For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future; words in the plural number include the singular
number; and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
ASHES
The residue from the burning of wood, coal, coke or other
combustible materials.
COLLECTION VEHICLE
A vehicle designed, built and used for the purpose of collecting
refuse.
COLLECTION DISTRICT or DISPOSAL DISTRICT
The facility operated by the Town of Hempstead, a refuse
disposal district or a refuse and garbage district, excluding, however,
any sanitary district, for the collection or disposal, or both, of
garbage, ashes, rubbish and other existing solid waste matter.
COMMERCIAL AREA
Any area where business, industrial or light manufacturing
enterprises are located or operating, or any area not classified as
residential.
D.P.W.
Refers to the Town Commissioner of Sanitation or his Deputy
Commissioner or any other designated representative of the Town Commissioner
of Sanitation.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
GARBAGE
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, and readily
combustible material such as paper, cardboard, wood, excelsior, cloth,
food cans, glass or plastic food containers and bottles.
HOLIDAY
That day in which a holiday is officially celebrated and
recognized by the Town Board.
LITTER
Garbage, refuse or rubbish, as may be defined herein, and
other waste material which is thrown or deposited and which tends
to create a danger to the public health, safety and welfare.
OPERATE
To pick up, collect, load or otherwise perform collection
of refuse.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
REFUSE
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish and ashes.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting
of both combustible and noncombustible wastes, such as yard clippings,
metals, wood, glass, bedding, crockery and similar materials.
SANITARY DISTRICT
A district established pursuant to an act of the New York
State Legislature or pursuant to Chapter 273 of the Laws of 1939,
otherwise known as the Nassau County Civil Divisions Act.
SOLID WASTE
All material described as garbage, rubbish and ashes, as
previously defined.
TOWN
The unincorporated area of the Town of Hempstead.
WEED
A naturally propagated plant of no value and of rank growth
that tends to overgrow.
[Added 6-27-1989 by L.L. No. 58-1989, effective 7-3-1989]
Except as otherwise provided hereunder, D.P.W. shall collect
all refuse as often as possible during prescribed specified hours;
collection shall be made from receptacles when placed on or in front
of any premises at such accessible locations as shall be approved
by D.P.W., which shall have the right to omit collections from any
premises where a vicious dog is permitted to run at large or where
D.P.W. employees are subject to any unnecessary danger or hazard.
A. Residential.
(1) Collection from residential areas is restricted to the hours 6:30
a.m. to 6:30 p.m., Monday through Saturday, on scheduled days.
(2) All refuse shall be in a container commercially manufactured for
this purpose, not exceeding 45 gallons in size, having a tight-fitting
cover and a maximum filled weight of 75 pounds; except that garden
refuse and rubbish will be accepted in wooden boxes, baskets or pails
with handles.
[Amended 10-22-1996 by L.L. No. 64-1996, effective 10-28-1996]
(3) Quantities of refuse to be collected are limited as follows:
(a)
Garbage. The equivalent of two thirty-gallon containers each
scheduled collection day.
(b)
Rubbish. On the second and third collection days of each week
only, the equivalent of two thirty-gallon containers and no more than
six tied bundles of twigs or branches two feet by two feet by four
feet in length or six fifty-five-gallon plastic bags. Exception: on
the first scheduled collection day after a legal holiday, no rubbish
shall be collected, due to the double volume of garbage to be collected.
In rear-door collection areas, rubbish shall be collected at the curb
on designated rubbish days in volumes indicated herein. No rubbish
shall be collected in any week in which a legal holiday falls on Monday
through Friday inclusive of such week, due to the double volume of
garbage to be collected.
(c)
Ashes. Ashes must be thoroughly water-quenched and placed in
a fireproof metal receptacle weighing not more than 70 pounds filled,
and placed with rubbish for collection.
(d)
Christmas trees shall be placed at the curb area and shall be collected by regular collection or special collection during the month of January each year. Trees do not have to be cut to meet length requirement described in Subsection
(3)(b) above.
(e)
Leaves. Leaves shall be collected on the second and third collection
days of each week, except in holiday weeks, from the curb area of
all districts, when leaves are in containers suitable for handling
and placing of leaves in refuse truck.
(f)
Large household items. All large household items such as furniture,
refrigerators, etc., shall be collected from the curb area only and
by special vehicle, by appointment with D.P.W.
B. Commercial. The following restrictions apply to collection practices
of collection districts and are not to apply to private collection
operations unless otherwise prescribed in the chapter:
(1) Collection from commercial or business areas is restricted to the
hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday, on scheduled
days.
(2) All refuse shall be in a container commercially manufactured for
that purpose, not exceeding 30 gallons in size except as otherwise
prescribed hereunder, and having a tight-fitting cover, with a maximum
filled weight of 75 pounds.
(3) Quantities. The maximum amount of garbage and rubbish which will
be collected on each scheduled collection day is based on the size
of the building and as follows: The first 5,000 square feet, two thirty-gallon
containers or the equivalent; each additional 10,000 square feet or
fraction thereof, one additional thirty-gallon container or the equivalent.
