[Added 4-13-2010 by G.O. 2-2010]
A.
The Commissioner of Public Works shall designate a site for the disposal
of leaves, clippings, tree limbs and other organic waste by professional
gardeners and landscapers holding a valid license as required by this
chapter. Said gardeners or landscapers may use such site only if they
have applied for and received an access permit for such disposal.
Said permit will be issued by and on a form prescribed by the Director.
A decal shall be affixed and displayed on the fender of each commercial
vehicle owned or leased by the professional gardener or landscaper
and which vehicle is used to convey leaves, clippings, tree limbs
or other organic waste. No inorganic material or other material deemed
improper by the Commissioner of the Department of Public Works shall
be disposed of at the site.
[Amended 6-10-2014 by G.O. No. 4-2014]
B.
No vehicle owned or leased by any professional gardener or landscaper with a capacity greater than five cubic yards will be permitted on any site designated by the Commissioner of Public Works. The City of Yonkers retains the right to examine the vehicle and the fill and to refuse entry to the site by any vehicle containing inorganic material or any other unacceptable fill material or for any other valid reason. In the event the City determines that a vehicle is disposing of unacceptable fill material, the City may order the driver and/or access permit holder to cease operations and to remove the fill he/she has already disposed of at the site. In addition, the access permit holder may be subject to the revocation or suspension of his permit subject to § 31-223 of this article. In addition, the access permit holder and his servants, agents, independent contractors and employees may be subject to the penalties as provided for in § 31-225.
C.
The permits are issued annually by the Office of Licensing and will
be valid from April 1 through January 15 of the following year. No
vehicles will be permitted on the site between January 16 and March
31 unless the Commissioner of Public Works has declared the site open
to vehicles for dumping purposes. Permits for the upcoming year will
be issued by the Office of Licensing commencing the first Monday in
March.
It is a violation of Article IV of Chapter 91 of the City Code to dispose of garbage, refuse and waste material in the City of Yonkers except as allowed therein. However, no person shall throw, place or deposit or permit or allow any person under his control or in his employment to throw, place or deposit any garbage, refuse (organic or inorganic), rubbish or waste material on the City sidewalks or streets or property in the City of Yonkers except in accordance with the provisions of the City Code of the City of Yonkers. A violation of this section shall be treated as a violation of § 91-38 of the City Code and accorded the same penalties.
The Director may refuse to issue or revoke or suspend any permit
issued pursuant to this chapter for good cause shown, such as, but
not limited to, fraud, misrepresentation, or bribery in securing a
permit or license, or the making of a false statement in any application
for a permit or license, or for being an untrustworthy person or not
of good character, or having business transactions marked by the failure
to perform its contracts or by fraud or bad faith or by violation
of any section of the Yonkers City Code or New York state law.
The permit issued pursuant to this chapter or a photocopy thereof
signed by the licensee shall at all times be in the possession of
the person carrying waste to the site.
