The purpose of this chapter is to maintain and promote the orderly use
of refuse containers and collection of refuse in the most efficient and economical
manner within the Town of Pound Ridge, while at the same time serving the
public convenience and promoting all reasonable efforts to further the recycling
of glass, newspaper and other materials. It is the policy of the Town of Pound
Ridge that the accomplishment of these purposes may be best achieved by the
Town's regulation of refuse collection with regard to financial responsibility,
collection routes and procedures and sensitivity to the interests of the public.
This chapter, therefor, embodies the Town's standards, requirements and
procedures for the use of refuse containers and regulation of the refuse collection
industry within the Town of Pound Ridge.
For the purpose of this chapter, the following words and terms shall
be deemed to have the meanings herein given to them:
HAZARDOUS WASTE
Discarded materials that can cause acute or chronic health effects
in humans or are combustible liquids, explosives or corrosives. Examples include
but are not limited to petroleum products, degreasing solvents and pesticides.
REFUSE
All putrescible and nonputrescible solid wastes, except body wastes,
including any wastes commonly referred to as "garbage," "rubbish" and "ashes,"
but excluding leaves, grass clippings, tree limbs and other yard waste and
hazardous waste.
TOWN
The area of the Town of Pound Ridge.
All vehicles used in the transportation of refuse and/or construction
or demolition wastes within the Town shall be kept in a sanitary condition
and shall be so constructed as to prevent leakage in transit. The body of
the truck shall be wholly enclosed or shall at all times be kept covered with
an adequate cover or canvas cover provided with eyelets and rope and tied
down. Loading of vehicles shall be done in such manner as to prevent spilling
or loss of contents. All persons licensed hereunder shall use packer-type
trucks for normal collection purposes. The use of small non-packer-type auxiliary
vehicles may be approved if so stated on the application forms. Vehicles shall
be maintained in such condition as to prevent mechanical breakdown and disruption
of collection. The name of the licensee and the license number shall be printed
conspicuously on each vehicle, and a decal issued by the Town Clerk shall
be displayed on the left front bumper. The Town Clerk shall be notified within
10 days after any vehicle is replaced or substituted by the licensee.
All refuse collected hereunder shall be hauled to a governmentally approved
disposal facility, except such refuse which may be separately collected for
recycling purposes. The schedule of operation and all matters pertaining to
the control and operation of the disposal facility shall be under the supervision
of the custodian of the facility. The licensee shall promptly furnish the
Town Clerk a monthly report of its tonnage disposed from the Town.
The licensee shall be directly responsible to the customers and commercial
customers it services and to the Town Board of the Town and shall collect
and dispose of refuse in accordance with such rules and regulations. The enforcement
of this chapter shall be the duty of the Town Board of the Town and such other
office, commission, agency or official as the Town Board may designate. The
Town Board shall adopt such rules and regulations as it may deem appropriate
and necessary to enforce, implement and carry out the provisions and purposes
of this chapter, provided that said rules and regulations are not inconsistent
with the provisions hereof.
Any dispute or controversy arising from any cessation or diminution
of service or any other alleged failure of a licensee's responsibility
to the residents, owners or occupiers it services or any other person or any
alleged failure of the responsibility of a resident or any other person to
the licensee shall, on complaint of either party to such dispute, be referred
for binding arbitration to the Town Board. All proceedings hereunder shall
be conducted under such rules as the Town Board may from time to time promulgate.
Pending issuance of any decision determining any dispute so referred, the
licensee shall continue to provide proper pickup and disposal service to the
customer. This section shall not be deemed to replace any other enforcement
provisions of this chapter.
The fee schedule to be charged by a licensee for any service to be performed
under such license shall be set forth in its application for such license.
The fee schedule for the license period shall remain in effect for the license
period, as defined herein.
A. The billing of fees by the licensee shall conform to
the method of billing set forth in the licensee's application and shall
be consistent with the provisions of this chapter.
B. No customer shall be deemed to be in default hereunder,
regardless of the billing method of the licensee, until such time as the services
required of the licensee shall have been fully performed. No customer shall
be required to pay the full rate unless the licensee provides the required
services per his agreement with the customer, except where emergency conditions
are declared to exist by the Town Supervisor.
Notwithstanding any other remedy provided herein, any person committing
an offense against this chapter shall, upon conviction, be guilty of violation
and shall be subject to a fine of not more than $250, and a licensee may be
subject to a revocation of any license granted hereunder as determined by
the Town Board after public hearing.
Any action brought hereunder shall be commenced within three months
of the date of the alleged violation.