[Amended 4-30-1985; 1-13-1987; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
No person who is in the business of collecting, transporting
and/or disposing of solid waste shall remove any solid waste from
the premises of any person or cart or transport the same through or
upon any street, avenue, parkway or highway within the Town unless
he shall have obtained a permit from the Town Clerk as well as a permit,
if required, pursuant to the provisions of the Public Health Ordinance
of the Nassau County Department of Health. Every permittee shall have
agreed to conform to any rules and regulations established by the
Commissioner of Sanitation and to provide additional information pertaining
to the collection, transportation and/or disposal of solid waste within
the Town as the Commissioner of Sanitation or the Town Clerk may reasonably
require.
[Amended 4-30-1985; 1-13-1987; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
Such permits shall be classified "Type I" permits, "Type II"
permits and "Type III" permits, depending upon the type of business
engaged in by the applicant. The final determination as to whether
an applicant qualifies for a Type I. Type II or Type III permit shall
be made by the Town Clerk in consultation with the Commissioner of
Sanitation.
A.
Type I permits. Applicants whose sole or primary business involves
the collection, transportation and/or disposal of solid waste generated
by others will require a Type I permit. Such businesses include but
are not limited to private carting companies, companies and businesses
that provide roll-off and/or dumpster service.
B.
Type II permits. Applicants who are engaged in the collection, transportation
and/or disposal of solid waste only as an accessory to their business
qualify for a Type II permit. Such businesses include but are not
limited to landscaping businesses, home improvement companies and
private businesses and individuals who collect, transport and/or dispose
of self-generated solid waste.
C.
Type III permits:
(1)
Any municipality other than the Town of Oyster Bay that collects,
transports and/or disposes of solid waste in municipally owned or
leased and operated vehicles shall qualify for a Type III permit.
For the purpose of this section "municipality" shall include the federal
or state government or agency thereof, any municipal corporation,
school district, district corporation or improvement district whose
jurisdiction lies within the confines of the Town of Oyster Bay.
(2)
Charitable, fraternal and religious organizations which maintain
established meeting places within the incorporated or unincorporated
areas of the Town of Oyster Bay shall also qualify for a Type III
permit.
[Amended 4-30-1985; 1-13-1987]
Every applicant shall file a written verified application with the Town Clerk on forms provided for that purpose verifying the following information. Unless otherwise specified, all provisions of § 201-21 apply to applications for Type I, Type II and Type III permits.
[Amended 4-30-1985; 1-13-1987]
Application form to provide:
A.
The name and address of the applicant specifying in the case of any
unincorporated association, the names and addresses of each member
thereof, and, in the case of any corporation, the names and addresses
of each officer and director thereof.
B.
If the applicant conducts business under a trade name or if the applicant
is a partnership, the application for a permit must be accompanied
by a copy of the trade name or partnership certificate duly certified
by the Clerk of the county in whose office the certificate is filed.
C.
The age and citizenship of the applicant and each member thereof,
if an unincorporated association, and each director and officer thereof,
if a corporation.
D.
The experience of the applicant and each member thereof, if an unincorporated
association, and each director and officer thereof, if a corporation,
in the business of collection, transportation and/or disposal of solid
waste material. This requirement shall only apply to applications
for a Type I permit.
E.
The number of collection vehicles to be operated by the applicant
and a description of each such vehicle, including the ownership of
the vehicle, the make, year, model of chassis and body type, the cubic
capacity or tare weight and color of vehicle and the current New York
State registration number.
F.
The approximate volume and tonnage each vehicle will handle per day.
G.
The location of any and all terminals proposed to be used by the
applicant for the storage of permitted vehicles.
H.
The applicant's proposed daily route for each area to be serviced
in the town. Such route description is to include a listing of all
incorporated and unincorporated areas to be serviced within the town,
together with a description of the street boundaries for each area
to be serviced. Within 30 days of occurrence, any changes in the daily
route shall be reported, in writing, to the Town Clerk. This requirement
will only apply to applications for a Type I permit.
I.
The name, address and telephone number, both day and night, of the
applicant or the person in charge of the business.
J.
The hours and days each vehicle will operate within the Town.
K.
A statement as to whether the applicant or a member thereof, if an
unincorporated association or, if a corporation, any director, officer
or stockholder thereof, has a record of a prior conviction or convictions
for a crime other than a traffic offense, and if so an explanation
of the nature of such conviction or convictions.
L.
A complete list of the names and addresses of all employees of the
applicant as of the date of application. This requirement will only
apply to applications for a Type I permit.
M.
