[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 3-10-2009 by L.L. No. 1-2009[1]. Amendments noted where applicable.]
A.
The Board of Trustees of the Incorporated Village of Muttontown hereby
determines that there is a significant amount of recyclable material
present in the solid waste generated in the Village that could be
removed by its residents. The recovery and reuse of such recyclable
material will reduce the amount of solid waste conventionally disposed
of by providing an environmentally acceptable disposal alternative.
Recycling will reduce the demand for increasingly unavailable landfill
areas and protect the health, safety and welfare of its residents
by promoting prudent disposal programs essential for the protection
of the environment.
B.
The Board of Trustees has determined that the mandatory separation
of designated recyclables from the solid waste stream generated within
the Village will foster maximum environmental and economic benefits
with the minimum inconvenience to its residents and property owners.
The Board of Trustees has further determined that an integral element
of this recycling program shall be the reservation of the authority
to adopt appropriate rules and regulations, including the right to
designate or delete the type of material which shall be recycled,
the manner, means and method of separation, the method of storage,
collection and disposal of recyclables and the prohibition of certain
designated materials.
C.
This article shall be construed to regulate the separation and disposal
of recyclable materials in accordance with and pursuant to the New
York State Solid Waste Management Plan as currently enacted and as
hereafter amended and shall be liberally construed to effectuate the
purposes set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
All other solid waste generated by the Village other than
prohibited materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous or toxic substances or that
are not suitable for residential disposal and which will not be collected
or permitted to be placed in recyclable containers as set forth in
the rules and regulations.
Discarded solid waste material which may be reclaimed and
is in the form of paper, glass, metals and plastics.
Specific types of recyclable materials as shall be designated
by the Board of Trustees pursuant to rules and regulations adopted
hereunder.
Rules and regulations which are duly adopted by the Board
of Trustees at a public meeting.
The owner, lessee or occupant of every dwelling within the Village
shall separate and dispose of recyclables as follows:
A.
Prior to collection, all recyclables shall be processed and cleaned,
with all contents removed, in accordance with the rules and regulations.
B.
Recyclables shall be placed in an approved color-coded container
which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms
of solid waste.
C.
Newsprint shall be bundled and securely tied with a string or placed
in a brown paper bag.
D.
Recyclables shall be collected on a periodic basis and properly disposed
of at a suitable processing center.
Containers for the purpose of collecting and storing recyclables
will be initially provided by the Village to every dwelling. Such
containers will remain the property of the Village and must be kept
clean and in good condition. Recycling containers are not to be used
for any purpose other than as described herein and in accordance with
the rules and regulations. In the event that such containers are lost,
damaged or stolen, additional equivalent containers must be provided
by the property owner at his own expense.
The schedule and applicable procedures for the collection of
recyclables by independent carters shall be provided, in writing,
to each property owner in the Village who is serviced by said carter.
Each property owner shall be responsible to comply with said schedule
and procedures.
A.
It shall be unlawful and a violation of this article for any person
to:
(1)
Place or cause to be placed or permit any material, other than a
designated recyclable, to be placed in an approved recyclable container;
(2)
Permit or allow or knowingly fail to separate and prepare recyclables
for collection in accordance with the provision of this article. After
providing five days' written notice sent certified mail, return
receipt requested, to the occupant of a dwelling, a private carter
or the municipality may refuse to collect said solid waste from any
dwelling where a violation of this article exists;
(3)
Collect or cause to be collected recyclables which are in violation
of this article; or
(4)
Permit or allow or cause to occur a violation of any rules and regulations
promulgated hereunder and duly adopted by resolution of the Board
of Trustees.
B.
Presumption. Any property owner upon whose land solid waste is left
for collection or storage in such a manner as to be in violation of
this article shall be deemed and presumed to be the person who shall
have placed or deposited such solid waste on the property.
A.
Any person found to violate any provision of this article or rules
and regulations promulgated hereunder shall be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. Each day that such
violation exists shall constitute a separate offense.
B.
The Board of Trustees is further authorized, upon written notice
mailed to the property owner at the owner's last known address,
as shown in the Village records, to direct the removal of solid waste
in violation of this article. The cost of said removal, together with
interest, shall become a special assessment on the property where
the material is removed, collectible with the next tax bill due. This
remedy is in addition to all other remedies available to the Village
to remedy the violation.
