[HISTORY: Adopted by the Town Board of the Town of Binghamton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-1992 by L.L. No. 3-1992 (Ch. 26A, Art. I, of the 1969 Code); amended in its entirety 4-15-2003 by L.L. No. 1-2003]
By the adoption of this article the Town Board of the Town of Binghamton declares its intent to regulate, in a manner consistent with the interests of the citizens of the Town of Binghamton, the hauling of garbage, refuse, rubbish and similar waste materials from residential properties within the Town. The intent is to set forth regulations and procedures for the hauling of garbage, refuse, rubbish and similar waste materials from residential properties, to set forth the regulations and procedures by which authorized garbage haulers may obtain permits to conduct business in the Town and to set forth the penalties for violation of said regulations and procedures. Therefore, recognizing the above and the need of the community for an adequate and well-regulated procedure for the disposal of garbage, refuse and rubbish and in the exercise of its police power in these regards, the Town Board of the Town of Binghamton does hereby enact the following article.
As used in this article, the following terms shall have the meanings indicated:
- Includes but is not limited to waste food, papers, dead animals, or parts thereof, and all waste of discarded wood, lumber or vegetable matter of any kind or of any other matter which shall be flammable or capable of fermentation or decay.
- Includes an individual, society, club, firm, partnership, corporation or association of persons, and the singular number shall include the plural number.
- Includes, but is not limited to, waste material, tin, cans, ashes, cinders, grass, pottery and all discarded substances of a solid and combustible nature.
This article shall apply only to the hauling of garbage, refuse and rubbish and similar waste materials from residential properties located within the Town.
It shall be unlawful for any person, corporation, partnership and any other entity capable of being sued to act as a hauler of garbage, refuse and rubbish within the limits of the Town of Binghamton without first having obtained and paid for and having in force and effect a permit therefor. Each person applying for and receiving said permit shall be deemed to certify that they will comply with the rules and regulations herein and with the provisions of applicable law, including the Code of the Town of Binghamton generally.
Any person, corporation, partnership and any other entity desiring to procure a permit as herein provided shall file with the Assistant Administrator of Special Districts a written application upon a blank form provided by the Assistant Administrator of Special Districts and furnished by the Town. Such application shall give the number and kind of vehicles to be used by the applicant in carrying on the business of hauling garbage, refuse and rubbish; the name, address and age of the applicant; the name and address of the person, firm or corporation he represents; and such other information as may be required by the Assistant Administrator of Special Districts. In addition, upon applying for a permit, each hauler must provide the Assistant Administrator of Special Districts with a schedule of costs as detailed at § 184-11 herein.
Upon the filing of the application as provided in the preceding section, the Assistant Administrator of Special Districts shall, upon his approval of such application, issue to the applicant a permit as provided herein signed by the Assistant Administrator of Special Districts. Except as herein provided, no permit shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. A permit shall not be assignable. Any holder of such permit who allows it to be used by any other person, and any person who uses such permit granted to any other person, shall each be guilty of a violation of this article. Whenever a permit shall be lost or destroyed on the part of the holder or his agent or employee, a duplicate in lieu therefor under the original application may be issued by the Assistant Administrator of Special Districts upon the filing with him by the permittee of an affidavit setting forth the circumstances of the loss and what, if any, search has been made for its recovery. All permits shall be issued from a properly bound book with proper reference stubs kept for that purpose, numbered in the order in which they are issued and shall state clearly the kind of vehicle to be used, the kind of service to be rendered, the dates of issuance and expiration of the permit, the fee paid and the name and address of the permittee. Such permits shall automatically expire on January 31, following the date of issuance of such permits and each hauler must apply to renew said permit prior to said expiration. No permit shall be granted to a person under 18 years of age. No applicant to whom a permit has been refused or who has had a permit which has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection no longer exists.
The Assistant Administrator of Special Districts may supply vehicle plates to haulers of garbage, refuse and rubbish when in his/her determination they shall be deemed necessary. Such plates shall not be transferred or assigned. In the event that vehicle plates are issued, they shall be displayed by every permittee on each vehicle used by him in the exercise of his permit. Such vehicle plates shall state the character and number of the permit and the date of expiration. The display of the vehicle plates is hereby made a condition of every permit to which such plates apply, and failure by the permittee to display the vehicle plates as aforesaid, while in the exercise of his permit, shall be cause for the revocation of such permit. A charge as set by resolution of the Town Board may be made by the Assistant Administrator of Special Districts for such vehicle plates.
Any person who commits or allows any acts in violation of any of the provisions of this article shall be subject to a fine of not more than $250 or a term of imprisonment of not more than 15 days, or both, and shall additionally have his permit revoked upon the commission of a third violation. When a permit shall be revoked, no refund of any unearned portion of the permit fee shall be made.
In addition to the normal services provided to its residential customers within the Town, all haulers of garbage, refuse and rubbish shall provide the following additional services to their residential customers:
Picking up and hauling tires and batteries at a scheduled time at least twice a year.
Picking up and hauling away white goods at a prescheduled time at least twice a year.
Picking up and hauling away items of trash, including, among other things, couches, chairs and other furniture and household items at a prescheduled time four times a year.
Picking up and hauling away leaves, grass and bundled and/or bagged brush every week commencing April 15 of each year until the following November 15 of said year.
Upon applying for a permit with the Town, each hauler of garbage, refuse and rubbish shall provide a schedule of costs for the services provided to residential customers, including a cost breakdown for weekly services provided to said customers and a cost breakdown for any extra services provided to the customer, including the services listed at § 184-10 above. Said schedule of costs is to be provided to the Assistant Administrator of Special Districts upon application for a permit and each time a renewed permit is applied for. No increase in the schedule of costs shall be effective until a new schedule of costs is filed with the Assistant Administrator of Special Districts.