[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:
(1) 
Worker's compensation insurance.
(2) 
Public liability insurance with minimum limits of $250,000 for each person injured and $500,000 for each accident.
(3) 
Property damage insurance in the sum of $100,000 for all accidents, subject to a limit of $50,000 for any one accident.
C. 
Subsection B(2) and (3) shall only apply to Type I permits.
[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.
[Added 12-19-1989[1]; amended 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
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.
E. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E, regarding veterinarians issued Type II permits, was repealed 12-19-1989.
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]
[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.