As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Any individual, firm, corporation, association or partnership.
PROHIBITED MATERIALS
Materials that contain hazardous or toxic substances or that
are not suitable for residential disposal and which will not be collected
or permitted to be placed in recyclable containers as set forth in
the rules and regulations.
RECYCLABLE MATERIALS
Discarded solid waste material which may be reclaimed and
is in the form of paper, glass, metals and plastics.
RECYCLABLES
Specific types of recyclable materials as shall be designated
by the Board of Trustees pursuant to rules and regulations adopted
hereunder.
RULES AND REGULATIONS
Rules and regulations which are duly adopted by the Board
of Trustees at a public meeting.
The owner, lessee or occupant of every dwelling within the Village
shall separate and dispose of recyclables as follows:
A. Prior to collection, all recyclables shall be processed and cleaned,
with all contents removed, in accordance with the rules and regulations.
B. Recyclables shall be placed in an approved color-coded container
which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms
of solid waste.
C. Newsprint shall be bundled and securely tied with a string or placed
in a brown paper bag.
D. Recyclables shall be collected on a periodic basis and properly disposed
of at a suitable processing center.
Containers for the purpose of collecting and storing recyclables
will be initially provided by the Village to every dwelling. Such
containers will remain the property of the Village and must be kept
clean and in good condition. Recycling containers are not to be used
for any purpose other than as described herein and in accordance with
the rules and regulations. In the event that such containers are lost,
damaged or stolen, additional equivalent containers must be provided
by the property owner at his own expense.
The schedule and applicable procedures for the collection of
recyclables by independent carters shall be provided, in writing,
to each property owner in the Village who is serviced by said carter.
Each property owner shall be responsible to comply with said schedule
and procedures.
It shall be the duty of the Village Building Inspector, Code
Enforcement Officer, Police Department and any other individual designated
by the Board of Trustees and they shall have the power, right and
authority to enforce the provisions of this article and issue appearance
tickets for violations.
The Board of Trustees is empowered and authorized to promulgate
and establish, by resolution, any rules and regulations which are
necessary and proper to implement and administer the provisions of
this article.
For the purpose of this article, the following definitions shall
apply:
CARTER
Any person who operates, conducts or supervises a business
engaged in the collection, removal and disposal of solid waste.
COLLECTION VEHICLE
A vehicle designed, built and used for the purpose of collecting
solid waste.
EMPLOYEE
Any person who is employed by or otherwise acts on behalf
of a carter in the operation of its business, either on a full-time
or part-time basis.
GARBAGE
Includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food and
other household wastes, excluding recyclables.
OPERATE
To pick up, collect, load or otherwise perform the collection
of solid waste or the supervision or direction of such activities.
PERSON
Any person, firm, partnership, joint venture, association,
corporation, company or organization of any kind.
PROHIBITED MATERIALS
Includes solid or liquid waste resulting from industrial
processes and manufacturing operations, such as, but not limited to,
food processing waste; waste oil or grease or automobile parts; volatile
or explosive materials, such as gasoline, benzine, kerosene, turpentine,
cartridges, shells, ammunition or gunpowder; and such other material
as may be designated by resolution of the Board of Trustees.
RECYCLABLES
Includes newsprint, metal, glass and plastic containers used
for food products and such other materials as shall be designated
by resolution of the Board of Trustees.
RUBBISH
Includes nonputrescible solid wastes (excluding ashes), such
as leaves, grass, plant clippings, weeds, branches, limbs, metal,
wood, glass, bedding, crockery and similar materials and such other
materials as may be designated by resolution of the Board of Trustees.
SOLID WASTE
Includes all material classified as "garbage," "rubbish,"
"trash" and "recyclables," as defined herein, excluding prohibited
material.
TRASH
Includes such bulk articles as appliances, furniture, bed
springs, mattresses and building materials.
VILLAGE
The Incorporated Village of Muttontown.
It shall be a violation of this article:
A. For any carter to operate, engage in, conduct or supervise service
to any property in the Village without having a current, valid license
issued pursuant to this article and such other municipal permits as
required by law.
B. For any carter or carter's employee to engage in the collection
or disposal of solid waste in the Village without being registered
pursuant to this article.
C. For any person to fail to abide by any rules and regulations set
forth herein or hereinafter adopted by the Board of Trustees in furtherance
of this article.
A license shall not be issued to an applicant unless the Board
of Trustees or its designated representative is satisfied that:
A. References have been reviewed and approved.
B. The applicant has sufficient experience to function as a licensee.
C. The applicant is financially responsible.
D. Issuance of a license is in the public interest.
E. There has been compliance with terms and conditions of this article.
All capital stock of a corporate licensee shall be issued only
to and in the name of the true owner. A person shall not hold stock
in a corporate licensee, directly or indirectly, for the use or benefit
of another person.
In the event of any sale or change of ownership of a licensee
or of any capital stock of a corporate licensee, the licensee must
notify the Village Clerk of such change at least three days prior
to such sale or change.
Every licensee shall keep complete and accurate books of account
with respect to the operation of his business. All such records shall
be retained by the licensee for at least three years.
The Village Clerk, when issuing a license, shall also issue
a vehicle sticker for each collection vehicle. This vehicle sticker
shall be firmly affixed on the driver's side of each vehicle
on the cab near the window. The sticker shall contain the license
number and Village initials.
Each licensed collection vehicle shall have on the outside of
each door of the cab the name and address of the licensee in letters
not less than four inches in height, either painted or otherwise securely
affixed.
Upon the sale, dissolution, suspension or discontinuance, whether
voluntary or involuntary, of the business of a license, it shall be
the duty of the licensee to notify the Village Clerk and surrender
the license to the Clerk.
The Board of Trustees, after a duly noticed public hearing,
may promulgate rules, regulations and standards to ensure the quality,
efficiency and effectiveness of the enforcement, interpretation and
implementation of this article.
Notwithstanding the payment of any license fee, the issuance
of any license or inspection and approval by the Village, the Village,
including its agents and employees, shall be under no obligation whatsoever
concerning the adequacy, operation or maintenance of a carting business
or of its service to Village residents, nor does it assume any liability
whatsoever for the actions of any carter.
Any person who violates or fails to comply with this article
shall commit a violation as defined in the New York State Penal Law
which shall be punishable in the Village Justice Court by a fine of
up to $250 or a term of imprisonment of up to 15 days, or both, for
each such violation.