[HISTORY: Adopted by the Town Board of the Town of New Paltz
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-17-2018 by L.L. No. 3-2018[1]]
[1]
Editor's Note: This local law was adopted as Ch. 88, but was
renumbered to maintain the alphabetical organization of the Code.
This article shall be known and may be cited as the "Town of
New Paltz Residential Solid Waste Collection Law."
The purpose of this article is to institute a licensing plan
for the collection and management of residential solid waste and recyclable
materials generated or originated in the Town of New Paltz, to promote
the safety, health and well-being of persons and property within the
Town. It has been determined jointly by the Town and Village of New
Paltz that it is appropriate to award a single hauling license to
an entity that has submitted a proposal to the Town and Village through
the competitive bidding process that is determined to be most beneficial
to Town and Village residents.
[Amended 4-20-2023 by L.L. No. 3-2023]
No person shall engage in the business of removing, collecting,
transporting or disposing of garbage, rubbish or other refuse or waste
material from residential properties within the Town of New Paltz
without first obtaining a license therefor issued by the Licensing
Officer of the Town of New Paltz. No individual or business entity
that owns or leases residential property within the Town of New Paltz
shall enter into an oral or written agreement with any waste hauling
individual or business to remove solid waste from a residence within
the Town of New Paltz that has not procured the license required by
this article. Nothing contained herein shall prevent a resident or
property owner from personally taking solid waste and/or recyclables
directly to a solid waste transfer station without engaging the residential
solid waste licensee approved by the Town of New Paltz.
A.
Licensing Officer; application.
(1)
Licensing Officer. The Town Clerk shall serve as Licensing Officer
for the purposes of this section.
(2)
Application. Application for a residential garbage, rubbish and recyclables
collector's license shall be made, in writing, to the Town Clerk and
shall be issued upon approval of such application and payment of the
required annual fee. The application shall be furnished by the Town
Clerk on forms approved annually by resolution of the Town Board.
B.
Conditions.
(1)
Assumption of liability. As a condition to the issuance of a license
under this article, the private residential garbage and rubbish collector
shall assume all liability for injury to person or property growing
out of performance of the work required and shall agree to indemnify
and save harmless the Town of New Paltz from all demands, claims,
suits and actions on account of any injury or alleged injury to persons
or property that may occur in the performance of the work or on account
of any act or omission or alleged act or omission of the private garbage
or rubbish collector, its agents, servants or employees.
(2)
Insurance.
(a)
As a condition to the issuance of a license under this article,
the private residential garbage and rubbish collector shall procure,
at its own expense, a motor vehicle liability insurance policy and
a general public liability insurance policy in which it is the named
insured with policy limits as follows:
(b)
The said liability insurance policies shall insure the private
residential garbage and rubbish collector against any and all claims,
demands, causes of action and judgments which may arise in any manner
whatsoever, out of the collection and disposal of garbage, for damages
to person or property caused by the negligence of the private garbage
and rubbish collector, his agents, servants or employees.
(c)
Certificates of insurance shall be filed with the Town Clerk
which shall be revocable only on 30 days' notice in writing. It is
understood that the collection and disposal of residential garbage
and rubbish under this article shall be performed under the direction
of and to the satisfaction of the Town of New Paltz, and as a condition
to the issuance of a license under this article, the private residential
garbage and rubbish collector must agree to comply with all reasonable
regulations of the Town of New Paltz relating to the collection and
disposal of residential garbage and rubbish, along with all conditions
set forth in any franchise agreement entered into between the licensee,
Town and Village, and to comply with all the laws of the State of
New York relating to the collection and disposal of residential garbage,
rubbish and recyclable materials.
(3)
Sanitation Code; recycling.
(a)
Ulster County Sanitation Code. In addition to the conditions
and requirements of the Town, the licensee shall comply with all of
the requirements of the Sanitation Code of the Ulster County Health
Department and shall apply for and receive from such department the
permit provided for in said code and shall also comply with all of
the requirements of the Ulster County Health Commissioner in the issuance
of such permit. All definitions set forth in the Ulster County Sanitation
Code shall apply to this article.
(b)
Recycling mandated. The applicant must agree to provide and
collect all recyclable materials produced at residential properties
in question, pursuant to§ 304-13A of the Ulster County Code.
Failure to provide recycling containers, or failure to provide an
adequate number of recycling containers, shall result in a fine as
determined by the Town Board at the last meeting at which the amount
of such fine was established or amended, in addition to any fine or
fee payable to any other state or local government entity with jurisdiction.
C.
