No person shall engage in the business of receiving,
collecting, transporting or disposing of garbage, rubbish, trash,
recyclables or other wastes for hire within the Town of Webster without
first obtaining a license to do so from the Town Clerk and paying
the fees for such licenses as may from time to time be fixed by the
Town Board.
A bond in the sum of $2,500 shall be executed
by every person or corporation engaging in refuse collection business
within the Town of Webster and shall be filed with the Town Clerk
before such license shall be issued. Such bond shall be conditioned
that said licensee will comply with the laws, codes, ordinances and
regulations of the State of New York, County of Monroe and Town of
Webster and all lawfully issued orders of the Town Board, and that
the Town of Webster will be indemnified and saved harmless from any
and all claims or damages or liabilities caused by or arising out
of the failure of the licensee, his agents or employees to comply
with applicable statutes, ordinances, rules, regulations or orders.
Said bond shall be in such form and contain such sureties as shall
be approved by the Town Board or its designated representatives.
Every license issued by the Town Clerk, pursuant
to this chapter shall be subject to the following conditions and to
such other reasonable conditions as may be imposed by the Town Board:
A. Vehicles used
in the transportation of garbage or rubbish or any other materials
designated for collection by licensed haulers within the Town of Webster,
regardless of place of origin, shall be so equipped as to prevent
the leakage or spillage of their contents.
B. No vehicle used
in the collection or transportation of garbage or rubbish or any other
material designated for collection by refuse collectors shall stand
overnight with said matter in or on it.
C. No vehicle used
in the collection or transportation of garbage or rubbish or any other
materials designated for collection by licensed haulers shall be parked
or stored in a residential district when not being used in the actual
collection or transportation of said matter.
D. Any firm having
one or more such vehicles shall be allowed to use one alternate collection
vehicle for use in emergency situations.
E. The vehicles
used by collectors and the routes of collection shall be subject to
inspection and reasonable visitation by the Town Enforcement Officer
or his/her authorized agents.
F. The licensee
shall be required to display a nontransferable sticker or plate on
each truck used in the operation showing payment of the license fee.
In case of an emergency or breakdown of a licensee's truck, the Town
Clerk may authorize any license holder to use additional trucks for
a period not to exceed 10 days.
G. Each licensee
shall pay such annual license fee due on January 1 of each year as
may be determined by the Webster Town Board. Failure to pay such license
fee on or before January 31 of each year shall be grounds for revocation
of such license.
H. Each refuse collector
must provide forthwith and at all times during the term of the license,
a telephone number and be prepared to receive and answer messages
for a minimum of eight hours every business day of the year, from
the hours of 8:00 a.m. to 4:00 p.m. Each refuse collector shall respond
to each inquiry, complaint or message within 24 hours.
I. No collector
or employee shall be under the influence of drugs and/or alcohol or
use gross, discourteous language during collection or when discussing
business over the telephone.
J. All trucks must
have a minimum liability insurance policy for personal injuries in
the amount of $500,000 per person, $1,000,000 per accident, $100,000
of coverage for property damage and $ 2,000,000 aggregate. A certificate
of insurance must be furnished by each collector indicating these
limits, including contractual liability, and the Town of Webster is
to be named on this policy as an additional insured.
K. No collector
shall cease or discontinue business in the Town of Webster unless
30 days' written notice has been given to the Town Clerk and to all
customers serviced within the Town. This subsection shall not be construed
to include the sale or lease of such garbage collection business,
a collection route or any part thereof; provided, however, that in
the event of such sale or lease, the transferor shall notify the Town
Clerk within five days after such transfer and the transferee shall
make application and file a bond as herein provided within 20 days
of such transfer and, upon his failure to do so, the license may be
immediately revoked by the Town Clerk as herein provided.
L. No refuse collector
shall refuse to render service when asked by any person located within
the refuse collector's primary service area. Terms and conditions
of providing collection service shall be agreed upon between the individual
and the refuse collector, but shall be uniform for all customers and
shall not discriminate for other than valid business reasons, such
as nonpayment. The refuse collector shall continue to provide service
during any dispute with any person, but shall have the right to appeal
to the Commissioner of Public Works or his/her division head, agent
or designee relative to continuing the service to any person. The
Commissioner of Public Works or his/her division head, agent or designee
shall render a decision within 30 days of the written presentation
of the appeal to him or her.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
M. The Code Enforcement
Official shall have the authority to assign a refuse collector to
a particular customer or location if the customer is not in compliance
with the existing code. The Code Enforcement Official shall issue
an appearance ticket to address the code violation.
[Amended 6-17-2010 by L.L. No. 5-2010]
N. Violations of
any of the foregoing regulations or of any other provisions of this
law shall be cause for revocation of the license of any person holding
a license hereunder. The Town Board shall have power to revoke any
such license for cause shown after hearing upon five days written
notice specifying the alleged violation to the license holder by certified
mail directed to his principal office at the address filed with the
Town Clerk with the licensee's application.
A license may be refused if the applicant shall
have been convicted of a misdemeanor or felony which in the judgment
of the Town Clerk renders the applicant an unfit or undesirable applicant
or if the applicant shall fail to meet and/or demonstrate the ability
to meet the requirements of this chapter to the satisfaction of the
Town Clerk. Any applicant who has been refused a license by the Town
Clerk may appeal to the Town Board from such refusal, and such license
may be granted or refused by such Board.