[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 1-7-1929. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Waste animal or vegetable matter, decayed or subject to decay,
and all kitchen refuse.
Garbage, when offered or exposed for removal
from any place in the Village, shall be thoroughly wrapped in paper
and shall be placed in covered metal containers.
[Amended 6-16-1953; 5-8-1973; 6-14-1988 by L.L. No. 1-1988]
No person shall transport garbage, ashes or
other waste material for hire until such person shall have procured
a license so to do and until such person shall have entered a bond
in the penal sum of $100 executed by himself and by sureties to be
approved by the Mayor, running to the Village, conditional that he
will obey all lawful orders and rules and conditions relative to such
business. In addition thereto, a license fee as set by resolution
of the Village Board of Trustees from time to time per vehicle used
for such transporting shall be paid. Said vehicle license fee shall
be paid monthly in advance to the Village Clerk.
A.
The Clerk shall cause to be prepared and procured
suitable license placards for this purpose, consecutively numbered,
one of which shall be issued to each person licensed hereunder and
which shall at all times be securely attached to and displayed upon
the vehicle used by the person licensed in such business, and a register
of such person so licensed, with the license number issued, shall
be kept by the Clerk.
B.
Such license shall be valid until and including March
31 following the date of its issue and shall not be transferable.
Each vehicle used by any person in any such work shall be separately
licensed. Such license may be revoked at any time.
A.
No person shall deposit any garbage, ashes, earth
or waste material at any place within this Village without the permission
of the owner of the premises and in such manner and under such conditions
as shall be prescribed by such owner.
[Amended 6-14-1988 by L.L. No. 1-1988]
B.
No person shall deposit any garbage, ashes, earth,
stone, wood, lumber, metal or waste matter of any kind in or at any
part or place between the banks of the watercourse or creek known
as "Dry Brook."
[Added 8-6-1934]
No person, whether for hire or otherwise, shall
transport any garbage, ashes or other waste material within the Village,
except in a vehicle so constructed that none of the materials therein
shall escape therefrom in the transportation, and such vehicle, as
to such construction, shall be subject to the approval of the Street
Committee of the Board of Trustees of the Village.
[Amended 6-16-1953; 5-8-1973; 5-14-1985 by L.L. No. 4-1985]
A.
Penalties.
[Amended 6-14-1988 by L.L. No. 1-1988; 9-23-2008 by L.L. No.
1-2008]
(1)
Any person violating any of the provisions of this
chapter shall be subject to a penalty of:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this chapter, a subsequent conviction will be subject
to a first offense fine.
B.
The authority for these penalties is § 20-2006,
Subdivision 3, of the Village Law of the State of New York, § 1.20,
Subdivision 39, of the Criminal Procedure Law of the State of New
York and § 70.20, Subdivision 4, of the Penal Law of the
State of New York.
