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Town of Mount Morris, NY
Livingston County
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[HISTORY: Adopted by the Town Board of the Town of Mount Morris 10-5-1953 by Ord. No. 2. Amendments noted where applicable.]
A. 
For the purpose of this chapter, certain terms and words are herewith defined as follows:
COLLECTOR OF REFUSE AND WASTE
Includes any person who is engaged in or who conducts the business of collecting and/or transporting ashes, rubbish, garbage and other refuse and waste.
DEBRIS or ABANDONED PERSONAL PROPERTY
Includes ordinary household or store trash of a flammable or nonflammable character, including but not limited to boxes, crates, furniture, rugs, clothing, rags, barrels, cartons, mattresses, blankets, rubber tires, lumber, brick, stone and other building materials no longer intended or in condition for ordinary use, abandoned motor vehicles, or the parts thereof and any and all tangible personal property no longer intended or in condition for ordinary and customary use.
[Added 9-19-1991 by L.L. No. 1-1991]
GARBAGE
Includes waste food, papers, dead animals or parts thereof and all waste or discarded wood, lumber or vegetable matter of any kind or any other matter which shall be flammable or capable of fermentation or decay.
PERSON
Includes an individual, society, club, firm, partnership, corporation or association of persons.
RUBBISH
Includes waste, metal, tin cans, ashes, cinders, glass, pottery and all discarded substances of a solid and incombustible nature.
B. 
Words used in the present tense include the future; words used in the singular number include the plural; and words used in the plural number include the singular.
It shall be unlawful for any person to engage in or conduct business as a collector of refuse and waste in the Town of Mount Morris, Livingston County, New York, without first having obtained a license therefor as hereinafter provided.
[Amended 4-12-2012 by L.L. No. 3-2012]
A. 
Each applicant for such license shall submit to the Town Code Enforcement Officer a written application supplying, under affidavit, information that demonstrates that applicant is capable of conducting the business of collecting and transporting refuse and waste in accordance with the provisions of this chapter.
B. 
If the applicant possesses the required qualifications, the Town Code Enforcement Officer may, upon payment by the applicant of the license fee hereinafter prescribed, direct the Town Clerk to issue a license to the applicant.
[Amended 12-21-2000 by L.L. No. 6-2000; 4-12-2012 by L.L. No. 3-2012]
A. 
The fee for such license shall be fixed annually by resolution of the Town Board.
B. 
Such license shall be effective from the date of its issuance until the first day of January next succeeding, unless sooner revoked, and shall not be transferable.
C. 
Such license may be renewed by the Code Enforcement Officer for the following calendar year upon the payment of the license fee, provided that the vehicle(s) to be used by the applicant meets the approval of the Town Code Enforcement Officer, pursuant to the terms of this Chapter 27.
Each such license shall be issued subject to compliance by the licensee with all the requirements of the Town Law and all other statutes and ordinances now existing or which may hereafter be enacted affecting such business or the conduct thereof; subject, also, to compliance by the licensee with all rules, regulations or orders now existing or which may hereafter be made by the Town Board of the Town of Mount Morris respecting such business or the conduct thereof; and subject, also, to compliance with the following further requirement: The vehicle to be used by each such licensee shall be so equipped that there will be no spilling of ashes, rubbish, garbage or other refuse and waste in or upon any street, highway, sidewalk or public place within the Town of Mount Morris, and further provided that the body of said vehicle shall be of metal and be completely enclosed in metal and have been approved in that respect by the Town Board of the Town of Mount Morris.
Acceptance of such license shall constitute an agreement by the licensee to comply with all such requirements, orders, rules, regulations and statutes.
No person or licensed garbage carrier shall remove his load except at the site or sites established by separate ordinances of the Town of Mount Morris for such purposes.
Any person to whom a license has been issued who violates any of the terms of this chapter or any orders adopted by the Town Board shall, after a hearing before the Board, be subject to a cancellation and revocation of his license.
No person not licensed as a collector of refuse and waste shall drive or operate or cause to be driven or operated a motor truck, wagon or other vehicle for the hauling of ashes, rubbish, garbage or other refuse in and upon the streets and highways of the Town of Mount Morris, unless the body of such vehicle shall be completed covered so that there will be no spilling of garbage, rubbish, ashes or other refuse on the town streets and highways.
[Added 9-19-1994 by L.L. No. 1-1994[1]]
No person shall throw, place, dump, deposit or cause to be thrown, placed, dumped or deposited any rubbish, garbage, debris or abandoned personal property, as defined herein, on any public or private highway, street or place within the Town of Mount Morris.
[1]
Editor's Note: Former § 27-10, Penalties for offenses, was renumbered as § 27-11.
[Amended 9-19-1994 by L.L. No. 1-1994]
Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, be punishable by a fine not exceeding $250 or by imprisonment for a term not to exceed 15 days, or both, for each offense. Each day such garbage, rubbish, debris or abandoned property continues to be placed or deposited upon public or private highways, streets or places shall be a separate violation of this chapter. Each such separate violation shall be punishable as provided hereinabove.