It shall be the duty of the Village Building Inspector, Code
Enforcement Officer, Police Department and any other individual designated
by the Board of Trustees and they shall have the power, right and
authority to enforce the provisions of this article and issue appearance
tickets for violations.
The Board of Trustees is empowered and authorized to promulgate
and establish, by resolution, any rules and regulations which are
necessary and proper to implement and administer the provisions of
this article.
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 the collection and disposal of solid waste in
the Village. In furtherance of this policy, the Board of Trustees
deems it reasonable and proper to exercise the appropriate degree
of municipal supervision and control over the collection and disposal
of solid waste generated from the Village in order to prevent danger
to public health and injury to public welfare.
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.
For the purpose of this article, the following definitions shall
apply:
The Board of Trustees of the Incorporated Village of Muttontown.
Any person who operates, conducts or supervises a business
engaged in the collection, removal and disposal of solid waste.
A vehicle designed, built and used for the purpose of collecting
solid waste.
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.
The Incorporated Village of Muttontown.
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.
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)
The age and citizenship of the applicant.
(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 approximate tonnage each collection vehicle will handle per day.
(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 standard monthly rate available to all Village residents
shall be listed and shall be based upon:
(a)
Number of weekly pickups provided, i.e., one, two or three pickups
per week.
(b)
Average driveway of 400 feet in length and unimpeded access
to trash containers. For longer driveways an incremental factor may
be quoted.
(c)
Collection of two standard thirty-gallon containers per pickup,
with an average weight of 35 pounds per container.
(d)
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.
(11)
The name, address and telephone number, both day and night,
of the applicant or the person in charge of the business.
(12)
The hours and days each collection vehicle will operate within
the Village.
(13)
Any other relevant information the Village Clerk may require.
(14)
The name, address, social security number and date of birth
of all employees to be employed by the applicant and the driver's
license number and type of license of each driver who will operate
any of the applicant's vehicles in the Village of Muttontown.
(15)
Two individual photographs of each officer and director, if
a corporation, or each partner or sole proprietor and every employee
who will work in the Village, taken within 30 days prior to the date
of the application, 1 1/2 inches by 1 1/2 inches in size,
which must be a true likeness of the applicant.
C.
Fingerprinting. The applicant and any employee may be fingerprinted
under the direction and supervision of the Police Chief, if so directed
by the Board of Trustees.
D.
Police investigation. The Village Clerk shall refer the application
to the Old Brookville Police Department for investigation and report
thereon.
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.
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 flagrant violation of the provisions of this article
or rules and regulations promulgated hereunder.
(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 bankrupt, or where a money judgment has been secured
against him/her, 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.
C.
Within 10 days of termination of an employee's employment with
a carter, an employee shall surrender his identification card to the
Village Clerk.
All capital stock of a corporate licensee shall be issued only
to and in the name of the true owner. A person shall not hold stock
in a corporate licensee, directly or indirectly, for the use or benefit
of another person.
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 shall, by resolution, determine 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.
The Village Clerk, when issuing a license, shall also issue
a vehicle sticker for each collection vehicle. This vehicle sticker
shall be firmly affixed on the driver's side of each vehicle
on the cab near the window. The sticker shall contain the license
number and Village initials.
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 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/she 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/her or delivered to him/her 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
in 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 this 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 within the Village
at any location other than that so designated by the Board of Trustees
or at a facility which the licensee has been authorized to use.
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.
Collection vehicles which do not transport garbage to a refuse facility
may be of an open refuse type, provided that such vehicle is fitted
with suitable canvas or other cover to prohibit any material being
discharged while the vehicle is in transit.
F.
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.
G.
All accessory doors, including the main loading door, shall be closed
in travel on public highways unless the vehicle is engaged in servicing
customers on said highway.
H.
Collection vehicles shall be subject to inspection at any time by
authorized representatives of the Village, Old Brookville Police Department
or Nassau County police for the purpose of enforcement of this article.
I.
Collection vehicles shall be kept clean and sanitary both inside
and out.
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.
Any person who violates or fails to comply with this article
shall commit a violation as defined in the New York State Penal Law
which shall be punishable in the Village Justice Court by a fine of
up to $250 or a term of imprisonment of up to 15 days, or both, for
each such violation.
