[HISTORY: Adopted by the Village Board of
the Village of New Paltz 5-16-2018 by L.L. No. 3-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Grass, rubbish and trash — See Ch. 124.
[1]
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.
[Amended 4-12-2023 by L.L. No. 3-2023]
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. No individual business entity who owns or leases
residential property within the Village of New Paltz shall enter into
an oral or written agreement with any waste hauling individual or
business to remove solid waste from a residence within the Village
of New Paltz that has not procured the license required by this chapter.
Nothing contained herein shall prevent a resident or property owner
from personally taking solid waste and/or recyclables directly to
a solid waste transfer station without engaging the residential solid
waste licensee approved by the Village of New Paltz.
A.
Licensing officer; application.
(1)
Licensing officer. The Village Clerk shall serve as licensing officer
for the purposes of this section.
(2)
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.
B.
Conditions.
(1)
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.
(2)
Insurance.
(a)
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:
(b)
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.
(c)
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.
(3)
Sanitation Code; recycling.
(a)
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.
(b)
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.
C.
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.
A.
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.
B.
License expiration. The license issued pursuant to this chapter shall
expire 12 months following the date of issuance.
A.
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.
B.
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.
C.
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.
D.
Residential license. It is the intention of the Village to award
only one residential waste hauling license pursuant to this chapter
for refuse collection and disposal and collection of recyclables from
all single-family and multifamily dwelling units with individualized
refuse collection located in Village. Multifamily dwelling units shall
be those with 10 or less separate units. All multifamily dwelling
units with 11 of more separate units shall be considered commercial
for the purposes of this chapter.
[Added 4-12-2023 by L.L.
No. 3-2023]
E.
Commercial license. There is no restriction on the number of commercial solid waste hauling licenses that may be issued for nonresidential properties. However, any commercial waste hauling licensee which does not possess a residential waste hauling license and engages in unauthorized residential solid waste pickup within the Village of New Paltz shall be subject to the suspension and/or revocation of its commercial license in accordance with § 171-7 of this chapter.
[Added 4-12-2023 by L.L.
No. 3-2023]
F.
Incomplete disposal. All licensees shall utilize their best efforts
to pick up any refuse left behind on Village streets or residential
premises as a result of incomplete disposal from approved containers
into the waste hauling vehicles.
[Added 4-12-2023 by L.L.
No. 3-2023]
A.
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.
B.
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.
C.
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]
D.
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.
