[Adopted 2-6-2007 by L.L. No. 5-2007[1]]
[1]
Editor's Note: This local law provided that
all of the provisions of this local law, except with regard to licensing,
shall take effect immediately. The provisions with regard to licensing
shall take effect as of the first day of March 2007.
It is the finding of the Board of Trustees that
the provisions of this article are necessary and desirable to regulate
and control the activities of nonmunicipal collectors of solid waste
activities which pose a potential or actual risk of noise, odors,
and other nuisances and which might otherwise impair or disturb the
public health, safety, peace, welfare, and good order of the community.
The purpose of this article is to license nonmunicipal collectors
of solid waste and to limit, regulate, or prohibit related activities
which, if left unregulated, may tend to create or encourage nuisances,
noise, or other environmental pollution or disturbance of the public
peace and order.
As used in this article, the following terms
shall have the meanings indicated:
Any person who is not a municipal corporation that collects
solid waste from a nonresidential establishment within the Village.
Includes ashes, garbage, newspapers, and rubbish, as defined in Article II of this chapter.
A.
Except as provided in Subsections B and C of this section, it shall be unlawful for any nonmunicipal person to engage in or practice the trade or business of collecting solid waste within the Village without having first obtained a license from the Village pursuant to the requirements of this article.
B.
The licensing requirement set forth in this section
shall not apply if the solid waste being collected is limited to demolition
and/or construction debris.
D.
No owner, tenant, or other occupant of premises within
the Village shall engage, permit, allow, or tolerate a nonmunicipal
person to collect solid waste from such premises without such nonmunicipal
collector of solid waste having first obtained a license from the
Village pursuant to the requirements of this article.
A.
Any nonmunicipal collector of solid waste desiring
to obtain a license as required by this article shall make application
on forms to be furnished by the Village Clerk.
B.
Each applicant for such a license shall pay a nonrefundable
filing fee with the application. Such fee shall be in such amount
as shall be prescribed from time to time by the Board of Trustees.
C.
No properly completed and signed application shall
be denied unless the applicant or one or more of the principals, partners,
or members, or individuals with similar ownership interest, of the
applicant, were principals, partners, or members, or individuals with
similar ownership interest, in another nonmunicipal collector of solid
waste, the license of which was suspended or revoked pursuant to this
article. In the event of such denial:
(1)
The Village Clerk shall report the basis of the denial
to the Board at its next regular meeting.
(2)
Thereupon, the Board, in its discretion, may uphold
the denial or grant the license upon such terms as it deems appropriate,
including, but not limited to, granting such license for a limited
period of time, on a probationary basis, to determine whether or not
the applicant will perform its collection services in accordance with
the requirements of this article.
(3)
The Board may require the applicant to appear before
the Board and show cause why the license should be granted, and the
failure of the applicant to appear at the time and place appointed
shall be deemed adequate grounds for the denial of the license.
(4)
The applicant shall have the right, upon written request,
to appear and be heard before the Board and present such proof as
he or she may deem appropriate in respect to any such matter as to
why such license should be granted.
D.
All licenses pursuant to this article shall expire
on the last day of December in the year in which they have been issued.
A license may be renewed upon the filing of a renewal application
and a payment of an annual fee in such amount as shall be prescribed
from time to time by the Board of Trustees.
E.
Persons licensed pursuant to this article shall, at
all times, keep a copy of such license on their person and/or in the
vehicle in which they are collecting such solid waste and shall immediately
produce such copy for inspection by any person lawfully requesting
the production of the same, including but not limited to any peace
or police officer and any inspector, official, officer, or employee
of the Village or other government agency or authority.
A.
Whenever it shall appear, to the satisfaction of the
Village Clerk, that there has been any false statement, or any misrepresentation
as to a material fact in the application on which the license was
based, or that any license has been issued in error, or that there
has been a material failure to comply with any statute, ordinance,
rule, or regulation, or with any condition upon which the license
was granted, or that the further use of the license or the exercise
of the privilege thereunder could cause or tend to cause injury, damage,
or unreasonable annoyance to a reasonable person of normal sensitivities,
or to property within the Village, the Village Clerk may, upon not
less than five days' notice by certified mail, return receipt requested,
suspend such license for a period not to exceed 30 days, without refunding
any portion of the license fee, but shall report the facts and circumstances
to the Board at its next regular meeting.
B.
Thereupon, the Board, in its discretion, may terminate
the suspension or, forthwith, and upon not less than five days' notice
by certified mail, return receipt requested, revoke said license or
continue the suspension of such license for such period of time as
the Board may determine.
C.
The Board may require the licensee to appear before
the Board and show cause why the license should not be permanently
revoked, and the failure of the licensee to appear at the time and
place appointed shall, without more, be deemed adequate grounds for
the permanent revocation of the license.
D.
The licensee shall have the right, upon application,
to appear and be heard before the Board and present such proof as
he or she may deem appropriate in respect to any such matter as to
why such license should not be suspended or revoked.
