[Adopted 3-12-1974 by L.L. No. 1-1974]
As used in this article, the following terms shall have the meanings
indicated:
Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooking and consumption of food.
All putrescible solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, abandoned products, solid materials and
industrial wastes.
Nonputrescible solid wastes, consisting of both combustible and noncombustible
wastes such as paper, cardboard, tin cans, metal, wood, yard clippings, glass,
bedding, crockery and similar materials.
Includes garbage, refuse, rubbish, ashes, manure and offensive and
noxious substances.
No garbage, refuse, rubbish or waste shall be dumped or disposed of
in the Town of Philipstown unless:
A.
It has its origin and generation within the Town of Philipstown
and comes from residents, businesses, industry, property and lawful occupants
of properties in the Town of Philipstown; and
B.
It is dumped or disposed of at a dump, sanitary landfill
operation or facility operated by or with the permission of the Town of Philipstown
for such purposes.
A.
No dump, landfill operation, incinerator, compactor,
shredder or any other means of handling or disposing of garbage, refuse, rubbish
or waste shall be established or used in the Town of Philipstown without first
procuring the permission and approval of the Town Board of the Town of Philipstown.
This restriction does not apply to garbage, refuse, rubbish or waste originating
in a one-family house and handled by lawful incineration, shredding or compacting
upon the same lot where said one-family house is located by the owner or occupant
of said residence.
B.
No dump, landfill operation, incinerator, compactor or
shredder or any other means of handling or disposing of garbage, refuse, rubbish
or waste shall be established or approved by the Town Board of the Town of
Philipstown unless said facility or means is restricted to and limited to
the handling and disposition of garbage, refuse, rubbish and waste which has
its origin and generation within the Town of Philipstown and comes from the
residents, businesses, industries, properties and lawful occupants of properties
in the Town of Philipstown.
All garbage, refuse, rubbish and waste collected and transported within
the Town of Philipstown and the disposition of any of the same in the Town
of Philipstown shall be handled under the supervision of the Town Superintendent
of Highways. The Town Board and the Highway Superintendent shall have the
authority to make regulations concerning the handling and transporting of
said materials within the town, and at the Town Dump, sanitary landfill operation
or other facility for handling the same. Regulations originated by the Highway
Superintendent shall be subject to approval by the Town Board.
A.
No person, firm, company or corporation shall engage
in or conduct the business of collecting garbage, refuse, rubbish or waste
in the Town of Philipstown on or after the date of adoption of this article
until a license has been procured to engage in such business as herein provided.
Persons, firms, companies or corporations heretofore engaged in or conducting
such business in the Town of Philipstown shall have 30 days from the date
of the adoption of this article to make application for such license.
B.
No person, firm, company or corporation engaged in or
conducting the business of collecting garbage, refuse, rubbish or waste shall
transport any of said items in or through or from the Town of Philipstown
until a license has been procured for such operation in the Town of Philipstown
as herein provided.
A.
An application for such license shall be made in writing
to the Town Clerk upon a form approved by the Town Board, together with the
fee as is hereinafter set forth. Such fee may be amended from time to time
by resolution of the Town Board.
B.
Such application shall describe the vehicle or vehicles
which shall be used for the collection or transport of garbage, refuse, rubbish
or waste in the Town of Philipstown, and for each said vehicle a fee shall
be paid to the town according to the following schedule of maximum gross weights:
[Amended 6-11-1979 by Res. No. 30-79; 6-4-1987
by Res. No. 32-87; 12-3-1987 by Res.
No. 67-87; 9-7-1989 by Res. No. 108-89]
|
Maximum Gross Weight
(pounds)
|
Fee Per Cubic Yard Capacity*
| |
|---|---|---|
|
0 to 8,000
|
$5
| |
|
8,001 to 18,000
|
$5
| |
|
Over 18,000
|
$5
|
|
* NOTE: Regardless of how many cubic yards the vehicle is hauling.
|
C.
The fee for any vehicle is not transferable. No credit
shall be given when a vehicle is withdrawn. Each additional or substitute
vehicle to be used requires a separate additional fee and an amendment to
the license.
D.
The application shall also set forth schedules, giving
dates, approximate times and geographic locations for the collection of garbage,
refuse, rubbish and waste throughout the Town of Philipstown. Expanded schedules
may be filed with the Town Clerk. A reduction in schedule shall require approval
by the Town Board. Current schedules shall be kept on file with the Town Clerk.
