[Adopted 11-6-1961 (Ch. 43 of the 1980 Code)]
This article shall be known as the "Garbage
and Rubbish Ordinance of the Town of Wheatland, Monroe County, New
York."
The purpose of this article shall be to protect
and promote the health, safety and welfare of the people of the Town
of Wheatland, Monroe County, New York, by controlling and regulating
the collection, transportation and disposal of garbage and rubbish
within the Town of Wheatland, Monroe County, New York.
As used in this article, the following terms
shall have the meanings indicated:
GARBAGE
Includes waste food, papers, dead animals or parts thereof
and all waste or discarded wood, lumber or vegetable matter of any
kind, or any other matter which shall be inflammable or capable of
fermentation, evaporation or decay.
PERSON
Includes any individual, society, club, firm, partnership,
corporation or association, and the singular number shall include
the plural number.
RUBBISH
Includes waste metal, tin cans, ashes, cinders, glass, pottery
and all discarded substances of a solid and incombustible nature.
No person shall engage in the business of the
collection, transportation and disposal of garbage and rubbish, as
defined in this article, within the Town of Wheatland, Monroe County,
New York, without first obtaining a license for that purpose, to be
issued by the Town Clerk as herein provided.
[Amended 7-10-1980; 2-1-2007 by L.L. No. 1-2007]
Application for each such license, accompanied
by such fee as established by resolution of the Town Board and set
forth in the Schedule of Fees, shall be made to the Town Clerk, who
shall issue the same, subject to the following conditions and such
other conditions as may, from time to time, be imposed by the Town
Board:
A. Any vehicles used by a licensee hereunder shall be
available for inspection by the Town Clerk or any other person or
persons designated by said Clerk for that purpose, to determine that
each such vehicle is equipped with an enclosed body of watertight
construction and, upon demand by said Clerk or designee, the applicant
shall furnish a statement in writing to that effect from the manufacturer
or installer of said equipment or by some other qualified person.
B. As a part of each application or by a separate instrument
in writing each applicant shall represent that he has and will maintain
minimum liability insurance coverage upon each vehicle operating or
to be operated under said license in amounts of $500,000 for one person
and $1,000,000 for two or more persons for personal injuries, and
$100,000 for property damage arising out of any single accident.
C. Upon approval of the application and payment of the
fee therefor, the Town Clerk shall issue the license, and at the same
time shall furnish to the licensee a metal plate for each vehicle
then or thereafter to be operated under the terms of said license,
on which shall be clearly inscribed the official number of such license,
with the words "Town of Wheatland, Garbage and Rubbish Collection
License," and which shall be affixed to a conspicuous and permanent
part of each such vehicle. In addition to the license fee herein provided,
each licensee shall pay to the Town Clerk the reasonable cost of supplying
each such metal plate.
D. Notwithstanding any provisions to the contrary herein,
any licensee hereunder shall be entitled to use one service truck
which shall also have affixed thereto the metal plate required by
the preceding subsection.
E. Any license issued hereunder shall be for a term not
longer than the first day of January next succeeding the date of issuance
thereof and shall not be transferable.
F. Renewal licenses shall be issued in the same manner
and subject to the same conditions as those governing original applications
and also subject to such other and additional requirements as may
then be in force.
G. The Town Board shall have the power to suspend or
revoke any license or renewal thereof issued pursuant to this article
for failure to comply with any of the terms and conditions of this
or any other section of this article and such other and additional
requirements as may be in force at the time of any such failure to
comply.
No person shall transport garbage or rubbish
within the area of the Town of Wheatland, regardless of the place
of origin, in any vehicle or receptacles unless they shall be so equipped,
covered and watertight to prevent the leakage or spillage of any of
their contents.
[Amended 1-19-1967; 7-10-80 by L.L. No. 3-1980]
Any person, firm or corporation committing an
offense against any provision of this article shall be punishable
as provided by the general penalty provisions of the Town of Wheatland.
[Adopted 8-8-1991 (Ch. 80, Art. I, of the
1980 Code)]
This article shall be known as the "Solid Waste
Management Ordinance."
The Town Board of Wheatland finds that:
A. Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed resource facilities.
B. The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require that solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
This article is adopted pursuant to Chapter
541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of
1980 of the State of New York, as amended, in order to:
A. Institute a plan for the management of recyclable
materials generated or originated in the Town of Wheatland to promote
the safety, health and well-being of persons and property within the
Town of Wheatland.
B. Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
The definitions under this article shall be the definitions set forth in the Solid Waste Reuse and Recycling Law of the County of Monroe. (See the
Appendix of Definitions at the end of this chapter.)
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.