A notarized statement as to whether the applicant has engaged in
any recycling activities within the twelve-month period preceding
February 1 of the year of application and if so a description of the
materials recycled and the amounts of each type of material recycled.
N.
An affirmation of knowledge of the requirement that all recycling
participants must source-separate recyclable materials within the
Town Solid Waste Disposal District.
[Added 7-26-2005 by L.L. No. 5-2005]
O.
Any other relevant information the Town Clerk may require.
[Added 7-26-2005 by L.L. No. 5-2005]
[Amended 4-30-1985; 1-13-1987]
A.
Change of ownership. In the event of any change of ownership of a
corporate permittee, the permittee of record must notify the Town
Clerk in writing of such change within three days after such change
occurs.
B.
Insurance. Before a permit may be issued by the Town Clerk, each
applicant shall file with the Town Clerk proof of the following insurance
coverage consisting of a certificate of the insurance carrier:
[Amended 4-30-1985; 1-28-1986; 1-13-1987]
A.
Before a permit may be issued by the Town Clerk, each applicant shall
place a cash deposit or bond in an amount equal to 200% of the highest
monthly charge for use of the Town solid waste disposal complex by
the applicant during the previous 12 months, but if the applicant
has not used the Town solid waste disposal complex during the past
12 months, the cash deposit or bond shall be in the amount of 200%
of the estimated monthly charges to be incurred by the applicant during
the current year. Notwithstanding the foregoing, the minimum cash
deposit or bond shall be in the amount of $3,000 for a Type I permit
and $250 for a Type II permit. No deposit will be required from applicants
for Type III permits; applicants for Type I cesspool cleaning and
removal permits; and veterinarians who apply for Type II permits.
[Amended 3-12-1991 by L.L. No. 1-1991]
B.
In the event that a permittee fails to make payment for all Town
disposal charges within 10 days after such charges are billed, the
Town Comptroller may deduct the amount of such charges from the cash
deposit to be applied against all amounts then due and owing for use
of Town disposal facilities.
C.
At no time shall any accumulated Town disposal charges exceed the
cash deposit or bond maintained by the permittee. If such condition
occurs, credit privileges shall be suspended until the Town is paid
and/or an additional cash deposit or bond as specified by the Comptroller
is provided by the permittee.
D.
The cash deposit or bond shall at all times be maintained by each
permittee in the amount hereinbefore specified; and upon the failure
of any permittee to maintain said deposit after three days' notice
and demand therefor, the Town Clerk may forthwith suspend the permit
of any such permittee. In addition, for any violation of this section,
such permittee shall be subject to suspension or revocation of his
permit and all other penalties provided herein.
[Amended 4-30-1985; 1-13-1987]
A.
Every permittee shall keep complete and accurate books of account
with respect to the operation of his business in which shall be entered
and shall show, among other things, all income derived or received
from each of his customers and/or other sources, together with details
of all expense and disbursements made or incurred in the operation
of his business. Such books of account shall be kept current on a
monthly or quarterly basis and brought up to date not later than 30
days after the expiration of such period. All such records shall be
retained by the permittee for at least three years.
B.
Every permittee shall keep and maintain records regarding the amounts
of collection, processing, and disposal of recyclable materials (by
weight) collected from customers and other sources. Such records shall
be kept current on an annual basis and shall be brought up to date
not later than February 1 of each year. All such records shall be
retained by the permittee for at least three years and may be subject
to inspection by the Commissioner of Sanitation or his designee.
[Added 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
[Amended 4-30-1985; 1-13-1987]
The Town shall have the right to inspect books of account and
records maintained by the permittee.
[Amended 4-30-1985; 1-13-1987; 12-19-1989; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
Every person holding a waste removal permit on or after the
effective date of this section is subject to any and all laws, ordinances,
rules and regulations which govern the operations of the permittee,
including but not limited to providing such additional information
pertaining to solid waste collection, transportation and disposal
practices and operations from time to time as the Town Clerk or Commissioner
of Sanitation may reasonably require. A written verified statement
verifying such information shall be filed with the Town Clerk within
30 days after a notice requesting such information has been mailed
to the permittee at his last known address.
Every permittee, as a condition of the issuance and maintenance
of a waste removal permit, shall have agreed to collect, transport
and deliver source-separated recyclable materials generated by any
of his customers who have been designated as recycling participants.
Such recyclable materials shall be delivered in accordance with the
terms and conditions established by the Commissioner of Sanitation.
[1]
Editor's Note: This ordinance repealed former § 201-27,
Existing permits, as amended.
