[HISTORY: Adopted by the Town Board of the Town of Deerpark 3-8-1984 by L.L. No. 1-1984. Amendments noted where applicable.]
Littering and dumping — See Ch. 162.
As used in this chapter, the following terms shall have the meanings indicated:
- Covered metal or heavy duty plastic not exceeding 24 inches in diameter and 36 inches in height, or a heavy duty plastic liner or sack, suitable for such purpose: to contain garbage or refuse.
- Includes all waste, vegetable animal or other matter, liquid or solid, likely to ferment or decompose and produce noxious odors or become injurious to the public health.
- Includes trash and litter whether or not combustible, consisting of but not limited to paper and paper products; wood and wood products not exceeding two inches in diameter and 36 feet long; metal and metal products; glass and glass products; ashes; dust and dirt; rock; concrete and other mineral waste; sweepings; grass; leaves and yard trimmings or any and all other discarded objects and materials; provided, however, that refuse shall not include earth and waste from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations.
Garbage and refuse which cannot be formed into a bundle shall be placed in a container for collection.
Refuse, containing no garbage, compacted and securely tied in a bundle not exceeding 18 x 18 x 36 inches may be placed for collection as such. The number of bundles shall be limited to five per pickup.
In no event shall the combined weight of a container and its contents nor a bundle or refuse exceed 50 pounds.
The containers shall be kept and maintained by their owners in suitable condition to permit safe handling by the collector.
No person, firm or corporation shall place or fill, or cause or permit to be placed or filled a container or refuse bundle in such a manner that such container or bundle shall rupture, overflow, spill or scatter any parts of its contents.
Any spillage or scattering of garbage or refuse, out of a container or bundle, caused by any means other than the fault or neglect of the collector, shall be collected by the person who set out such containers or bundle and lawfully disposed of by such person.
Containers of garbage and refuse and refuse bundles shall be set out for collection by the occupant of the premises, contiguous to a route along which such collection is made. In all cases, such containers and bundles shall be set out for collection at the roadside or yard.
Such containers and bundles shall be set out not earlier than 7 p.m. of the preceding day, and not later than 11 p.m. of same. Containers shall be removed from the roadside within a reasonable time following such emptying and in no event later than 6 p.m. of the collection day.
No person, firm or corporation shall collect, transport or dispose of garbage, refuse or any other waste whatsoever, without first obtaining a permit therefor as provided in this chapter.
Any person, firm or corporation desiring on and after the effective date hereof to collect, transport or dispose of garbage, refuse or other waste material shall file with the Town Clerk an application for a permit therefor in such form and detail as the Town Board shall prescribe.
The Highway Superintendent or his representative shall inspect the equipment intended by the applicant to be employed in such occupation. If satisfied as to the adequacy and propriety of such equipment he shall endorse his approval thereon.
Upon presentation of such application so approved and payment of the annual fee provided in Subsection D of this section to the Town Clerk, a permit shall be issued which shall expire on the 31st day of December not succeeding the date of its issuance to the applicant.
The fee for a permit issued or reissued hereunder entitling a person, firm or corporation engaged in commercial garbage collection shall be $100 annually.
A permit shall be furnished to the permittee who shall display the same on the front bumper of his vehicle at all times while same is in use in the transporting of garbage, refuse, or waste within the Town of Deerpark.
Clean ashes, cinders, sand, gravel or soil deposited on real property by or for the owner or occupant thereof for fill, grading or landscaping purposes, shall not be deemed to be refuse or waste.
No person shall engage in alley or rag picking, sorting or salvaging or otherwise scavenging in any container of garbage or refuse or refuse bundle or otherwise disturbing the contents thereof.
The driver of any vehicle engaged in the collection, transportation or disposal of garbage, refuse, or waste shall fully cover all such garbage, refuse or waste while loaded on such vehicle with a suitable covering material and shall not permit any part of such load to fall from such truck except upon its lawful disposal.
Any collector who shall have caused spillage of the contents of a container or refuse bundle or from whose vehicle garbage, refuse, or waste shall have fallen shall gather up such spillage or fallen material and place it properly in such vehicle.
The owner of such vehicle shall immediately following the disposition of the last daily load of garbage, refuse or waste, clean the cargo bed thereof and place same in sanitary condition.
The Town Board shall be and is hereby authorized to regulate the cost of the permits. Any modification of same shall be made by resolution of the Board and shall take effect immediately.
The Town Board is hereby empowered to fix and regulate the maximum fees charged to Town residents for garbage collection by commercial garbage collectors within the Town. Set fees shall be established by the resolution of the Town Board and may be modified on 30 days' written notice to the licensed collectors within the Town.
Any person who violates any provision of this chapter shall be guilty of a violation and upon conviction thereof, shall be fined not more than $250. Each commission of a single act prohibited by this article shall constitute a separate violation hereof and each day of such violation shall constitute a separate offense, punishable as such.
The Town Board may revoke any permit granted and issued hereunder or suspend the same for such period as the Board may deem proper for any violation by the permittee of any provision at this chapter, or for a material misstatement in his application for such permit and shall afford the permittee the opportunity to request a hearing thereof.