[Adopted 12-7-1970 as Subpart J
of the 1970 Code]
This article shall be cited and may be referred
to hereinafter as the "Refuse Removal Law." This article shall relate
to the incorporated Village of Spring Valley.
A.
The Board of Trustees of the Village of Spring Valley
finds it necessary to the preservation of the appearance of the Village,
the prevention of health hazards and the convenience and financial
well-being of the citizenry to regulate the refuse removal industry.
B.
It is the intention of the Village Board to maintain
prompt, efficient, timely, clean and courteous service by the refuse
collection industry at reasonable prices.
[Amended 8-16-2005 by L.L. No. 11-2005]
A.
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.
B.
ASHES
GARBAGE
MULTIFAMILY RESIDENCE
PERSON
REFUSE
RUBBISH
VILLAGE
For the purposes of this article, the following terms,
phrases and words and their derivations shall have the meanings given
herein.
The residue from the burning of wood, coal, coke or other
combustible materials.
Putrescible animal and vegetable waste resulting from the
preparation, handling, cooking and consumption of food.
Any residence legally containing in excess of two families.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes. "Refuse" shall not
be deemed to include dead animals or abandoned automobiles.
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
The Village of Spring Valley.
No person shall engage in the business of collecting,
removing or transporting refuse in the Village of Spring Valley without
first obtaining from the Village Clerk, approved by the Village Board,
a license to carry on such business in the Village and an appropriate
identification card for each vehicle used in such business.
[Amended 4-11-1995 by L.L. No. 1-1995]
The fee for a license to engage in the business described in this article shall be as set forth in Chapter 118, Fees. The fee shall be payable to the Village Clerk prior to the issuance of the license. Fees shall not be prorated except as herein stated; provided, however, that in the event of the sale of a business, the new licensee shall pay a license fee of 1/2 the usual fee if the new license is obtained after July 1 in any year, or if a license is initially issued after July 1 in any year, the licensee shall pay a license fee of 1/2 of the usual fee.
A.
Issuing authority. The Village Clerk is hereby authorized
to grant licenses and identification cards.
[Amended 4-11-1995 by L.L. No. 1-1995]
B.
Forms; contents of application. All applications for
licenses and identification cards shall be made by the applicant on
forms to be provided by the Village Clerk. Said applications shall
set forth the name, business and residence address of the applicant,
the names and residence addresses of the officers and stockholders
or partners if the applicant is a corporation or partnership, whether
the applicant, any partner, stockholder or corporate officer has been
convicted of a misdemeanor or felony, a statement of the ownership
interest by said applicant, stockholder, officer or partner in any
other garbage collection business in the State of New York, a statement
of the number, type and kinds of vehicles to be used by the applicant,
including their unladen weight and capacity, trade name, body type,
serial and motor number and state registration number, the kind of
service the applicant desires to perform in the Village and such other
information as may be required by the Village Board, and supplementary
applications shall be verified by the applicant; if a partnership,
by one of the partners; if a corporation, by one of its officers.
C.
Applicant to be fingerprinted. Each applicant, partner
or corporate officer, if a corporation, shall have a fingerprint impression
of the fingers and thumbs on both hands taken by the Police Department
of the Village of Spring Valley prior to issuance of said license.
D.
Approval of Chief of Police. The application form
must have endorsed upon it the written approval of the Chief of Police
of the Village, who shall certify to the fitness of the applicant
to receive a license based on past criminal record and/or criminal
associations.
E.
Supplementary application; changes on license or identification
card. Within five days of the occurrence of any change in the facts
stated in any application, the applicant shall report the same in
a supplementary application to the Village Board. If additional vehicles
are used in such business, an additional, prorated fee shall be paid
for such additional vehicle. All changes made on any license or identification
card shall be made only by the Village Clerk.
[Amended 4-11-1995 by L.L. No. 1-1995]
For commercial establishments and multifamily
residences, the fee shall be negotiated between the owner and the
collector.
[Amended 4-11-1995 by L.L. No. 1-1995]
Each applicant for a license shall file with
the Village Clerk evidence in the form of a certificate of insurance
that a policy of liability insurance is in full force and effect,
with limits of not less than $1,000,000 covering bodily injury and
property damage and covering the applicant and each and every vehicle
engaged in the collection of refuse, which policy shall be endorsed
to indemnify and save harmless the Village of Spring Valley from any
and all claims for personal injury or property damage arising out
of the operations of the applicant covered by the license and the
operation, ownership and maintenance of any vehicle used by the applicant
in the corporate limits of the Village of Spring Valley. Each applicant
shall file with the Village Clerk evidence in the form of a certificate
of insurance that the proper workmen's compensation is in force and
effect covering each and every person employed by the applicant in
the collection of such refuse. Said certificates of insurance shall
be approved by the Village Attorney. The insurance policies shall
have a term which will expire December 31 of the license year.
