[HISTORY: Adopted by the Town Board of the Town of Frankfort 8-4-1992 by L.L. No.
2-1992. Amendments noted where applicable.]
It is the intent of this chapter to protect and promote the
health, safety and welfare of the inhabitants of the Town of Frankfort
by regulating and controlling the collection and disposal of solid
waste within the Town of Frankfort.
A.
BUSINESS OF COLLECTION OF SOLID WASTE
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who hauls, carries or takes away solid waste from
the premises of another person for disposal.
B.
All other terms not specifically defined in this chapter shall have
the meanings ascribed to them by the New York State Solid Waste Management
Facilities regulation, 6 NYCRR 360 ("Part 360").
[Amended 4-24-2014 by L.L. No. 1-2014; 4-23-2015 by L.L. No. 1-2015]
No person shall engage in the business of collecting or disposing
of solid waste within the Town of Frankfort without first obtaining
a license from the Town Code Enforcement Officer of the Town of Frankfort.
A.
The term "business of collection of solid waste" shall include any
person who, incidental to his occupation, hauls, carries or takes
away solid waste from the premises of another person for disposal.
Any person desiring to engage in the business of collecting or disposing
of solid waste shall make application to the Town Code Enforcement
Officer of the Town of Frankfort setting forth his name, address,
the name under which such business is to be conducted, a statement
of convictions, if any, and the number and kinds of vehicles to be
used in the business.
[Amended 4-24-2014 by L.L. No. 1-2014; 4-23-2015 by L.L. No. 1-2015]
B.
Each applicant for such license shall provide the following information:
(1)
The name and address of the applicant and of all persons having a
financial interest in the business.
(2)
A brief description of the vehicle, including the manufacturer, factory
number, type of body (for example, tank, enclosed pickup, packer,
van and so forth), weight of the vehicle unladen, the maximum load
to be carried, the vehicle license plate number and the New York State
registration number.
[Amended 4-24-2014 by L.L. No. 1-2014; 4-23-2015 by L.L. No. 1-2015]
(3)
The area or areas served by the vehicle.
(4)
The location where the vehicle is stored or garaged when not in use.
(5)
The place or places where the applicant shall dispose of the solid
waste collected and the manner of disposal.
(6)
Whether the applicant or any of the persons having a financial interest
in the business has ever been convicted of a felony or misdemeanor
or has ever had an operator's license revoked or suspended in
this or any other state.
(7)
Proof of financial responsibility in the event of injury to persons
or property by reason of the negligent operation of any vehicle used
in the business.
C.
The Town Board may require any additional information it may deem
necessary from an individual applicant as is necessary to administer
the regulations enumerated in this chapter.
[Amended 4-24-2014 by L.L. No. 1-2014; 4-23-2015 by L.L. No. 1-2015]
The fee for such license shall be $50 for each year or portion
thereof to which said license applies. Such license shall entitle
the holder thereof to operate and maintain waste collection vehicles
in the business of collecting and disposing of solid waste. The fee
shall accompany the application for the license.
[Amended 4-24-2014 by L.L. No. 1-2014; 4-23-2015 by L.L. No. 1-2015]
Each motor vehicle or truck maintained or operated in the business
of solid waste collection and disposal must have the license issued
by the Town Code Enforcement Officer, for each motor vehicle or truck,
affixed to it in a conspicuous place on said motor vehicle or truck.
Such license shall be effective from the first day of January
or from the date when issued until the 31st day of December of the
same year and may be renewed in the month of December for the succeeding
year and shall be subject to the same conditions as the original license.
No license issued under this chapter shall be transferable.
Any license issued pursuant to § 50-4 of this chapter may be suspended or revoked by the Town Board after notice to the applicant and a hearing where one or more of the following grounds exist:
A.
The applicant has not been found to be fit, willing and able to properly
perform the service proposed, and the applicant is unable to provide
sufficient and suitable equipment to meet the requirements of the
business.
B.
Issuance of the license is deemed not to be in the best interests
of the town or its residents.
C.
The applicant has failed and refused, without reasonable cause, to
collect and dispose of material except in a situation where a contract
between the applicant and his customer has been lawfully terminated.
D.
The applicant has failed to account for or pay, without reasonable
cause, any fees or bills due to the town.
E.
The applicant has failed to reasonably fulfill his obligations to
a customer as a commercial solid waste collector.
F.
