[Adopted 10-22-1991 by L.L. No. 1-1991]
[Amended 11-20-2017 by L.L. No. 6-2017]
A.
In the interest of the public health, safety and general welfare
of its residents, the Board of Trustees has deemed it necessary to
regulate and license individuals and firms that provide for the collection
and disposal of residents' solid waste in the Village.
B.
The objective of this article is to establish licensing procedures
and promulgate regulations and standards applicable to the collection
and disposal of solid waste generated and collected from Village residents
as shall be deemed necessary by the Board of Trustees to carry out
the provisions of this article for the benefit of the public good,
the betterment of the environment and for the protection and preservation
of the Village's public and private roads and infrastructure.
For the purpose of this article, the following
definitions shall apply:
The Board of Trustees of the Incorporated Village of Upper
Brookville.
Any person who operates, conducts or supervises a business
engaged in the collection, removal and disposal of solid waste.
A vehicle solely designed, built and used for the purpose
of collecting solid waste, with a manufacturer's capacity equal
to or less than 16.5 cubic yards, completely enclosed with a watertight
body, and solid accessory doors that are required to be closed during
travel on public highways. "Collection vehicle" shall not include
a standard or modified pickup truck, dump truck or Perkins-type satellite
collection unit.
[Amended 11-20-2017 by L.L. No. 6-2017]
Any person who is employed by or otherwise acts on behalf
of a carter in the operation of its business, either on a full-time
or part-time basis.
Includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food and
other household wastes, excluding recyclables.
To pick up, collect, load or otherwise perform the collection
of solid waste or the supervision or direction of such activities.
Any person, firm, partnership, joint venture, association,
corporation, company or organization of any kind.
Includes solid or liquid waste resulting from industrial
processes and manufacturing operations, such as, but not limited to,
food processing waste, waste oil or grease or automobile parts; volatile
or explosive materials, such as gasoline, benzine, kerosene, turpentine,
cartridges, shells, ammunition or gunpowder; and such other material
as may be designated by resolution of the Board of Trustees.
Includes newsprint, metal, glass and plastic containers used
for food products and such other materials as shall be designated
by resolution of the Board of Trustees.
Includes nonputrescible solid wastes (excluding ashes), such
as leaves, grass, plant clippings, weeds, branches, limbs, metal,
wood, glass, bedding, crockery and similar materials and such other
materials as may be designated by resolution of the Board of Trustees.
Includes all material classified as "garbage," "rubbish,"
"trash" and "recyclables," as defined herein, excluding prohibited
material.
Includes such bulk articles as appliances, furniture, bed
springs, mattresses and building materials.
It shall be a violation of this article:
A.
For any carter to operate, engage in, conduct or supervise
service to any property in the Village without having a current, valid
license issued pursuant to this article and such other municipal permits
as required by law.
B.
For any carter or carter's employee to engage in the
collection or disposal of solid waste in the Village without being
registered pursuant to this article.
C.
For any person to fail to abide by any rules and regulations
set forth herein or hereinafter adopted by the Board of Trustees in
furtherance of this article.
D.
For any carter to operate or employ equipment for the collection
of solid waste in the Village that is not registered and licensed
pursuant to this article.
[Added 11-20-2017 by L.L.
No. 6-2017]
A.
Application. Every carter who does business within
the Village shall file a written, verified application with the Village
Clerk on the forms provided.
B.
Application form. The application shall contain:
(1)
The name and address of the applicant. If a partnership,
the names and addresses of each general or limited partner or, in
the case of a corporation, the officers and directors and the names
and addresses of each shareholder holding 10% or more of the stock
of the corporation shall be provided. For the purpose of this article,
the term "applicant" shall apply to all of the above, and each party
shall provide all information required of an applicant.
(2)
If the applicant conducts business under a trade name
or if the applicant is a partnership, it shall be so noted on the
application, which 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)
Manner and method of handling recyclables.
[Amended 11-20-2017 by L.L. No. 6-2017]
(4)
The carting experience of the applicant.
(5)
Two references from individuals knowing the applicant
for more than two years.
(6)
The number of collection vehicles to be operated by
the applicant. A description of each vehicle, including the ownership
of the vehicle, the current New York State registration number and
the area in which the vehicle will operate.
(7)
The size, capacity, and gross vehicle weight for each collection
vehicle that will operate in the Village.
[Amended 11-20-2017 by L.L. No. 6-2017]
(8)
The location of the terminal proposed to be used by the applicant
for the storage of licensed vehicles.
(9)
The applicant's proposed route and pickup schedule in the Village.
(10)
The maximum monthly rate charged to a Village resident.
