[Adopted 6-8-1973 by Ord. No. 42]
No person shall conduct or engage in the occupation
of gathering, collecting or disposing of filth, waste products, refuse,
rubbish or trash within the limits of the Village of Westhampton Beach
unless such person shall have obtained previously a special license
therefor.
A person to whom a special license hereunder
has been issued shall conduct or engage in the occupation covered
by this article only during the hours of 7:00 a.m. and 6:00 p.m.,
prevailing time, except in business zoned districts where the hours
shall be 6:00 a.m. to 7:00 p.m., this provision being deemed necessary,
as a matter of legislative determination, for the protection of the
public health and the preservation and protection of the public streets.
A.
Application for a special license shall be made to
the licensing officer of the Village of Westhampton Beach on forms
prescribed by the licensing officer.
B.
Every application for a license shall be sworn to
before a notary public. In addition to such other information as the
licensing office or the Board of Trustees may deem necessary, every
application shall set forth:
(1)
The applicant's full name and residence; and, if the
application is being made by a corporation, association or joint-stock
association, the names and addresses of all officers, directors, stockholders
or members shall be given; and, if made by a partnership, the names
and addresses of all partners shall be given.
(2)
The year, type and make of the motor vehicle or vehicles
to be used in carrying on said occupation and whether said vehicle
or vehicles are covered or uncovered.
(3)
The place or places where said vehicle or vehicles
will be stored or garaged.
(4)
The place or places where the filth, waste products,
refuse, rubbish or trash will be taken, placed or dumped.
(5)
Whether the applicant has previously been licensed
to engage in or conduct said occupation and, if so, whether his license
has ever been revoked and for what cause.
Whenever, in the judgment of the Board of Trustees,
the vehicles to be used, the places in which they will be stored or
garaged, the places to which filth and other materials described herein
will be taken, placed or dumped or other factors relating to the application
are or will be injurious to or inconsistent with the protection of
the property, safety and health of the inhabitants of the Village
no license shall be issued.
A.
Any license issued hereunder shall run for a period
of one year following the date thereof, unless sooner revoked.
B.
Any license issued pursuant to this article may be
revoked by the Board of Trustees of the Village of Westhampton Beach,
after due notice to the person affected by such revocation and an
opportunity afforded him to be heard, for any of the following reasons:
(1)
Whenever, in the judgment of the Board of Trustees,
the licensee is conducting or engaging in the occupation covered by
this article or the vehicles used by him are used to conduct or carry
on said occupation in the manner injurious to or inconsistent with
the protection of the property, safety and health of the inhabitants
of the Village of Westhampton Beach.
(2)
Fraud or misrepresentation in the application for
the license.
(3)
Any assignment or transfer of the license to another
person.
[Amended 5-14-2001 by L.L. No. 7-2001]
The fee for the license provided for herein
shall be fixed and established from time to time by resolution of
the Board of Trustees.[1]
A.
Each violation of this article shall be punishable
by a penalty of not more than $250, and a separate and distinct offense
shall be deemed committed on each day during or on which a violation
occurs or continues. In addition to such fine, the defendant shall
pay all costs and expenses incurred by the Village of Westhampton
Beach in determining such violation.
[Amended 4-8-1988 by L.L. No. 9-1988]
B.
In case of any violation of this article, the Board
of Trustees, in addition to other remedies provided by law, may take
any other appropriate action or institute any proceeding to prevent
the unlawful continuance of the violation and to restrain, correct
or abate such violation.
C.
Each person violating this article, including the
owner and lessee of a building, structure or premises where such violation
has been committed or shall exist, or any other person who knowingly
commits, takes part in or assists in any such violation shall be liable
for and pay a penalty not exceeding $250.
[Amended 4-8-1988 by L.L. No. 9-1988]
