the business or occupation of landscape gardening
shall be permitted the use of the disposal site maintained by D.P.W.
unless and until he has applied for and received an annual landscape
disposal permit. This permit, to provide for the disposal of certain
organic material, will be issued by D.P.W. for each fiscal year commencing
April 1 and expiring March 31, without additional charge other than
that required for said permit. D.P.W. shall cause a set of rules and
regulations to be published and thereafter distributed and issued
with each permit, governing and limiting the use thereof and prescribing
additional fees which may be required. Changes in said rules and regulations
for the aforesaid fiscal period may be made, provided notice of such
change is posted 30 days prior to an effective date at the scale room
or entrance control area of all disposal sites maintained and operated
by D.P.W.
B.
No person engaged in the business or occupation of landscape gardening
or in the performance of such work in the care and maintenance of
properties, including, but not limited to, grass cutting, raking,
tree pruning and general lawn care, shall perform or conduct such
business or occupation in such a manner as to leave the residual of
the performance of such work on, about or around the property where
such work has been performed.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
A.
Any accumulation of refuse and any waste building materials in excess
of ordinary household accumulation thereof, resulting from failure
of any person to comply with any provision of this chapter or from
his failure to take advantage of the regular collection service maintained
by any collection and disposal district, shall be removed by such
person at his or her own expense.
B.
On scheduled days, D.P.W. will collect amounts of all classes of
refuse from the premises in accordance with the limitations set forth
pursuant to this chapter, but where abnormal amounts are placed for
collection. D.P.W. reserves the right to refuse the material, to defer
the collection, to collect the material in part, or to make a special
collection thereof at charges authorized by D.P.W.
C.
Trees, tree branches and trimmings, large bushes, logs, etc., shall
be securely tied in bundles not in excess of 75 pounds nor more than
four feet in length and 24 inches in any other dimension; trees, tree
branches and trimmings, large bushes, logs, etc., not reduced to size
nor bundled as provided in this section, will be collected by special
collection at charges authorized by D.P.W. and then only when the
material can be readily loaded on a collection vehicle by the (2)
men.
D.
D.P.W. is hereby authorized and directed to establish charges for
special collection, based on the personnel equipment required therefor
plus a reasonable overhead.
A.
Except in the case of municipalities, sanitary districts or collection
districts, school districts or fire departments, it shall be unlawful
for any person to operate, engage in, conduct or cause the operation
of a business engaged in the collection of garbage or disposal of
refuse, offal, dead animals and similar materials or any other offensive
or noxious material without having first obtained a Town license as
well as a permit, if required, pursuant to the provisions of the Public
Health Ordinance of the Nassau County Health Department. Every license
issued hereunder shall be issued as of the first day of January or
subsequent day of issuance and shall expire on the 31st day of December
next suceeding said date, unless sooner suspended or revoked by the
Town Board.
B.
License procedure. Every person who desires to engage in or conduct
the business of the collection of garbage, refuse and similar material
within the Town shall file a written, verified application with the
Town Clerk on forms provided for that purpose, verifying the following
information.
C.
Application form to provide:
(1)
The name and address of the applicant, specifying, in the case of
any unincorporated association, the names and addresses of each member
thereof, and, in the case of any corporation, the names and addresses
of each officer and director thereof.
(2)
If the applicant conducts business under a trade name or if the applicant
is a partnership, the application for a license must be accompanied
by a copy of the trade name or partnership certificate duly certified
by the Clerk of the county in whose office the certificate was filed.
(3)
The age and citizenship of the applicant and each member thereof
if an unincorporated association, and each officer and director thereof
if a corporation.
(4)
The experience of the applicant and each member thereof, if an unincorporated
association, and each director and officer thereof if a corporation,
in the business of collection and disposal of refuse and similar material.
(5)
The number of collection vehicles to be operated by the applicant
and a description of each such vehicle, including the ownership of
the vehicle, the make, year, model of chassis and body type, the cubic
capacity or tare weight, and color of vehicle, the current New York
State registration number, and the community or communities in which
the vehicle will operate.
(6)
The approximate volume and tonnage each vehicle will handle per day.
(7)
The location of any and all terminals proposed to be used by the
applicant for the storage of licensed vehicles.