The applicant is insolvent or has made a general assignment for the
benefit of creditors or has been adjudged bankrupt or a money judgment
has been secured against him, upon which an execution has been returned
wholly or partly unsatisfied.
G.
The applicant has failed to keep and maintain any records required
by the town or has refused to allow the inspection thereof.
H.
The applicant has violated any of the provisions of this chapter
or has failed to comply with any of the requirements stipulated herein.
I.
The applicant ceased to operate as a commercial collector, for which
a license was previously issued.
J.
The applicant has made a willful false statement in his license application.
K.
The circumstances of the applicant have been altered to the extent
that the applicant would not be qualified to obtain a license if the
circumstances as altered existed at the time the applicant had applied
for the license. Failure of the applicant to notify the town in writing
of such an alteration in circumstances shall likewise constitute grounds
for revocation or refusal to recommend.
L.
The applicant has been adjudicated by a body of competent jurisdiction
to have disposed of solid waste at a solid waste management facility
within the town in violation of applicable state or federal laws regulating
the disposal of hazardous or toxic solid wastes.
M.
The applicant has been found to have violated any of the posted rules
pertaining to safe operation of the town-owned and/or maintained public
disposal facilities.
N.
A licensed transporter of solid waste in the Town of Frankfort failed
to comply with the weight limits on roads and bridges in the Town
of Frankfort.
A.
Any vehicle used for the collection, transportation or disposal of
solid waste shall:
(1)
Be so equipped as to prevent leakage of its contents.
(2)
Be watertight and so covered that no part of the load shall blow,
leak or spill.
(3)
Be available for inspection by duly authorized agents of the Town
of Frankfort prior to and after the issuance of a license pursuant
to this chapter.
(4)
Display the name of the company owning the vehicle upon the body
of the vehicle.
B.
All licensed transporters shall remove and clean any solid waste
spilled upon any public or private road or property within the Town
of Frankfort from any vehicle of any licensed transporter carrying
solid waste to a solid waste management facility and shall have equipment
and personnel available at all times for such cleaning and removal.
C.
No licensed transporter of solid waste in the town shall park his
vehicle along any road in the town prior to the solid waste having
been removed from such vehicle.
A.
No person shall collect, store, accumulate, throw, cast, deposit
or dispose of or cause or permit to be collected, stored, accumulated,
thrown, cast, deposited or disposed of any solid waste upon any premises
or upon any street, highway, sidewalk or public place within the Town
of Frankfort except when authorized by the Town Board.
B.
Nothing contained herein shall be construed so as to prevent:
(1)
The temporary accumulation of solid waste by a resident of the town
upon premises occupied by him, to the extent that such accumulation
is ordinary and necessary for his personal household requirements.
(2)
The disposal of solid waste at any solid waste management facility
maintained or authorized by the Town of Frankfort.
(3)
The proper use of receptacles placed upon the streets or other public
places in the Town of Frankfort for the depositing of solid waste;
provided, however, that such public receptacles shall not be used
for the deposit of accumulated household garbage.
A.
In addition to any action taken or which may be taken by the Codes
Enforcement Officer, the Town Board reserves the right to suspend
or revoke permission for use of the solid waste management facility
upon adjudication and finding by a body with competent jurisdiction
of a breach of any of the provisions of this chapter or commission
of any crime or violation of the Penal Law or other statute involving
the use or attempted use of the solid waste management facility; provided,
however, that prior to taking such action, the Town Board shall hold
a public hearing on not less than 10 days' notice, by certified
mail, to the offender's last known address, and if no address
is known, by actual service of notice, if possible, or if personal
service is not possible, on not less than 10 days' notice by
publication in the official newspaper of the Town of Frankfort.
B.
Any person committing an offense against any provision of this chapter
shall, upon adjudication and conviction by a body with competent jurisdiction,
be guilty of a violation punishable by a fine not exceeding $25,000
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
C.
Any person, upon adjudication and finding by a body with competent
jurisdiction, of committing an offense against this chapter shall
be subject to a civil penalty enforceable and collectible by the town
in the amount not to exceed $1,000.
D.
In addition to the above-provided penalties, the Town Board may also
maintain an action or proceeding in the name of the town in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of this chapter.
All local laws or ordinances or parts thereof inconsistent herewith
are hereby repealed except that such repeal shall not affect the validity
of any criminal prosecution, civil action or proceeding or administrative
proceeding commenced or pending.