Grounds for refusal. If the Licensing Officer shall determine that
the applicant is not a fit and proper person to carry on the business
of garbage and rubbish collection, the Licensing Officer may refuse
to grant a license. Upon written request of the applicant, the Licensing
Officer shall specify, in writing, the grounds for refusal. For purposes
of this article, the term "fit and proper person" shall mean the applicant
for such license with which the Town of New Paltz has entered into
a franchise agreement effective as of the date of the issuance of
the license.
A.
License fee. At the time of the issuance of a license, the Town Clerk
shall collect a fee therefor, the amount of which shall be that determined
by the Town Board by annual resolution, in addition to any fee payable
to any other state or local governmental entity having jurisdiction
over the licensee.
B.
License expiration. The license issued pursuant to this article shall
expire 12 months following the date of issuance.
A.
Pickup schedule. Any person or firm licensed under the provisions
of this article shall maintain a pickup schedule of at least once
a week for all of customers.
B.
Blocking of traffic. Any licensee under the provisions of this article
shall not operate or permit to be operated any vehicle or equipment
so as to block any crosswalk or interfere with the movement of traffic
on any public street or highway.
C.
Use of containers. Garbage, refuse and recycling containers shall
be provided in accordance with the franchise agreement awarded to
the licensee and of sufficient strength and size to securely contain
such waste material and shall be kept covered at all times except
for loading and unloading. Such containers shall not be stored or
placed in front of the building line of the principal residential
building on each lot except to facilitate refuse collection during
a period beginning not earlier than six hours prior to 12:01 a.m.
on the day regularly scheduled for such removal and ending not later
than six hours after 11:59 p.m. on the day regularly scheduled for
such removal.
D.
Residential
license. It is the intention of the Town to award only one residential
waste hauling license pursuant to this article for refuse collection
and disposal, and for collection of recyclables from all single-family
and multifamily dwelling units with individualized refuse collection
located in the Town. Multifamily dwelling units shall be those with
10 or less separate units. All multifamily dwelling units with more
than 10 separate units shall be considered commercial for the purposes
of this article.
[Added 4-20-2023 by L.L. No. 3-2023]
E.
Commercial license. There is no restriction on the number of commercial solid waste hauling licenses that may be issued for nonresidential properties. However, any commercial waste hauling licensee which does not possess a residential waste hauling license and engages in unauthorized residential solid waste pickup within the Town of New Paltz shall be subject to the suspension and/or revocation of its commercial license in accordance with § 114-7 of this article.
[Added 4-20-2023 by L.L. No. 3-2023]
F.
Incomplete
disposal. All licensees shall utilize their best efforts to pick up
any refuse left behind on streets, highways or residential premises
within the Town as a result of incomplete disposal from approved containers
into the waste hauling vehicles.
[Added 4-20-2023 by L.L. No. 3-2023]
A.
Revocation. Whenever the Licensing Officer shall determine that a
licensee is violating any applicable provision of the Town of New
Paltz Municipal Code, the franchise agreement or any applicable state
or county law, rule or regulation, the Licensing Officer, after notice
and hearing, may revoke said license upon recommendation of the Town
Board.
B.
Notice of hearing. Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint, and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address,
at least 10 days prior to the date set for hearing.
C.
Appeals. Any person aggrieved by the action of the Licensing Officer
in the denial of an application for a license or in the decision of
the Licensing Officer with reference to the revocation of a license
as provided for in this section shall have the right to appeal to
the Town Board. Such appeal shall be taken by filing within 14 days
after notice of the action complained of has been mailed to such person's
last known address, together with a written statement setting forth
fully the grounds for the appeal. The Town Board shall set a time
and place for hearing on such appeal, and notice of such hearing shall
be mailed to the applicant at his last known address at least five
days prior to the date set for the hearing. The decision and order
of the Town Board on such appeal shall be final and conclusive.
D.
Suspension. In case of an emergency or a serious threat to public
safety, health or welfare, the Licensing Officer may suspend a license
until such time as a final determination can be had on the revocation
of a license under this section. For a good cause, the Town Board
may remove such suspension pending final determination, subject to
such terms and conditions as it deems appropriate or necessary to
safeguard the public safety, health or welfare.
Any person or firm who shall violate any provisions of this
article shall be guilty of a violation pursuant to the Penal Law;
provided, however, that in no case shall the fine imposed exceed $250.
In addition, the Town Board may 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
article.
In the event that the terms of any franchise agreement for the
collection of residential solid waste and recyclable materials entered
into between the licensee and the Town and Village conflict with or
deviate from this article, the terms of the franchise agreement then
in effect shall govern.