[Amended 11-20-2017 by L.L. No. 6-2017]
(11)
The standard monthly rate available to all Village residents
shall be listed and shall be based upon:
[Amended 11-20-2017 by L.L. No. 6-2017]
(a)
Two pickups per week.
(b)
Back-door service.
(c)
Average driveway of 400 feet in length and unimpeded access
to trash containers. For longer driveways, an incremental factor may
be quoted.
(d)
Collection of two standard thirty-gallon containers per pickup,
with an average weight of 35 pounds per container.
(e)
Additional quotation on special pickups for miscellaneous trash
and rubbish, such as disposable old refrigerators, washers, furniture,
leaves, grass clippings, manure, building material, ashes, etc.
(f)
The standard monthly and maximum monthly rates will be deemed
public information and posted on the Village's website.
(12)
A license shall not be issued to an applicant unless the Board
of Trustees or its designated representative is satisfied that:
[Amended 11-20-2017 by L.L. No. 6-2017]
(a)
The name, address and telephone number, both day and night,
of the applicant or the person in charge of the business has been
provided.
(b)
The hours and days each collection vehicle will operate within
the Village.
(c)
A list of accounts with names and address to be serviced in
the Village.
(d)
The form of contract to be provided to Village residents, if
any, which has been approved by the Village.
(13)
Any other relevant information the Village may require.
[Amended 11-20-2017 by L.L. No. 6-2017]
A.
Period. Every license issued shall be effective the
first day of January, or such subsequent day of issuance, and shall
expire on the 31st day of December next succeeding, unless suspended
or revoked by the Village Board of Trustees.
B.
Renewal.
(1)
A license may be renewed upon filing a renewal application
with the Village Clerk and payment of the appropriate renewal fee,
provided that there is full compliance with all rules, regulations
and provisions of this article and there are no existing, unremedied
violations of this article or rules and regulations. The renewal application
shall reaffirm all information on the original application to be correct
and accurate.
(2)
Any change in the daily route, pickup schedule or
customer pricing shall be reported, in writing, to the Village Clerk
30 days before the effective date, except that where change is due
to factors beyond the control of carters, then reasonable notice shall
be given to the Village Clerk.
C.
Fees. The Village Clerk shall charge and collect fees for the initial license and for the annual renewal of a license as set forth in § 112-7 of Chapter 112, Fees and Deposits, which may be amended from time to time as to fee amounts and other factors, including capacity of the collection vehicles used, by resolution of the Board of Trustees.
[Amended 9-19-2000 by L.L. No. 1-2000; 11-20-2017 by L.L. No. 6-2017]
A license shall not be issued to an applicant
unless the Board of Trustees or its designated representative is satisfied
that:
A.
The Board of Trustees, in compliance with the requirements
herein, may deny, suspend or revoke a license for the following grounds:
(1)
False statement or willful and knowing misrepresentation
made in a license application.
(2)
Failure to comply with any lawful order or notice
issued by the Village or the Old Brookville Police Department.
(3)
Repetitive or material violation of the provisions of this article
or rules and regulations promulgated hereunder.
[Amended 11-20-2017 by L.L. No. 6-2017]
(4)
Failure to correct any deficiencies in equipment,
procedures or operations within 30 days of receipt of notice from
the Village.
(5)
The conviction of an applicant of a criminal offense
subject to the applicable provisions of the Correction Law.
(6)
The failure or refusal, without reasonable cause,
to collect a Village resident's solid waste, except in a situation
where a contract has been lawfully terminated, or to provide carting
service to any residence requesting service in the Village at the
stated price in its application. A resident's failure to promptly
pay monthly charges or failure to comply with recycling legislation
shall presumptively be reasonable cause to refuse service.
(7)
Failure to properly dispose of solid waste or recyclables
at the Glen Cove incinerator or any other site approved by the Village
for disposal of these materials.
(8)
Failure to reasonably fulfill his obligations to a
Village customer.
(9)
Insolvency or a general assignment for the benefit
of creditors or adjudication as a bankruptcy, or where a money judgment
has been secured against him, upon which an execution has been returned
wholly or partly unsatisfied.
(10)
Upon ceasing business operations for which a
license was previously issued.
B.
Upon revocation, suspension or the expiration of a
license, any license issued hereunder shall be surrendered to the
Village Clerk.
In the event of any sale or change of ownership
of a licensee or of any capital stock of a corporate licensee, the
licensee must notify the Village Clerk of such change at least three
days prior to such sale or change.
A.
Before a license may be issued or thereafter renewed
by the Village Clerk, each applicant shall file with the Village Clerk
certificates of insurance coverage that the following insurance coverage
is in full force and effect during the term of the license:
B.
The Board of Trustees may, by resolution, increase
the required insurance policy limits.
Every licensee shall keep complete and accurate
books of account with respect to the operation of his business. All
such records shall be retained by the licensee for at least three
years and be available for inspection by the Village.
