[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.]
[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]
(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:
A motor vehicle which is mechanically inoperable due to age,
deterioration or damage and has no economic value except for salvage
or junk.
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.
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.
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.
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.
