No person shall engage in the business of collecting
garbage, refuse or rubbish within the Town either for himself or herself
or for and on behalf of any other person directly or indirectly as
agent, employee, or otherwise, without first obtaining a license therefor
and paying the fees as hereinafter provided.
In addition to the information required by §
182-1 of this Code, each applicant shall furnish under oath the following information:
A. That the applicant is over 18 years of age.
B. Description of vehicles he or she intends to use for
the purpose of conducting his or her garbage disposal business.
C. The place where he or she intends to store or garage
such vehicle.
D. The number of employees he or she intends to engage.
[Amended 8-28-1990 by L.L. No. 3-1990]
All vehicles used for garbage, refuse and rubbish
disposal by persons applying for a license hereunder shall contain
all metal, completely enclosed bodies, which are leakproof, preferably
of the "packer" type. No application shall be considered complete
unless the said application contains a statement from the Town Health
Officer or the Town Code Enforcement Officer that the vehicle or vehicles
to be used for garbage, refuse and rubbish disposal have been inspected
by the Town Health Officer or the Town Code Enforcement Officer, and
are found to be in compliance with this chapter.
Any license issued pursuant to this article
shall not be assigned or otherwise disposed of without the consent
and approval of the Town Board.
Every license issued by the Town Clerk pursuant
to this chapter shall be subject to the following conditions:
A. Vehicles used by licensed refuse collectors in the collection and transportation of refuse in the Town of Fallsburg shall have a fully enclosed carrier-body to prevent the escape of noxious odors or contents as provided in §
250-12.
B. Licensees shall be allowed for dry refuse collection
open body type transportation which shall be equipped with eye hooks,
cleats or other type hold-fast facilities fixed to sides and ends
of the vehicle and with a tarpaulin or other approved cover to prevent
blowing off, spilling or scattering of the same along the route of
haul.
C. The vehicles used by licensees shall be subject to
inspection by the Town Code Enforcement Officer, to insure that there
is compliance with this chapter as to the type of vehicle and the
existence of a license on the vehicle.
[Amended 8-28-1990 by L.L. No. 3-1990]
D. All trucks must have minimum liability insurance coverage
as required by the State of New York for motor vehicle registration.
E. Licensees shall collect garbage, refuse and rubbish
and shrubs when tied in bundles or placed in containers; also, dirt
and sod in reasonable amounts from normal yard cleanup and clippings
when in containers, plus household wares, large appliances and furniture.
F. No collection work shall be made on Sundays, or holidays,
with the exception of commercial establishments.
G. No applicant shall be eligible for a license if any
person in interest, whether as an individual, owner, officer or director
of a corporation or partner shall have been convicted of a felony.
H. Any changes in ownership in an individual officer,
stockholders or directors of a corporation, where the license is not
affected, must be reported to the Town Clerk within five days. Said
changes must be approved by the Town Clerk.
I. Each licensee shall conform with all rules and regulations
of the operator of the designated landfill site.
J. Licensees shall not mix any dangerous, harmful or
deleterious substances with ordinary ashes, garbage, rubbish, refuse
or trash and shall be responsible for separating any such substances
from their loads prior to trucking such material outside the Town
limits.
K. Licensees shall arrange their loads to the fullest
extent possible so that such loads are acceptable for disposal in
the designated landfill site.
L. Violation of any of the foregoing regulations or any
other provision of this chapter shall be cause for revocation of the
license of any collector holding a license hereunder. The Town Board
shall have power to revoke any such license for cause shown after
public hearing thereon, at which the licensee shall have an opportunity
to be heard on 10 days' written notice to the licensee, specifying
the nature of the violation, the complaint of said violation being
in writing and signed by the complainant.