Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees the Village of Dundee: Art. I, 5-13-1975 by L.L. No. 1-1975 as Ch. 20 of the 1975 Village of Dundee Municipal Code; Art. II, 5-13-1975 by L.L. No. 1-1975 as Ch. 75 of the 1975 Village of Dundee Municipal Code. Sections 75-2B(2)(a), 75-4, 75-8 and 75-12 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 81.
Streets and sidewalks — See Ch. 112.
[Adopted 5-13-1975 by L.L. No. 1-1975 as Ch. 20 of the 1975 Village of Dundee Municipal Code]
It shall be unlawful for any person to operate a private garbage or refuse removal service within the Village of Dundee without a license as hereinafter provided.
A. 
Application. Application for a disposal service license shall be made in writing to the Village Clerk and shall be issued by the licensing officer upon approval of such application and payment of the required annual fee.
B. 
Conditions.
(1) 
Assumption of liability. As a condition to the issuance of a license under this Article, all private garbage or rubbish removal services shall assume all liability for injury to person or property growing out of performance of the work required and shall agree to indemnify and save harmless the Village of Dundee from all demands, claims, suits and actions on account of any injury or alleged injury to persons or property that may occur in the performance of the work or on account of any act or omission or alleged act or omission of the private garbage or rubbish removal services, its agents, servants or employees.
(2) 
Insurance.
(a) 
As a condition to the issuance of a license under this Article, all private garbage or rubbish removal services shall procure, at its own expense, an automobile liability insurance policy and a general public liability insurance policy in which it is the named insured with policy limits as follows:[1]
[1] 
For bodily injury, combined single limit coverage: $300,000.
[2] 
For property damage: $300,000 per occurrence and $300,000 aggregate.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II.
(b) 
Said liability insurance policies shall insure the private garbage or rubbish removal services against any and all claims, demands, causes of action and judgments which may arise in any manner whatsoever, out of the collection and disposal of garbage, for damages to person or property caused by the negligence of the private garbage or rubbish removal services, its agents, servants or employees.
(c) 
Certificates of insurance shall be filed with the Village Clerk which shall be revocable only on 10 days' notice in writing. It is understood that the collection and disposal of garbage under this Article shall be performed under the direction of and to the satisfaction of the Village of Dundee, and as a condition to the issuance of a license under this Article all private garbage or rubbish removal services must agree to comply with all reasonable regulations of the Village of Dundee relating to the collection and disposal of garbage and to comply with all the laws of the State of New York relating to the collection and disposal of garbage.
C. 
Fee. All private garbage or rubbish removal services shall pay to the Village Clerk an annual fee of $25 at the time of submitting the application.
A. 
Equipment. All collection of garbage and rubbish shall be made in modern, enclosed, watertight vehicles, which vehicles shall be kept in proper condition and repair, properly painted and marked "DISPOSAL SERVICE."
B. 
Operation. Garbage vehicles shall be kept covered at all times when transporting garbage except that they may be left uncovered in the street in which garbage is actually being collected to such extent as may be reasonably necessary to facilitate the loading of garbage.
[Amended 5-23-1989 by L.L. No. 2-1989; 11-28-2006 by L.L. No. 12-2006]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of a minimum of $25 up to the maximum penalty of $250 or by imprisonment for not more than 15 days, or both.
[Adopted 5-13-1975 by L.L. No. 1-1975 as Ch. 75 of the 1975 Village of Dundee Municipal Code]
A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants and the safeguarding of their material rights against unwarrantable invasion, and in addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Village of Dundee and the general welfare of its citizens. The unrestrained accumulation of old, abandoned, unusable and inoperable motor vehicles, appliances, machinery, rubbish, trash and other discarded material is a hazard to such health, safety and welfare of the citizens of the Village of Dundee, necessitating the regulation, restraint and elimination thereof. Likewise, the improper disposal of garbage is a hand to such health, safety and welfare.
As used in this Article, unless the context of subject matter otherwise requires, the following terms shall have the meanings indicated:
ABANDONED MOTOR VEHICLE
A motor vehicle which is mechanically inoperable due to age, deterioration or damage and has no economic value except for salvage or junk.
DISCARDED MATERIAL
Any item, thing or object which is no longer suitable for use as it was originally manufactured or designed and has no practical economic value except for salvage or junk.
GARBAGE
Includes waste food, vegetable matter of any kind or any other matter which shall be capable of fermentation or decay or which shall give off an odor.
OLD, ABANDONED, UNUSABLE AND INOPERABLE APPLIANCES AND PIECES OF MACHINERY
Any appliance or piece of machinery which is mechanically inoperable due to age, deterioration or damage and has little or no economic value except for salvage or junk. Any appliance or piece of machinery which is stored outside, exposed to the elements for a period of one week or more shall be conclusively presumed to be an "old, abandoned, unusable and inoperable appliance or piece of machinery" for the purposes of this Article.
RUBBISH or TRASH
All cardboard, plastic, used metal or glass food containers, wastepaper, rags, wood, plastic, rubber, leather or metal objects that are broken or unusable for any practical economic purpose and similar waste materials which may accumulate from any household, farm, commercial or industrial operation.
The Zoning Officer of the Village of Dundee shall be the enforcement officer of this Article.
[Amended 5-23-1989 by L.L. No. 2-1989]
The open storage of one operable, unregistered motor vehicle shall be allowed, but the open storage of any abandoned, junked, discarded or inoperable motor vehicle is prohibited except by special permit. Licensed commercial establishments involving the sale or repair of motor vehicles shall be exempt. To "openly store" shall mean not enclosed in an opaque, permanent structure.
In case anyone shall not comply with the provisions of § 75-8, the enforcement officer shall give written notice in person or by certified mail to the owner or other person having control of any property in the Village on which such property is stored. Such notice shall provide that the owner or other person in possession or control shall remove the same within 10 days or such lesser period of time as determined by the Zoning Officer from the receipt of such notice. Failure to comply with the notice within the time specified shall constitute a violation punishable as hereinafter provided.
[Amended 6-23-1992]
No person shall dump, throw or deposit any refuse, rubbish, trash or debris in any receptacle without the authority to do so, with the intent to avoid paying for garbage carrier service, or maintain any premises within the Village of Dundee for the disposal of any refuse, debris, garbage, junk, motors, household appliances, secondhand material or trash, on either public or private property in the Village of Dundee.
The Board of Trustees may establish a public dumping ground or grounds within the Village of Dundee for the use of the inhabitants of this Village. The Board of Trustees may, by resolution, designate the rules and regulations for the operation and use of such facilities. Any person who shall violate any of such rules and regulations may be punished as hereinafter provided.
[Amended 5-23-1989 by L.L. No. 2-1989; 11-28-2006 by L.L. No. 12-2006]
Any person violating any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of a minimum of $25 up to the maximum penalty of $250 or by imprisonment for not more than 15 days, or both.