[HISTORY: Adopted by the Board of Trustees of the Village of Boonville as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-11-1985 by L.L. No. 1-1985]
This article applies to all private garbage and refuse haulers who collect any garbage or refuse within the jurisdiction of the Village of Boonville.
[1]
Editor's Note: Original § 1, Statutory authorization; purpose, and § 2, Definitions, which immediately preceded this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Garbage and refuse haulers permit. A garbage and refuse haulers permit shall be obtained before any private hauler shall be allowed to collect any garbage and refuse within the Village of Boonville. Application for a garbage and refuse haulers permit shall be made on forms furnished by the Village Clerk and may include, but not be limited to: the identification number, plate number, make and model of all vehicles used by the private garbage and refuse hauler in the collecting of garbage and refuse in the Town of Boonville.
B. 
The Village Board shall authorize the issuance of all permits hereunder and shall also have the right to revoke any permit issued for any violation of this article or any other federal or state law which, in the opinion of the Village Board, such violation endangers the public health or welfare.
C. 
Duties of Village Clerk.
(1) 
The Village Clerk shall furnish any private hauler an application for a permit upon request.
(2) 
The Village Clerk shall receive all completed permit applications.
(3) 
The Village Clerk shall present the application to the Village Board for review and action at the next regular Board meeting.
(4) 
The Village Clerk shall then issue a permit if the application is approved by the Village Board, or if the permit is denied, shall notify the applicant, in writing, within five days of the denial and the reasons therefore.
(5) 
The Village Clerk shall keep on file in the Village offices one copy of any permit issued pursuant to this article.
D. 
Duties of the Village Board. The Village Board shall review all permit applications at its regular or special board meeting and shall either approve or disapprove such application within 30 days of presentment by the Village Clerk.[1]
[1]
Editor's Note: Original § 4.5, Garbage and refuse hauler collection fee, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
Determination of fee:
(1) 
Once a private hauler has been issued a permit, the private hauler shall have each vehicle used in collection weighed prior to initiating each collection in the Village and weighed again at the conclusion of the collection. The weigh-in/weigh-out slips shall then be provided to the Village Clerk, who in turn will issue a bill for the tonnage collected.
(2) 
The weigh-in/weigh-out slips shall be given to the Village Clerk weekly and a bill shall be issued by the Village Clerk every 30 days to the collector.
(3) 
The collector shall pay the bill in full within 15 days from the date of mailing.
(4) 
In lieu of the procedure provided for in § 323-2E(1), the private hauler and the Village may, by mutual agreement, take an average weekly tonnage, and the private hauler agrees to pay the rate based on this agreed-upon tonnage. Either the Village Board or the private hauler may, on 15 days' notice to the other, request to use the procedure outlined in § 323-2E(1), instead of those herein set forth.
A. 
It shall be a violation for any private collector to collect garbage or refuse in the Village of Boonville without a properly issued permit.
B. 
Any Village police officer may issue an appearance ticket, returnable in Town Court, to any private collector collecting garbage or refuse without a permit.
[Amended 11-30-2017 by L.L. No. 1-2017]
C. 
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500. Each day a violation occurs shall be deemed a separate violation.
D. 
In addition to the penalties hereinabove set forth, any collector who fails to make payment on a duly issued bill as required by § 323-2E(3) shall be subject to having his permit revoked without notice upon a majority vote of the Village Board. Any collector whose permit is revoked for nonpayment, as herein set forth, shall not be entitled to be reissued a permit for 90 days.
E. 
Nothing contained herein shall prevent the Village of Boonville from taking such other lawful action as necessary to prevent or remedy a violation.
[The recycling program and regulations of Oneida County are in effect in the Village of Boonville.]