[Amended 9-22-1971 by L.L. No. 1-1971]
A.
Every application for a license shall be accompanied
by a cash deposit to assure that during the term of such license the
licensee will continue to comply with all the laws, codes, rules and
regulations of the State of New York, the County of Rockland and the
Village of Spring Valley and the rules and regulations of the Village
Board and to assure that, upon default in the performance by the licensee
during the term of the license, the Village will be reimbursed for
any funds, work or services rendered in carrying out the duties of
the licensee, all in accordance with a schedule of fees and charges
for such service as shall be formally filed from time to time with
the Village Board through the Village Clerk by the Superintendent
of Public Works of the Village.
[Amended 4-11-1995 by L.L. No. 1-1995]
B.
Such cash deposit shall be for the use and benefit
of the Village of Spring Valley and for the use and benefit of any
person intended to be protected thereby and shall be subject to the
payment of any damage to public or private property and the payment
for any damages or losses resulting from any malfeasance, misfeasance
or negligence in connection with any of the activities or conditions
upon which the license applied for is granted, including expense to
the Village in supplying emergency or supplemental service to customers
of a defaulting contractor.
All licenses issued under this article shall
be granted for a term to end on the 31st day of December next following
the issuance thereof.
Except as herein otherwise provided, any person
having been duly granted a license and identification card in any
previous year may obtain a renewal of the same for the succeeding
year upon payment of a renewal fee of the same amount as required
for the original issue and filing the insurance certificates and performance
bond required herein and upon a sworn statement to the Village Clerk
that there has been no material change in the original application
or any subsequent supplementary application.
A license issued under the provisions of this
article may be refused or revoked if the applicant, any partner, stockholder
or corporate officer shall have been convicted of a misdemeanor or
felony which, in the judgment of the Village Board, renders the applicant
unfit or undesirable to carry on the trade or occupation involved
herein. The Village Board may also refuse or revoke a license to any
person who, in its judgment, shall be an undesirable person or incapable
of conducting the trade or business involved herein. The granting,
refusal or revocation of such license by the Village Board shall be
subject to review by Article 78 proceeding (Article 78 of the Civil
Practice Law and Rules).
[Added 2-13-1990 by L.L. No. 2-1990; amended 4-11-1995 by L.L. No. 1-1995; 8-16-2005 by L.L. No. 11-2005]
The refusal to comply with the following regulations
shall be grounds for revocation of the license. Every licensee under
this article:
A.
Shall, between the hours of 6:00 a.m. and 6:00 p.m.
of the business day excluding holidays be required to furnish such
service to the public, including businesses and multifamily residences,
as herein provided:
(1)
Exception on Route 59 from Route 45 (Main Street)
east to the Village line, on Route 45 (Main Street) from Route 59
north to Maple Avenue and on North Madison Avenue between Commerce
Street and Maple Avenue pickups may commence at 5:30 a.m. but must
be completed before 8:00 a.m.
B.
May work on Saturdays, Sundays or holidays in its
individual discretion.
C.
Shall carry an identification card on each vehicle
used in the licensee's business and which shall be exhibited on the
demand of the property owner where collection is being made or by
the Village of Spring Valley Police.
D.
Shall render efficient, reliable, quiet and courteous
service at all times.
E.
Shall not arbitrarily discontinue service to any customer.
In the event that any customer fails to pay for the services rendered
by a period of three consecutive months, service may be discontinued
by the licensee by giving notice, in writing, to the customer, by
registered mail, return receipt requested, with a copy to the Village
Board.
F.
Shall make a minimum of six collections per week.
G.
Shall pick up any refuse which is dropped by him.
H.
Shall park its vehicle as far off the road as is possible.
I.
Shall continue to make pickups at the present locations,
and no customer receiving backyard service as of April 30, 1969, shall
be required to place refuse containers along the street for pickups.
J.
Shall bill customers at least every two months.
K.
Shall permit all reasonable inspections of its business
and examinations of its books by the Village Board and other public
authorities so authorized by law.
L.
Shall keep all records and books necessary to the
computation of its license fee and to the enforcement of this article.
Where the licensee fails to keep such records, the Village Board shall
make its own determination as to the financial statement for any business
where the licensee has failed to keep books and records as required
herein.
M.
Shall refrain from operating the licensed business
after expiration of its license or during any period the license is
revoked or suspended.
