[Adopted 9-14-1993 by L.L. No. 6-1993; amended in its entirety 1-11-2011 by L.L. No. 1-2011]
A. 
The Town of Stony Point recognizes that different standards are required in the issuance of licenses to carters who are involved in residential carting and commercial carting. The Town of Stony Point finds that the need to establish current standards for such permits to protect the health, safety and welfare of Town residents is important in recognition of injuries and damages caused throughout Rockland County within the past years in which particularly residential carters have operated vehicles in a manner which has resulted in severe injury and even death as well as damage to property.
B. 
The intention of the Town Board of the Town of Stony Point by the adoption of this article is to define the differences between residential and commercial carting permits and the requirement that all applicants provide documentation that they have no less than 100 committed or current customers. In order to renew any residential permit, residential carters are required to provide documentation that it maintains one-hundred-committed-or-current-customer minimum. It is the purpose of this article to protect the interests of the taxpayers of the Town by only having residential carters with a verifiable record of providing safe and responsive service to residents.
This article shall apply to all persons, firms, corporations and all other entities removing, transporting and disposing of solid waste generated within the boundaries of the Town of Stony Point and explicitly applies to the private disposal of solid waste by those generating the same as well as to the disposal of solid waste by commercial operators, but compliance with this article shall not be deemed to supersede or otherwise be a substitute for compliance with the regulation, transportation and/or disposal of hazardous waste, where another governmental agency or authority mandates specific compliance, permits or other requirements in conjunction with such activity.
A. 
For the purposes of this article, the definitions set forth in § 182-20 of Article IV of this chapter shall be applicable.
B. 
Applicants for residential carting permits for the Town of Stony Point shall provide evidence satisfactory to the Town Clerk as follows:
(1) 
Compliance with all provisions of § 182-3 of Article I of this chapter;
(2) 
Copies of any pending criminal or civil pleadings or proceedings against any applicant or employee of any applicant concerning carting or collection activities;
(3) 
Copies of any prior civil judgments or convictions for causes of action or offenses brought against any applicant or employee of any applicant concerning carting or collection activities;
(4) 
Proof satisfactory to the Town Clerk that all motor vehicles listed in the application have passed all New York State safety requirements to be transported over and upon Town roads as determined by the Highway Superintendent for the Town after reviewing the measurements of the vehicle and a review of the Town roads upon which the applicant seeks to undertake carting activities;
(5) 
That the applicant provides a copy of any and all contracts to be utilized for any residence and that no provisions of the contract shall require the forfeiture of any monies by any Town residents for services not provided by the applicant.
(6) 
A list containing the names and addresses as well as a copy of any current contracts listing no less than 100 current or committed residential customers residing in the Town.
C. 
Applicants for commercial carting permits for the Town of Stony Point shall provide evidence satisfactory to the Town Clerk as follows:
(1) 
All information required for residential carting permits as more fully set forth in Subsection B of § 182-26 herein.
No person, firm or corporation shall engage in carting services within the Town of Stony Point, unless a permit therefor, as hereinafter prescribed, issued by the Town Clerk of the Town of Stony Point, is in full force and effect and such permit is prominently displayed by affixing same to the authorized vehicle so as to be readily visible from the exterior thereof.
A. 
Application(s) for such permit shall be made to the Town Clerk of the Town of Stony Point by the owner of the vehicle (or lessee if leased vehicle), in writing, upon forms to be furnished by said Town Clerk, which forms shall contain the owner's name and address, the vehicle identification numbers for the vehicles in use, the New York State license numbers attached thereto and such additional information as the Town Clerk shall require. The Town Clerk may require such documents and information as may be reasonably necessary to verify the facts stated in such application.
B. 
The applicant shall, at the time of the filing of his application, pay a permit fee of $50.
C. 
If such application(s) shall be approved by the Town Clerk, a permit shall be issued by the Town Clerk to the applicant.
D. 
Such permit shall expire on the last calendar day of each year, irrespective of the date of application and issuance of the permit, and shall be in such form as the Town Clerk shall prescribe.
E. 
Such permit shall not be transferable to another owner/operator.
A. 
The Town Board may, following a hearing before such Town Board, revoke the permit granted to any person, firm or corporation under the authority of this article or any other law, ordinance, rule or regulation relating to solid waste, for good cause shown.
B. 
In addition to any other penalties that may be invoked under this chapter, any person, firm or corporation violating any of the provisions of this article shall be guilty of a violation punishable as follows:
(1) 
Up to $2,500 or by imprisonment not to exceed 15 days, or both, for the first offense.
(2) 
Up to $5,000 or by imprisonment not to exceed 15 days, or both, for the second offense.
(3) 
Up to $10,000 or by imprisonment not to exceed 15 days, or both, for the third and subsequent offenses.
C. 
In addition to the above-provided penalties and punishment, the Town Board may also maintain an action in the name of the Town in any court of competent jurisdiction to compel compliance with, restrain by injunction the violation of this article, or seek recovery of costs fees, uncompensated damages to Town or public property, or appropriate legal fees, professional fees, expert fees or other costs and fees incurred by the Town as a result of the violator's conduct.
D. 
Any person who takes part in or assists in any the commission of any violation of this article shall also be subject to the penalties provided herein.