Exclusions in the computations for determining volume shall be all
basements, rooms attached, sheds and other accessory use areas of
subject buildings, and other locations not primarily used in the conduct
of the commercial enterprise.
(a)
Exceptions as to maximum amounts. The computed maximum amounts
to be collected above shall not apply to buildings or use of buildings
as follows: schools, (private or public): fire-houses; houses of worship;
public libraries; veteran or fraternal organization buildings; Town
of Hempstead department or divisional buildings.
C. Prohibitions, restrictions and regulations.
(1) Use of barrels, drums, kegs, cardboard boxes or cloth bags for containing
garbage or rubbish is prohibited.
(2) No refuse shall be placed for collection before 7:00 p.m. on the
day prior to collection.
(3) Empty receptacles shall be removed from the curb area within three
hours after collection.
(4) Refuse receptacles shall be stored on property only on a location
adjacent to a principal or accessory use building, but in no event
shall such receptacle be stored forward of the front building line
of the principal structure.
(5) It shall henceforth be illegal for any person to construct, place
or build facilities for the storage of receptacles below property
grades (underground). The owners or occupants of such properties wherein
such underground receptacles have existed prior to January 1, 1963
shall be required to remove any such refuse receptacle from its underground
container prior to regular collection schedules. No containers shall
be serviced unless and until such receptacle has been removed from
its existing underground storage location.
(6) Receptacles shall not be placed for collection inside or within any
building, accessory use building or garage.
(7) No employee of D.P.W. in the course of his duties shall be required
to enter a building or structure to gather or collect any refuse.
No employee shall accept or receive any tip or gratuity for the performance
of this duties or solicit money for any purpose in connection therewith.
If the Town Clerk shall find from the statements contained in
the application that the applicant is qualified and able to conduct
the business of collection of refuse and similar material and conforms
to the provisions of this chapter and the rules and regulations adopted
hereunder, then the Town Clerk shall issue a license stating the name
and address of the applicant, the number of collection vehicles the
applicant is authorized to operate, and the date of the issuance thereof,
which license shall be for the calendar year in which the license
is issued.
The Town Clerk, when issuing a license, shall also issue a metal
vehicle license for each collection vehicle, which shall be firmly
affixed on the left-hand side of each vehicle near the cab thereof.
Upon the sale, dissolution, suspension or discontinuance, whether
voluntary or involuntary, of the business of a licensee, it shall
be the duty of such licensee to forthwith surrender to the Town Clerk
the license issued to him, together with all plates issued thereunder.
Each vehicle licensed pursuant to this chapter shall have on
the outside of each door of the cab the name and address of the licensee
in letters not less than four inches in height either painted thereon
or otherwise securely affixed thereto.
[Amended 3-9-2004 by L.L. No. 25-2004, effective 3-22-2004]
A. Each application for a license as herein provided shall be accompanied
by a fee of $550 for an owner's license, to cover the cost of investigation,
which fee is not returnable.
B. For each vehicle licensed, the fees shall be as follows:
(1) When approved: $220, per vehicle.
(2) Upon renewal of license: $220, per vehicle.
(3) For substitution of a vehicle: $110.
(4) For a lost medallion: $55.
The Committee shall have the following powers and functions:
A. Make rules for the conduct of the Committee's business.
B. Meet from time to time at a time and place designated by the Chairman.
C. Keep minutes of Committee proceedings.
D. Conduct informal meetings, forums, workshops and seminars on the
subject of waste removal.
E. Assist the Town Board in the drafting of legislation concerning private
collection by waste removal dealers.
F. Act as an advisory board on appeals of decisions rendered by the
Town Clerk which denied, suspended or revoked an application for a
license.
[Repealed 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
G. Recommend maximum prices, charges or fees allowable for private collection
from commercial establishments within the Town.
H. Recommend the manner of performing the removal of waste material
from commercial establishments.
I. Act as mediator in any controversy or issue that may arise among
or between waste removal dealers operating within the Town.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
A. The holder of any license which has been suspended or revoked and
any applicant who shall have been denied a license under this chapter
may apply for a review of the action of the Town Clerk as hereinafter
provided:
(1) The application for review shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Town Clerk was erroneous.
(2) Said application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his application by the Town
Clerk has been mailed to him or delivered to him in person.
(3) Upon the filing of the application, a hearing shall be held thereon, pursuant to the provisions of §
128-20 hereof.
(4) At the hearing, as hereinafter provided, the Review Board shall consider
the applicant's application upon the record before the Town Clerk
in connection with the Town Clerk's consideration thereof and, in
its discretion, may receive new or additional evidence in support
thereof or in opposition thereto.
B. The Review Board, after the hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper license, pursuant
to this chapter.
[Amended 9-14-1976 by L.L. No. 65-1976, effective 9-20-1976]
Whenever it shall be provided herein that a hearing shall or
may be held with respect to any matter:
A. The hearing shall be held on a date, at a place and hour designated
by the Supervisor.
B. The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days prior to said hearing.
C. If an applicant or licensee requests a hearing, the Supervisor shall
designate two or more members of the Town Board to conduct said hearing
as a Review Board.
D. The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to
the subject matter of the hearing.
E. All witnesses shall be sworn and examined under oath.