N.
Shall avoid all forbidden, improper or unnecessary
practices of conditions which do or may affect the public health,
morals or welfare of the Village.
O.
Shall not refuse to accept a new residential customer
on any street or route where it is already providing service to residential
customers, except in the case of a customer who has been discontinued
by a licensee for nonpayment of an account properly stated so long
as said nonpayment continues.
P.
Must provide forthwith and at all times during the
year a telephone number and be prepared to receive and answer messages
from 9:00 a.m. to 5:00 p.m. every day of the year.
Q.
Shall have prepared and distribute at its own expense
to each customer a card setting forth its full corporate name, its
business address, its local telephone number (which telephone service
must be regularly maintained locally) and the name and address of
the Village offices and the telephone number of the Village Clerk
or such other number as shall be specified by the Village Board for
receiving complaints.
A.
Customers must purchase their own containers according
to standards established by the Village.
B.
All refuse must be in the containers. The licensee
shall not be required to collect any refuse which is not placed therein.
C.
The customer shall not require collections from the
interior of any structure unless an extra charge shall be mutually
agreed upon with the collector.
D.
Customers may not be in arrears more than 30 days
on any account properly stated.
A license issued pursuant to the provisions
of this article shall not be assignable. Any holder of a license granted
under this article who allows it to be used by any other person and
any person who uses a license granted to any other person shall be
each guilty of a violation of this article.
A.
Inspection and approval; construction; coverage. The
vehicles to be used by collectors of refuse shall have been inspected
and approved by the Rockland County Health Department, whose inspection
certificate signed by a sanitary inspector shall be exhibited to the
Village Board, and shall be so constructed as to make impossible the
spilling or leakage of refuse, and, in transporting such materials
through the Village, the vehicle shall be covered in such manner that
none of the contents can spill on Village roads. Any refuse falling
to the streets or roads in said Village must be immediately cleaned
up.
B.
Maintenance. The licensee must keep all vehicles clean,
sanitary and neatly painted and shall wash, clean and disinfect such
vehicles at least once a week.
C.
Identification. The licensee must keep all vehicles
readily identifiable by lettering the names of the owners and their
Village of Spring Valley license numbers, in letters of suitable size,
upon the vehicles.
The Village Board shall have the following powers
in order to further the purpose of this article:
A.
Investigation. Power to investigate all violations
of this article and any grievances reported by customers and the refuse
collection industry.
B.
Testimony. Power to take testimony concerning violations
of this article, grievances of customers and the refuse collection
industry and petitions for higher rates.
C.
Hearing. Power to hold public hearings on 10 days'
notice by publication in the official newspaper of the Village of
Spring Valley, together with written notice by registered mail to
the members of the refuse collection industry involved.
D.
Discipline. Power to reasonably discipline licensees
for noncompliance with rules, regulations, directives of the Village
Board or for noncooperation in an investigation or hearing.
E.
Other powers. All other powers granted herein.
[Amended 4-12-1988 by L.L. No. 6-1988]
A.
Any person, firm or corporation or agent collecting refuse in the Village of Spring Valley without a license or violating any provisions of this article shall be guilty of a violation punishable as provided in Article IV, § 226-43B. The continuance of such offense against the provisions of this article shall constitute, for each and every day or part thereof the same is continued, a separate and distinct violation hereunder.
[Amended 4-11-1995 by L.L. No. 1-1995]
B.
Any person, firm or corporation who knowingly gives false information upon any application for a license or renewal thereof or who conceals any conviction of a misdemeanor or a felony by any individual, partner, stockholder or corporate officer or who allows another person to use the license issued to himself or itself or who unreasonably refuses to comply with the regulations of § 226-27 herein shall suffer revocation of his or its license.
C.
Any act stated herein to be grounds for revocation
of a license shall result in a revocation of said license by order
of the Village Board after notice and public hearing.
D.
Any licensee who contracts to pick up garbage from any business or multifamily residence located on Route 59 from Route 45 (Main Street) east to the Village line, on Route 45 (Main Street) from Route 59 north to Maple Avenue or on North Madison Avenue between Commerce Street and Maple Avenue and who fails to do so prior to 8:00 a.m. shall be guilty of a violation of § 226-27A(1) and shall be subject to a fine as follows:
[Added 8-16-2005 by L.L. No. 11-2005]
Nothing in this article shall be construed to
supersede the minimum standards contained in Part 19 of the State
Sanitary Code which shall govern when and where any provisions of
this article are found to be inconsistent with said standards.
Nothing contained in this article shall be construed
or interpreted to make the Village a party to any contract for refuse
removal.