Failure to comply reasonably with the schedule as filed shall be a violation
of this article.
E.
No license shall be issued or reissued unless first approved
in writing by the Town Board after it has determined that such application
is in the public interest and in conformity with the rules and regulations
established herein or as otherwise lawfully established by the Town Board.
A.
All vehicles or implements used in connection with the
collection and transportation of garbage, refuse, rubbish and waste shall
be kept in an unoffensive and sanitary condition and when not in use, if stored
in the Town of Philipstown, shall be maintained in such a manner as not to
create a nuisance.
B.
Personnel working in, from and around said vehicles shall
maintain a neat appearance, and a vest or jacket of a color easily identified
shall be worn for purposes of safety and identification. Said safety and identification
apparel shall be submitted by sample and shall be subject to the approval
of the Town Board.
All persons licensed to collect garbage, refuse, rubbish and waste and
to transport the same in the Town of Philipstown shall comply at all times
with the requirements of all laws and rules and regulations of any state,
county and town municipal department or bureau having jurisdiction.
A license issued under the provisions of this article shall expire at
the end of the calendar year of the date of issuance. Applications for renewal
of such license may be filed with the Town Clerk after November 1 in any year,
together with the fee for each vehicle as provided above for an application,
which shall constitute the renewal fee. Said fee may be amended from time
to time by resolution of the Town Board.
Any license issued under this article may be revoked by the Town Board
if it is found, after a hearing, that the holder of such license has violated
any provision of this article. Such hearing shall be held after a written
notice of same is given to the licensee at least five days before such hearing
and directed to the last known address of the licensee.
Any person who is not a resident of or who is not conducting an established
business or industry in the Town of Philipstown, or any firm, company or corporation
not having or conducting an established business or industry in the Town of
Philipstown, may not and shall not deposit any garbage, refuse, rubbish or
waste in any dump, landfill operation, incinerator or other facility for the
disposal of said items operated by or with the permission of the Town of Philipstown,
except in accordance with this article.
Garbage, refuse, rubbish or waste brought to any dump, landfill operation
or other facility operated by or with the permission of the Town of Philipstown
shall be limited to that authorized by the Town Board of the Town of Philipstown,
the New York State Department of Environmental Conservation and the Putnam
County Board of Health.
A.
Use of any property owned or operated by the Town of
Philipstown for the purposes of handling garbage, refuse, rubbish or waste
shall be limited to those lawfully upon the premises where said dump, landfill
operation or facility is located for the purpose of depositing such materials
in designated areas or for the purpose of lawfully participating in the operation
and handling of said facility and the materials deposited therein. Anyone
not upon said premises for such purposes or in connection with such purposes
shall be considered a trespasser and shall be in violation of this article.
B.
No removal of garbage, refuse, rubbish, waste or debris
is permitted from the town landfill facility.
[Added 9-7-1989 by L.L. No. 5-1989]
A.
Each day that a person, firm, company or corporation
handles, collects or disposes of garbage, refuse, rubbish or waste in the
Town of Philipstown or transports the same in, within, through, into or out
of the Town of Philipstown in violation of the provisions of this article
or without the license provided for herein shall constitute a separate violation
and shall subject the offender to a separate penalty as provided and allowed
under this article.
B.
Each officer and director of a corporation or each partner
or owner of a firm or company which is engaged in the collection or transporting
of garbage, refuse, rubbish or waste within the Town of Philipstown shall
be guilty of a violation of this article where the corporation, partnership,
firm or company which he or she represents is operating without compliance
herewith.
C.
Penalties.
(1)
Notwithstanding any other provisions of this article,
any person, partnership, firm or corporation who or which violates or causes
or participates in any violation of the provisions of this article shall,
upon conviction thereof, be guilty of an offense punishable by a fine not
exceeding $500 or imprisonment for a period not to exceed six months, or both.
For the purpose of conferring jurisdiction upon the courts and judicial officers
generally, violations of this article shall be deemed misdemeanors, and for
such purpose only, all provisions of law relating to misdemeanors shall apply
to such violations. Each day's violation shall constitute a separate,
additional violation.
[Amended 5-4-1989 by L.L. No. 2-1989]
(2)
Notwithstanding the penalties herein provided, 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 any provision of this article.
(3)
The foregoing provisions for the enforcement of the regulations
of this article are not exclusive, but are in addition to any and all other
laws applicable thereto.
