[HISTORY: Adopted by the Town Board of the Town of Pound Ridge 9-14-1989
as L.L. No. 8-1989. Amendments noted where applicable.]
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:
Lumber, concrete, pipe, brick, masonry and other materials from buildings
and other structures.
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.
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.
The area of the Town of Pound Ridge.
A.
Owners and occupiers of property shall use rigid containers
for the storage of refuse, except as hereinafter provided. Each container
shall be practical, suitable and of sufficient strength for the purpose of
holding the material intended to be disposed of and a maximum gross weight,
when filled, of 60 pounds and shall be equipped with suitable handles and
a tight fitting cover. Each owner's or occupier's containers for
the storage of refuse shall be kept or placed in a single location readily
accessible to the collector. The containers shall be maintained in a sound
and sanitary condition by the resident.
[Amended 3-2-1995 by L.L. No. 2-1995]
B.
Containers in excess of permitted capacity.
(1)
Owners and occupiers of properties in the Town who contract for or permit on their property containers for the purpose of storage of refuse in excess of the maximum capacity permitted as stated in Subsection A above shall comply with the following requirements with respect to such containers:
[Amended 3-2-1995 by L.L. No. 2-1995]
(a)
Such containers shall be kept and maintained in a clean
and sanitary condition and in good repair with operating lids and shall be
completely closed at all times when in use.
(b)
Such containers shall be posted with a conspicuous sign
or signs, decals or other legend as approved by the Town Board and available
at the Town Clerk's office. These signs shall be posted in such a manner
as to advise the public that they are prohibited from depositing refuse in,
on top of or adjacent to such containers.
C.
No unauthorized person or entity, as hereinafter defined,
shall deposit refuse in a refuse container within the Town. No person or entity
shall deposit refuse in a container utilized for recycling purposes in any
location within the Town. No person or entity shall deposit hazardous waste
or leaves, grass clippings, tree limbs or other yard waste in a container
used for refuse or recycling purposes in any location within the Town. The
finding of refuse in any such containers, which refuse in part contains material
bearing the name or other identifying mark of a person or entity as addressed,
shall create a rebuttable presumption that the person or entity to whom such
material was found to be addressed deposited such refuse without authorization
and in violation of this chapter. "Unauthorized person or entity," as used
herein, shall mean a person or entity utilizing a refuse container owned,
leased or contracted for by another person or entity without the consent of
such person or entity.
D.
No licensee shall knowingly pick up hazardous waste or
leaves, grass clippings, tree limbs or other yard waste for disposal as refuse.
A.
License required. It shall be unlawful for any person,
firm or corporation regularly to collect refuse and/or construction and/or
demolition wastes or to collect any material for recycling within the Town,
except from his own residence or business property, without first obtaining
a license from the Town. Separate licenses shall be issued hereunder for residential
and commercial collectors. Any licensee hereunder shall not refuse service
during the license period to any customer in the Town requesting the same,
subject to the routing, rates and billing set forth in the licensee's
application and to the regulations of the Town Board.
B.
Application for license. Application for a license to
regularly collect refuse within the Town shall be made at the office of the
Town Clerk of the Town, on forms provided by said office. The applicant shall
file with his application a certificate or affidavit of insurance as hereinafter
set forth, shall pay the required license fee and shall fill out and answer
all questions required to be answered by the application form. Upon receipt
of such application properly completed and executed, the Town Clerk shall
refer the same to the Town Board for its consideration and action.
C.
Required information.
(1)
The form of application shall be as determined from time
to time by the Town Board and shall include the following information:
(a)
A detailed description of the applicant's equipment,
including age, make, lien, if any, and the mechanical condition of each vehicle
used by the applicant in the collection of refuse within the Town.
(b)
A detailed description of the applicant's work force.
(c)
A balance sheet and financial statement prepared and
submitted by a public accountant on behalf of the applicant, setting forth
in detail the applicant's financial operations for the year immediately
preceding the period for which the license is sought or the latest available
financial statement, with express consent to full disclosure to the public
of all information contained in said balance sheet and financial statement.
The Town Board may require an audited balance sheet and financial statement.
(e)
Owners, stockholders and related businesses:
[1]
The names and addresses of actual or beneficial owners
and creditors of the business or, if incorporated, the stockholders, directors,
officers and creditors of the corporation.
[2]
A detailed description of all related businesses owned by or employed with the applicant or related businesses which any of the persons listed in Subsection C(1)(e)[1] may hold.
(f)
Detailed information relating to the applicant's insurance coverage as set forth in Subsection D of this section.
(g)
The number, separately stated, of commercial customers
and residential customers as of the last billing date, current collection
routes and each rate presently charged.
(h)
Contingency plans for providing service in the event
of equipment failure, labor or other factors causing or threatening to cause
an interruption or diminution of service.
(i)
The method of billing.
