[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:
A.Â
Picking up and hauling tires and batteries at a scheduled
time at least twice a year.
B.Â
Picking up and hauling away white goods at a prescheduled
time at least twice a year.
C.Â
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.
D.Â
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.