[Amended 4-30-1985; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
No person shall clean any cesspool or remove the contents thereof
or cart or transport the same upon or through any street, avenue,
parkway or highway in the Town unless he shall have first obtained
a Type 1 permit from the Town Clerk and shall have agreed to conform
to the rules and regulations established by the Commissioner of Sanitation
in regard to such removal.
[Amended 3-9-1976; 4-30-1985; 1-28-1986]
A.
Permits required by this article shall be issued by the Town Clerk
following the review and approval of permit applications and upon
payment by the applicant thereof of a fee in accordance with the fee
schedule set forth below. With each permit issued, the Town Clerk
shall issue a set of decals or tags or other form of identification
approved by the Town Clerk which shall be permanently fastened and
displayed at all times in a conspicuous manner on the right and left
doors of each truck, wagon or conveyance.
(1)
Fee for Type I permits: The fee for a Type I permit shall be $350
for each truck, wagon or conveyance used by the applicant in the removal,
transportation or disposal of solid waste.
[Amended 12-11-1990]
(2)
Fee for Type II permits: The fee for Type II permit shall be $100
for each truck, wagon or conveyance used by the applicant in the removal,
transportation or disposal of solid waste.
(3)
Fee for Type III permits: No permit fee shall be required of applicants
who qualify for Type III permits.
B.
Upon the filing of an affidavit and such other proof as may be required
by the Town Clerk, a substitute permit and decals or tags or replacement
of a lost permit and decals or tags may be issued upon the payment
of a fee of $10; and a replacement permit card not requiring the issuance
of decals or tags may be issued upon the payment of a fee or $2.
C.
Each permit issued pursuant to this article shall be issued as of
the date of the granting thereof and shall expire on the first day
of February next succeeding such date, unless sooner suspended or
revoked. The Commissioner of Sanitation may extend said compliance
date where he believes circumstances so warrant for a period not to
exceed two weeks.
[Amended 3-15-2022 by L.L. No. 3-2022]
D.
Materials from those persons in the business of removing, carting
and/or transporting solid waste will be received and accepted at the
Town solid waste disposal complex only when delivered in a vehicle
properly displaying the decals or tags issued pursuant to this section.
F.
Any open or closed body container used for transporting solid waste
from a facility that generates or may generate potentially infectious
waste or biological waste shall have affixed to its side the name
of the facility generating the waste container in that container.
Such name shall contain letters at least two inches in height and
shall be affixed halfway between the bottom and top of such container
and along the end of the container that is closest to the cab of the
vehicle transporting it. For the purpose of this section, facilities
that generate potentially infectious waste shall include but not be
limited to medical offices, medical laboratories, nursing homes, surgical
centers and hospitals.
[Amended 1-13-1987; 3-12-1991 by L.L. No. 1-1991]
The procedure for the issuance, suspension and revocation of a Town permit required by this article shall be as prescribed in Chapter 147.
[Amended 4-30-1985; 7-26-2005 by L.L. No. 5-2005]
No person shall remove any solid waste, recyclable materials
or yard waste of any kind from the premises of any person or cart
or transport the same through or upon any street, avenue, parkway
or highway within the Town except in trucks or wagons securely covered
with tarpaulins and having watertight bodies or covered containers.
[Amended 9-26-1972; 4-30-1985]
A.
It shall be unlawful for any person to leave, deposit or dump any
solid waste anywhere in the Town except at the Town solid waste disposal
complex.
B.
It shall be unlawful for any person to leave, deposit or dump the
contents of any cesspool, septic tank or other sewage facility anywhere
in the Town.
A.
Each vehicle shall be maintained, operated and used at all times
only in full compliance with all applicable provisions of law, federal
and state, as well as local, and with all applicable rules and regulations
and orders of all authorities, federal, state, county and town, having
jurisdiction in the premises.
B.
Upon a vehicle's entry into the Town solid waste disposal complex,
the owner and operator of that vehicle shall be deemed to consent
to the searches and seizures as hereinafter provided.
[Added 4-30-1985; amended 1-28-1986]
(1)
Any vehicle which enters the Town solid waste disposal complex may be searched and its contents examined by Town employees to determine compliance with the prohibitions against hazardous substances and the prohibition against solid waste generated or collected outside the Town of Oyster Bay as hereinafter provided for in § 201-37B.
(2)
Any police officer or peace officer shall have the power to seize without a warrant, for conservation, health, safety or evidentiary purposes, any item he has cause to believe is a hazardous substance or has cause to believe is solid waste generated or collected outside the Town of Oyster Bay which has been or is being possessed or disposed of in violation of § 201-37B of the Code of Ordinances of the Town of Oyster Bay. An item seized under this subsection shall be disposed of as deemed appropriate by the Commissioner. Any costs and expenses incurred by the Town in the storage and disposal of any item seized under this subsection may be assessed against the permit holder of the vehicle from which such item was seized.