[Amended 11-20-2017 by L.L. No. 6-2017]
The Village Clerk, when issuing a license, shall also issue
a vehicle sticker or placard for each collection vehicle. This vehicle
sticker or placard shall be firmly affixed on the driver's side
of each vehicle on the cab near the window. The sticker or placard
shall contain the license number and Village initials. Collection
vehicles without an official Village sticker may not operate in the
Village.
Each licensed collection vehicle 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
or otherwise securely affixed.
Upon the sale, dissolution, suspension or discontinuance,
whether voluntary or involuntary, of the business of a license, it
shall be the duty of the licensee to notify the Village Clerk and
surrender the license and any stickers or placards to the Clerk.
A.
In the event of the sale, transfer or assignment of
the right, title and interest of a licensed collection vehicle, the
seller, transferor or assignor shall be required to surrender the
license to the Village 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 that the new owner, transferee or assignee
of the vehicle desires to have said license reissued in his name,
he shall file an application in the manner provided herein.
A.
The holder of any license which has been suspended
or revoked, and any applicant who shall have been denied a license
under this article, may petition the Board of Trustees to review its
determination as hereinafter provided:
(1)
The petition for review shall be in writing, signed
and acknowledged by the applicant or licensee, and shall state the
ground or grounds on which the petitioner claims that the determination
was improper or illegal.
(2)
Said petition shall be filed with the Village Clerk
within 20 days after notification of denial, revocation or suspension
has been mailed to him or delivered to him in person.
B.
The Board of Trustees, after public hearing and receipt
of the review board recommendation, may affirm its action or direct
the Village Clerk to issue a license pursuant to this article.
A.
A hearing required herein shall be held on the date,
place and hour designated by the Mayor.
B.
The Village Clerk shall give notice, stating the name
and address of the petitioner, the subject matter of the hearing and
the date, place and hour designated, by mailing a copy to the petitioner
at the address shown upon the most recent application at least 10
days prior to said hearing.
C.
The Mayor shall designate two or more members of the
Village Board of Trustees to conduct said hearing as a review board.
D.
The petitioner shall be entitled to be represented
by legal counsel and to present such competent and material testimony
or other evidence on his own behalf as may be relevant to the subject
matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
F.
At the hearing, the review board shall consider the
petition and, in its discretion, may receive new or additional evidence
in support or in opposition to the petition.
G.
The review board shall submit its recommendation to
the Board of Trustees.
A.
It shall be unlawful to dispose of any solid waste
collected within the Village at any facility other than that so designated
by the Board of Trustees.
B.
Collection vehicles shall operate only between the
hours of 7:00 a.m. and 5:00 p.m., Mondays through Saturdays, excluding
holidays, or as otherwise provided.
C.
No collection whatsoever shall be made on Sundays
or the following holidays: New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
D.
The cargo portion of collection vehicles shall be
completely enclosed and watertight.
E.
Collections are to be made in such manner as not to
permit solid waste to fall upon property, public or private, or upon
any highway within the Village.
F.
Transfers, such as satellite transfers, may not be made on any public
or private highway within the Village.
[Amended 11-20-2017 by L.L. No. 6-2017]
G.
All accessory doors, including the main loading door, shall be closed
in travel on public and private highways.
[Amended 11-20-2017 by L.L. No. 6-2017]
H.
Collection vehicles shall be subject to inspection at any time by
authorized representatives of the Village or the Old Brookville Police
Department for the purpose of enforcement of this article.
[Amended 11-20-2017 by L.L. No. 6-2017]
I.
Collection vehicles shall be kept clean and sanitary both inside
and out.
[Added 11-20-2017 by L.L.
No. 6-2017]
The Board of Trustees, after a duly noticed
public hearing, may promulgate rules, regulations and standards to
ensure the quality, efficiency and effectiveness of the enforcement,
interpretation and implementation of this article.
Notwithstanding the payment of any license fee,
the issuance of any license or inspection and approval by the Village,
the Village, including its agents and employees, shall be under no
obligation whatsoever concerning the adequacy, operation or maintenance
of a carting business or of its service to Village residents, nor
does it assume any liability whatsoever for the actions of any carter.
[Added 9-19-2000 by L.L.
No. 1-2000; amended 11-20-2017 by L.L. No. 6-2017]
Violations of this article as provided herein shall be punishable
as follows:
A.
For a first violation, by a penalty of not less than $250, nor more
than $1,500, for each such violation.
B.
For a second violation within a one-year period, by a penalty of
not less than $500, nor more than $3,000, for each such violation.
C.
For a third and any subsequent violation within a one-year period,
by a penalty of not less than $2,500, nor more than $10,000, for each
such violation.