(j)
Evidence of compliance with applicable governmental sales
and/or income tax laws.
D.
Insurance. The certificate of insurance to be filed with
the application shall be approved as to form and sufficiency by the Town Attorney
and shall be executed by authorized representatives of a duly qualified insurance
company, licensed to do business in the State of New York, evidencing that
said insurance company has issued liability and property damage insurance
policies covering the following:
(1)
All operations of the applicant or any other person,
firm or corporation employed or engaged by him in the collection of refuse,
construction and/or demolition wastes and bulk pickups with the Town.
(2)
The disposal of such refuse, construction and/or demolition
wastes and bulk pickups to and within the designated and approved disposal
areas.
(3)
Protecting the Town, the public and any person from injuries
or damages sustained as a result of the negligence of the licensee, its servants,
agents, contractors and employees in carrying out the activities permitted
under the terms of this chapter.
(4)
The certificate of insurance shall specifically evidence
the following amounts of insurance coverage, which shall remain in effect
for the term of the license, and shall provide that written notice shall be
given to the Town Clerk of the Town 30 days prior to any change in the conditions
of the certificate of insurance or any expiration or cancellation thereof:
E.
License fee. The license fee shall be as set forth in
the Schedule of Fees[1] per year per normal working truck with a capacity of 10 cubic
yards or greater. If issued after July 1 of any year, the license fee for
the remainder of the fiscal year shall be apportioned on the basis of a twelve-month
period. For trucks with a capacity of less than 10 cubic yards, the license
fee shall be as set forth in the Schedule of Fees[2] for a full year and apportioned as hereinabove provided if issued
after July 1 of any year. Additional trucks shall be licensed from time to
time at the applicable apportioned rate. Truck licenses may be transferred
to other or different trucks owned by the licensee or otherwise. No refund
will be granted for a licensed truck which is not operated for the entire
license period.
[Amended 5-2-1991 by L.L. No. 2-1991]
F.
Action by the Town. Upon receipt of any application for
a license hereunder, the Town Board shall investigate or cause to be investigated
all statements set forth or included in the same and shall, within 60 days
after receipt of said application, decide to grant or deny the application
upon the entire record. Such decision shall be filed with the Town Clerk,
who shall issue, upon receipt of any approval of such application, a license
hereunder containing such terms and conditions as the Town Board requires
in its decision.
G.
License period. All licenses issued pursuant to this
chapter on or after September 1, 1989, shall be valid and in effect for a
period of up to one year from the date of issuance of said license, subject
to the provisions of this chapter.
H.
Expiration and renewal of licenses. All licenses shall
expire at the end of the license period, unless sooner revoked or suspended
by the Town Board. Applications for renewal licenses shall be filed not less
than 30 days prior to the end of the license period and shall be treated as
new applications. If an application is filed by a previously unlicensed collector
for the current license period, it shall be filed not less than 30 days prior
to the date the applicant desires it to become effective.
I.
Any license granted hereunder shall not be assignable
or transferable except upon the written consent and approval of the Town Board.
Any transfer of a majority of the equitable, legal or beneficial interest
in the ownership of a licensee shall automatically terminate the validity
of any license issued to such licensee. The Town Clerk shall be notified of
any change in the equitable, legal or beneficial ownership of the licensee
within 10 days of such change, including a change by operation of law.
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.
A.
The licensee shall publish, file with the Town and distribute
to each owners or occupiers of property it proposes to service, in advance,
its collection schedule, which shall not be changed without the consent and
approval of the Town Board and without further notice to the owners or occupiers
of property.
[Amended 3-2-1995 by L.L. No. 2-1995]
B.
The licensee shall include in its schedule provision
for the pickup of reasonable amounts of additional refuse not otherwise collected
within the provisions of this chapter.
C.
Licenses shall cooperate with the Town and its designated
representatives and agencies to promote and carry out recycling of paper and
other products, including but not limited to the periodic collection of newspapers
and other recyclable items as shall be mutually agreed upon, from time to
time, between the Town and the participating licensees.
D.
All pickups shall be done only on Monday through Saturday
between the hours of 7:00 a.m. and 7:00 p.m. of each day.
[Amended 3-2-1995 by L.L. No. 2-1995]
A.
Each licensee shall remedy each resident owner or occupier
complaint of an omitted service or improper handling or collections or other
matters within 24 hours of the time received. Complaints called in prior to
6:00 p.m. on any day shall be deemed to be received at 6:00 p.m. on said day.
Sundays shall be excluded from this time period. The licensee shall respond
to a Town representative concerning any material deposited improperly within
the limits of streets or highways during transit.
B.
Each licensee must maintain an answering service or facility
24 hours per day every day of the week.
C.
The licensee hereunder shall be responsible for maintaining
records of all messages and complaints received by him, said record to be
available for inspection by the Town Board or its designee. The record of
each complaint shall include the name of the complainant and the disposition
thereof made 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.