(8)
The applicant’s proposed daily route and pickup schedule for
each area and building to be serviced in the Town, excluding incorporated
villages. This subsection shall not apply to such routes and special
districts as are provided for by contract with the Town or to collections
made incidental to the operation of a business other than the collection
of refuse.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
(9)
The name, address and telephone number, both day and night, of the
applicant or the person in charge of the business.
(10)
A listing of the present customers serviced by each vehicle.
(11)
The hours and days each vehicle will operate within the Town.
(12)
Any other relevant information the Town Clerk may require.
D.
Additional requisites for obtaining and holding a license.
(1)
Photographs. Two individual photographs of the applicant taken within
30 days prior to the date of the application, 1 1/2 inches by
1 1/2 inches in size, which must be a true likeness of the applicant,
showing neck, shoulders and uncovered head.
(2)
Fingerprinting. Applicant must be fingerprinted under the direction
and supervision of the Town Clerk.
(3)
Police investigation. The Town Clerk shall refer the application
to the Nassau County Police Department for investigation and report
thereon.
(4)
Ownership of corporate stock of licensee. All capital stock of a
corporate licensee shall be issued only to and in the name of the
true owner thereof. A person shall not hold stock in a corporate licensee,
directly or indirectly, for the use or benefit of another person.
(5)
Change of ownership of corporate stock. In the event of any change
of ownership of any of the capital stock of a corporate licensee,
the licensee of record must notify the Town Clerk of such change within
three days after such change occurs.
(6)
Insurance. Before a license may be issued by the Town Clerk, each
applicant shall file with the Town Clerk proof of the following insurance
coverage, consisting of a certificate of the insurance carrier:
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
(7)
Deposit. Before a license may be issued by the Town Clerk, each applicant
shall place a cash deposit of $1,000 with the Town Clerk.
(a)
In the event that a licensee fails to pick up and remove any
of the materials described herein, in accordance with the licensee's
route and pickup schedule as filed with the Town Clerk, within 24
hours of the day provided therein, the D.P.W. may cause such pickup
and removal to be made, and all costs incurred in connection therewith
shall be deducted from said cash deposit. In addition, should a licensee
fail to make payment for all Town disposal charges within 10 days
after such charges are billed, the Town Comptroller may deduct the
amount of such charges from the cash deposit to be applied against
all amounts then due and owing for use of Town disposal facilities.
(b)
The said cash deposit shall at all times be maintained by each
licensee in the sum of $1,000, and upon the failure of any licensee
to maintain said deposit after three days' notice and demand therefor,
the Town Clerk may forthwith suspend the license of any such licensee.
In addition, for any violation of this subdivision, such licensee
shall be subject to suspension or revocation of his license and all
other penalties provided herein. This subdivision shall apply only
to those licensees engaged in the business of the private collection
of refuse.
(8)
Duty to keep records. Every licensee shall keep complete and accurate
books of account with respect to the operation of his business, in
which shall be entered and shall show, among other things, all income
derived or received from each of his customers and/or other sources,
together with details of all expenses disbursements made or incurred
in the operation of his business. Such books of account shall be kept
current on a monthly or quarterly basis and brought up-to-date not
later than 30 days after the expiration of such period. All such records
shall be retained by the licensee for at least three years.
(9)
Right of inspection. The Town Clerk shall have the right to inspect
books of account and records maintained by the licensee.
E.
Granting or revoking licenses by the Town Clerk.
(1)
A license shall be issued to an applicant not previously engaged
in the business of private refuse collection or for the operation
of existing private refuse collection facilities by a licensed applicant,
unless the Town Clerk is satisfied:
(a)
All character references have been reviewed and approved.
(b)
Applicant has sufficient experience to function as a licensee.
(c)
Applicant is financially responsible.
(d)
Issuance of a license to an applicant who will not tend toward
destructive competition in a market already adequately served.
(e)
Issuance of a license which is in the public interest.
(2)
Additional reasons for license refusal, suspension or revocation.
A license will be refused, suspended or revoked where one or more
of the following situations is found to exist:
(a)
That the applicant or licensee has failed and refused, without
reasonable cause, to collect and dispose of garbage and rubbish, except
in a situation where a contract has been lawfully terminated.
(b)
That the applicant or licensee has failed to account or pay,
without reasonable cause, any disposal bills to D.P.W. or other disposal
agencies.
(c)
That the applicant or licensee has failed to reasonably fulfill
his obligations as a private refuse collector to a customer.
