[HISTORY: Adopted by the Village Board of the Village of New Paltz 5-16-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
Grass, rubbish and trash — See Ch. 124.
Editor’s Note: This local law also provided for the repeal of former Ch. 171, Solid Waste, Collection of, derived from Ch. 20 of the 1978 Code, as amended.
This chapter shall be known and may be cited as the "Village of New Paltz Solid Waste Collection Law."
The purpose of this chapter is to institute a licensing plan for the collection and management of solid waste and recyclable materials generated or originated in the Village of New Paltz, to promote the safety, health and well-being of persons and property within the Village. It has been determined jointly by the Town and Village of New Paltz that it is appropriate to award a single hauling license to an entity that has submitted a proposal to the Town and Village through the competitive bidding process that is determined to be most beneficial to Town and Village residents.
No person shall engage in the business of removing, collecting, transporting or disposing of garbage, rubbish or other refuse or waste material from properties within the Village of New Paltz without first obtaining a license therefor issued by the licensing officer of the Village of New Paltz.
Licensing officer; application.
Licensing officer. The Village Clerk shall serve as licensing officer for the purposes of this section.
Application. Application for a garbage, rubbish and recyclables collector's license shall be made in writing to the Village Clerk and shall be issued upon approval of such application and payment of the required annual fee. The application shall be furnished by the Village Clerk on forms approved annually by resolution of the Village Board.
Assumption of liability. As a condition to the issuance of a license under this chapter, the private garbage and rubbish collectors shall assume all liability for injury to person or property growing out of performance of the work required and shall agree to indemnify and save harmless the Village of New Paltz from all demands, claims, suits and actions on account of any injury or alleged injury to persons or property that may occur in the performance of the work or on account of any act or omission or alleged act or omission of the private garbage or rubbish collector, its agents, servants or employees.
As a condition to the issuance of a license under this chapter, all private garbage and rubbish collectors shall procure, at their own expense, a motor vehicle liability insurance policy and a general public liability insurance policy in which it is the named insured, with policy limits as follows:
The said liability insurance policies shall insure the private garbage and rubbish collector against any and all claims, demands, causes of action and judgments which may arise, in any manner whatsoever, out of the collection and disposal of garbage, for damages to person or property caused by the negligence of the private garbage and rubbish collector, his agents, servants or employees.
Certificates of insurance shall be filed with the Village Clerk, which shall be revocable only on 10 days' notice in writing. It is understood that the collection and disposal of garbage and rubbish under this chapter shall be performed under the direction of and to the satisfaction of the Village of New Paltz; and as a condition to the issuance of a license under this chapter, all private garbage and rubbish collectors must agree to comply with all reasonable regulations of the Village of New Paltz relating to the collection and disposal of garbage and rubbish, along with all conditions set forth in any franchise agreement entered into between the licensee, Town and Village, and to comply with all the laws of the State of New York relating to the collection and disposal of garbage, rubbish and recyclable materials.
Sanitation Code; recycling.
Ulster County Sanitation Code. In addition to the conditions and requirements of the Village, each licensee shall comply with all of the requirements of the Sanitation Code of the Ulster County Health Department and shall apply for and receive from such Department the permit provided for in said code, and shall also comply with all of the requirements of the Ulster County Health Commissioner in the issuance of such permit. All definitions set forth in the Ulster County Sanitation Code shall apply to this chapter.
Recycling mandated. All applicants must agree to provide and collect all recyclable materials produced at properties in question, pursuant to § 304-13A of the Ulster County Code. Failure to provide recycling containers, or failure to provide an adequate number of recycling containers, shall result in a fine as determined by the Village Board at the last meeting at which the amount of such fine was established or amended, in addition to any fine or fee payable to any other state or local government entity with jurisdiction.
Grounds for refusal. If the licensing officer shall determine that the applicant is not a fit and proper person to carry on the business of garbage and rubbish collection, he may refuse to grant a license. Upon written request of the applicant, the licensing officer shall specify, in writing, the grounds for refusal.
License fee. At the time of the issuance of a license, the Village Clerk shall collect a fee therefor, the amount of which shall be that determined by the Village Board by annual resolution, in addition to any fee payable to any other state or local governmental entity having jurisdiction over the licensee.
License expiration. The license issued pursuant to this chapter shall expire 12 months following the date of issuance.
Pickup schedule. Any person or firm licensed under the provisions of this chapter shall maintain a pickup schedule of at least once a week for all customers.
Blocking of traffic. Any licensee under the provisions of this chapter shall not operate or permit to be operated any vehicle or equipment so as to block any crosswalk or interfere with the movement of traffic on any public street or highway.
Use of containers. Garbage, refuse and recycling containers shall be provided in accordance with any applicable franchise agreement awarded to the licensee, or otherwise of impervious substances, and of sufficient strength and size to securely contain such waste material and shall be kept covered at all times except for loading and unloading. Such containers shall not be stored or placed in front of the building line of the principal building on each lot except to facilitate refuse collection during a period beginning no more than 15 hours before the scheduled time of collection and extending no more than 15 hours thereafter.
Revocation. Whenever the licensing officer shall determine that a licensee is violating any applicable provision of the Village of New Paltz Municipal Code, any applicable franchise agreement or any applicable state or county law, rule or regulation, the licensing officer, after notice and hearing, may revoke said license.
Notice of hearing. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least 10 days prior to the date set for hearing.
Appeals. Any person aggrieved by the action of the licensing officer in the denial of an application for a license or in the decision of the licensing officer with reference to the revocation of a license as provided for in this section shall have the right to appeal to the Village Board. Such appeal shall be taken by filing within 14 days after notice of the action complained of has been mailed to such person's last known address, together with a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive. For purposes of this chapter, the term "fit and proper person" shall mean the applicant for such license with which the Village and Town of New Paltz have entered into a franchise agreement effective as of the date of the issuance of the license.
[Amended 8-22-2018 by L.L. No. 12-2018]
Suspension. In case of an emergency or a serious threat to public safety, health or welfare, the licensing officer may suspend a license until such time as a final determination can be had on the revocation of a license under this section. For good cause, the Village Board may remove such suspension pending final determination subject to such terms and conditions as it deems appropriate or necessary to safeguard the public safety, health or welfare.
Any person or firm who shall violate any provisions of this chapter shall be guilty of a violation pursuant to the Penal Law; provided, however, in no case shall the fine imposed exceed $250. In addition, the Village Board may maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
In the event that the terms of any franchise agreement for the collection of solid waste and recyclable materials entered into between the licensee and the Town and Village conflict with or deviate from this chapter, the terms of the franchise agreement then in effect shall govern.