(3)
Any police officer or peace officer shall have the power to seize without a warrant, for conservation, health, safety or evidentiary purposes, any vehicle he has probable cause to believe has been or is being knowingly used in violation of § 201-37B of the Code of Ordinances of the Town of Oyster Bay. A seized vehicle shall be forfeited as hereinafter provided.
(4)
The seized vehicle shall be delivered by the police officer or peace
officer having made the seizure to the custody of the Town Attorney,
together with a report of all the facts and circumstances of the seizure,
as soon as practical under the circumstances.
(5)
It shall be the duty of the Town Attorney to inquire into the facts of the seizure so reported to him and, if it appears probable that a forfeiture has been incurred by reason of a violation of § 201-37B of the Code of Ordinances of the Town of Oyster Bay, to cause the proper proceedings to declare such forfeiture to be commenced and prosecuted in a court of proper jurisdiction at any time after 30 days from the date of seizure, unless, upon inquiry and examination, the Town Attorney decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the Town Attorney shall cause such seized property to be returned to the owner thereof. The Town Attorney shall make his determination whether or not it appears probable that a forfeiture has been incurred within one business day after the delivery of the vehicle to his custody.
(6)
Notice of the institution of the forfeiture proceeding shall be served
either personally on the owner of the seized vehicle or by registered
or certified mail to the owner's last known address and by publication
of the notice once a week for two successive weeks in a newspaper
of general circulation in the Town of Oyster Bay.
(7)
Forfeiture shall not be adjudged where the owner establishes by a preponderance of the evidence that the use of such seized vehicle in violation of § 201-37B of the Code of Ordinances of the Town of Oyster Bay was not intentional on the part of the owner or that said seized vehicle was used in violation of § 201-37B of the Code of Ordinances of the Town of Oyster Bay by any person other than an owner thereof while such seized vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or of any state.
(8)
The Town Attorney having custody of the seized vehicle and after
such judicial determination of forfeiture, shall either retain such
seized property for the official use of the Town of Oyster Bay or,
by a public notice of at least five days, sell such forfeited property
at public sale. The net proceeds of any such sale, after deduction
of the lawful expenses and costs incurred by the town, shall be paid
into the general fund of the Town of Oyster Bay.
(9)
Whenever any person having an interest in any property which is seized and declared forfeited under the provisions of this section files with a Justice of the Supreme Court a petition for the recovery of such forfeited property, the Justice of the Supreme Court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in Subsection B(7) and that the petitioner was without personal or actual knowledge of the forfeiture proceeding. If the petition is filed after the sale of the forfeited property, any judgment in favor to the petitioner shall be limited to the net proceeds of such sale after deduction of the lawful expenses and costs incurred by the Town.
(10)
No suit or action under this section for wrongful seizure shall
be instituted unless such suit or action is commenced within two years
after the time when the property was seized.
(11)
If any term, part, provision, section, subdivision or paragraph
of this section shall be held unconstitutional or ineffective, in
whole or in part, then, to the extent that it is not unconstitutional
or ineffective, this section and such term, part, provision, section,
subdivision or paragraph thereof shall be in full force and effect;
and such determination shall not be deemed to invalidate the remaining
terms, parts, provisions, sections, subdivisions or paragraphs thereof.
The Town Board reserves the right to suspend or revoke any permit
issued pursuant to this article. The permit issued may be suspended
by the Town Board for a violation of any part of the provisions of
this article after service of a notice in writing by registered or
certified mail upon the holder of the permit, requiring the permittee,
his agents, servants or employees to appear before the Town Board
and show cause why the permit should not be revoked.
[Amended 9-26-1972; 2-8-1977; 3-7-2023 by L.L. No. 4-2023]
A.
In addition to subjecting a permit issued pursuant to this article, to suspension or revocation, a violation of this article, except a violation of §201-32 shall be deemed an offense and shall be punishable by a fine not exceeding $500 or imprisonment for not more than 15 days, or both such fine and imprisonment.
B.
In addition to subjecting a permit issued pursuant to this article, to suspension or revocation, any person violating § 201-32 shall be deemed guilty of an offense against said section and upon conviction thereof shall be fined in an amount not exceeding $750 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
C.
Any person found by the Bureau of Administrative Adjudication to
have violated any provision of this article shall be subject to a
monetary penalty within the range of fines authorized by this article.