(d)
That the applicant or licensee is insolvent or has made a general
assignment for the benefit of creditors or has been adjudged a bankrupt,
or a money judgment has been secured against him upon which an execution
has been returned wholly or partly unsatisfied.
(e)
That the applicant or licensee has failed to keep and maintain
records or has refused to allow the inspection thereof as otherwise
provided in this chapter.
(f)
That the applicant or licensee has violated any of the provisions
of this chapter.
(g)
That the applicant or licensee has ceased to operate as a private
refuse collector for which a license was previously issued.
(3)
Decision filed. Whenever an application for a license is granted,
denied, suspended or revoked, the Town Clerk shall file a written
memorandum stating the reasons for the granting, denial, suspension
or revocation, as the case may be, of the particular license, together
with transcripts or other written information applicable thereto.
If the Town Clerk shall find from the statements contained in
the application that the applicant is qualified and able to conduct
the business of collection of refuse and similar material and conforms
to the provisions of this chapter and the rules and regulations adopted
hereunder, then the Town Clerk shall issue a license stating the name
and address of the applicant, the number of collection vehicles the
applicant is authorized to operate, and the date of the issuance thereof,
which license shall be for the calendar year in which the license
is issued.
The Town Clerk, when issuing a license, shall also issue a metal
vehicle license for each collection vehicle, which shall be firmly
affixed on the left-hand side of each vehicle near the cab thereof.
Upon the sale, dissolution, suspension or discontinuance, whether
voluntary or involuntary, of the business of a licensee, it shall
be the duty of such licensee to forthwith surrender to the Town Clerk
the license issued to him, together with all plates issued thereunder.
Each vehicle licensed pursuant to this chapter 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 thereon
or otherwise securely affixed thereto.
A.
In the event of the sale, transfer or assignment of the right, title
and interest of a licensed private refuse collection vehicle, the
seller, transferor or assignor shall be required to surrender the
license to the Town Clerk within five days after such sale, transfer
or assignment, together with a sworn statement giving particulars
regarding the sale, transfer or assignment, including the name and
address of the purchaser, transferee or assignee.
B.
In the event the new owner, transferee or assignee of the vehicle
or vehicles previously licensed, as provided herein, desires to have
said license reissued in his name, he shall file an application in
the manner provided herein.
[Amended 3-9-2004 by L.L. No. 25-2004, effective 3-22-2004]
A.
Each application for a license as herein provided shall be accompanied
by a fee of $550 for an owner's license, to cover the cost of investigation,
which fee is not returnable.
A.
There is hereby established an Advisory Committee on Private Collection
to assist the Town Board, hereinafter referred to as the "Committee."
The Committee shall be composed of a member of the Town Board, D.P.W.,
the Town Attorney, a representative of the waste removal industry
and an attorney representing the Waste Removal Institute of Nassau
and Suffolk Counties, Inc., or other recognized waste removal industry
organizations.
B.
Two members of the Committee shall be appointed Chairman and Vice
Chairman respectively. The members of the Committee, the Chairman
and the Vice Chairman shall be appointed by and serve at the pleasure
of the Town Board.
The Committee shall have the following powers and functions:
A.
Make rules for the conduct of the Committee's business.
B.
Meet from time to time at a time and place designated by the Chairman.
C.
Keep minutes of Committee proceedings.
D.
Conduct informal meetings, forums, workshops and seminars on the
subject of waste removal.
E.
Assist the Town Board in the drafting of legislation concerning private
collection by waste removal dealers.
F.
Act as an advisory board on appeals of decisions rendered by the
Town Clerk which denied, suspended or revoked an application for a
license.
[Repealed 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
G.
Recommend maximum prices, charges or fees allowable for private collection
from commercial establishments within the Town.
H.
Recommend the manner of performing the removal of waste material
from commercial establishments.
I.
Act as mediator in any controversy or issue that may arise among
or between waste removal dealers operating within the Town.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
A.
The holder of any license which has been suspended or revoked and
any applicant who shall have been denied a license under this chapter
may apply for a review of the action of the Town Clerk as hereinafter
provided:
(1)
The application for review shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Town Clerk was erroneous.
(2)
Said application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his application by the Town
Clerk has been mailed to him or delivered to him in person.
