[HISTORY: Adopted by the Town Board of the Town of Barton: Art. I, 12-30-1985.
Amendments noted where applicable.]
[Adopted 12-30-1985]
It is the intent of this Article to protect and promote the health,
safety and welfare of the inhabitants of the Town of Barton by regulating
and controlling the collection and disposal of garbage and refuse within the
Town of Barton.
This Article may be known and cited as the "Town of Barton Garbage and
Refuse Ordinance."
As used in this Article, the following terms shall have the meanings
indicated:
All putrescible and nonputrescible solid waste, including garbage,
rubbish, ashes, incinerator residue, street cleanings, dead animals and solid
commercial and industrial wastes.
No person shall engage in the business of collecting garbage and refuse
within the Town of Barton without first obtaining a license from the Town
Clerk of the Town of Barton.
The term "business of collection of garbage and refuse" shall include
anyone who, incidental to his occupation, hauls, carries or takes away garbage
or refuse from the premises of another person. Any person desiring to engage
in the business of collecting garbage or refuse shall make application to
the Town Clerk of the Town of Barton setting forth his name, address, the
name under which such business is to be conducted, a statement of convictions,
if any, and the number and kinds of vehicles to be used in the business.
The fee for such license shall be $100 for each year or portion thereof
to which said license applies. Such license shall entitle the holder thereof
to operate and maintain one motor vehicle or truck in the business of collecting
and disposing of garbage and refuse. An additional fee of $100 shall be charged
annually for each additional motor vehicle or truck operated and maintained
in such business. The fee shall accompany the application for the license.
Each motor vehicle or truck maintained or operated in the business of
garbage and refuse disposal must have the license issued by the Town Clerk
for each motor vehicle or truck affixed to it in a conspicuous place on said
motor vehicle or truck.
Such license shall be effective from the first day of January or from
the date when issued until the 31st day of December of the same year and may
be renewed in the month of December for the succeeding year and shall be subject
to the same conditions as the original license. License fees shall not be
prorated for any part of a year.
No license issued under this Article shall be transferable.
Any vehicle used for the collection or transportation of garbage or
refuse shall:
Any person licensed under the provisions of this Article may dispose
of such refuse and garbage at any currently approved site operated by or under
agreement by the Town of Barton, subject to the rules and regulations of the
municipality, agency or organization operating said project.
Any person licensed under this Article who shall dispose of any refuse
or garbage at an approved site, which refuse or garbage originates in any
place other than a town which belongs to or has an agreement with the refuse
district, the Town of Barton or the County of Tioga, shall be subject to having
any and all licenses issued to him revoked by the Town Board.
Residents of the Town of Barton may dispose of their garbage and refuse
at an approved site operated by the municipality, agency or organization without
charge if the rules and regulations thereof are followed. For purposes of
identification, the Town Clerk of the Town of Barton will issue a card to
any person of the Town of Barton, which card will authorize such person to
use the approved disposal site.
The Town Board shall have the power to suspend or revoke any license
issued under this Article for a violation of any of the provisions of this
Article.
A.
Any violation of this Article shall constitute a violation
as defined in the Penal Law, punishable by a fine of $250 or by imprisonment
for not more than 15 days, or by both.
B.
Notwithstanding the above, the Town Board of the Town
of Barton may also, at its option, maintain an action or proceeding in the
name of the town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of the rules and regulations
of this Article.
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[Tioga County's solid waste collection and recycling regulations
are the controlling standards in the town.]
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