(3)
Upon the filing of the application, a hearing shall be held thereon, pursuant to the provisions of § 128-20 hereof.
(4)
At the hearing, as hereinafter provided, the Review Board shall consider
the applicant's application upon the record before the Town Clerk
in connection with the Town Clerk's consideration thereof and, in
its discretion, may receive new or additional evidence in support
thereof or in opposition thereto.
B.
The Review Board, after the hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper license, pursuant
to this chapter.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
Whenever it shall be provided herein that a hearing shall or
may be held with respect to any matter:
A.
The hearing shall be held on a date, at a place and hour designated
by the Supervisor.
B.
The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days prior to said hearing.
C.
If an applicant or licensee requests a hearing, the Supervisor shall
designate two or more members of the Town Board to conduct said hearing
as a Review Board.
D.
The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to
the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
A.
It shall be unlawful to dispose of any refuse collected within the
Town of Hempstead at any location other than that so designated by
the Town Board, or at such locations authorized, controlled and under
the jurisdiction of the Board of Commissioners of any sanitary district
in the Town of Hempstead.
B.
Private collection vehicles shall operate only between 7:00 a.m.
and 6:30 p.m., Mondays through Saturdays, excluding holidays as otherwise
provided.
C.
No collections whatsoever shall be made on Sundays or the following
holidays:
|
New Year's Day
|
|
Memorial Day
|
|
Independence Day
|
|
Labor Day
|
|
Thanksgiving Day
|
|
Christmas Day
|
D.
Garbage collection vehicles shall be completely enclosed and watertight.
E.
Rubbish collection vehicles wherein no garbage is transported may
be of an open refuse collection type, provided that such vehicle is
fitted with a suitable canvas or other cover to prohibit any material
being discharged from it while the vehicle is in transit.
F.
Collections are to be made in such manner as not to permit debris,
litter and the like from the collection procedure to fall upon property,
public or private, or upon any highway within the Town of Hempstead.
G.
Vehicles designed or known as "rear loaders" or "rear load packers"
shall be completely closed in transit, either by use of the exterior
closing door fitted as part of a body style or by the use of the closing
mechanism in those units not having as a standard or an accessory
a separate exterior door.
H.
All accessory doors, including the main loading door, shall be closed
in travel on public highways unless the subject vehicle is engaged
in a continuous servicing of adjacent structures on said highway.
I.
All private collection vehicles shall perform and operate on Department
of Public Works' properties in accordance with the rules and regulations
of the Department of Public Works.
J.
Collection vehicles shall be subject to inspection at any time by
authorized representatives of the Department of Public Works, peace
officers or Nassau County Police, for the purpose of enforcement of
this chapter. All persons or their employees shall be required to
give aid and cooperation when required by such personnel in the performance
of the enforcement of this chapter.
K.
Collection vehicles shall be kept clean and sanitary both inside
and out. Where, as required in the collection practice, containers
of one cubic yard or more are used, such containers shall be cleaned
and sanitized no less than once per week.
L.
All vehicles shall be properly identified by the person operating
such vehicles, including name and address.
M.
It shall be unlawful for any private licensed collector or a person
not required to be licensed under this chapter, to deliver to any
Town of Hempstead refuse disposal facility any material not collected
or generated within the geographic limits of the Town of Hempstead.
[Added 1-25-1983 by L.L. No. 15-1983, effective 1-31-1983]
N.
It shall be unlawful for any private licensed collector or a person
not required to be licensed under this chapter, to deliver to any
Town of Hempstead refuse disposal facility any material set forth
or in violation of Parts 360 and 366 of Title 6 of the official compilation
of the New York Codes, Rules and Regulations under the statutory authority
of Article 27, Title 9 of the New York State Environmental Conservation
Law.
[Added 1-25-1983 by L.L. No. 15-1983, effective 1-31-1983]
A.
Any person or persons, association or corporation committing an offense against this chapter or any section thereof, except § 128-10, is guilty of a violation, punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
[Amended 5-10-2005 by L.L. No. 45-2005, effective 5-31-2005]
B.
An offense against any provision of § 128-10 of this chapter is a Class B misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment for a period not exceeding three months, or by both such fine and imprisonment.
[Amended 5-10-2005 by L.L. No. 45-2005, effective 5-31-2005]
C.
Each day an offense against this chapter shall be permitted to exist
shall constitute a separate offense.
