[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls 5-29-1992 by L.L. No. 5-1992.
Amendments noted where applicable.]
This chapter shall be known and cited as the
"Refuse Collection Law of the Village Wappingers Falls."
The purpose of this chapter is to maintain and
promote the orderly collection of refuse in the most efficient and
economical manner within the Village of Wappingers Falls, while at
the same time serving the public convenience and promoting all reasonable
efforts to further the recycling of glass, newspapers and materials.
It is the policy of the Village of Wappingers Falls that the accomplishment
of these purposes may best be achieved by Village-wide residential
refuse and garbage collection performed by private carters under contracts
between the carters and the Village. This chapter, therefore, embodies
the Village's standards, requirements and procedures for the regulation
of refuse and garbage collection within the Village of Wappingers
Falls.
As used in this chapter, the following terms
shall have the meanings defined herein:
Only a container or cart provided by a contractor, as defined
below, shall be approved for Village-wide residential refuse and garbage
collection.
[Amended 11-12-2009 by L.L. No. 10-2009]
Lumber, concrete, pipe, roofing, brick, masonry and any other
materials from buildings and other structures.
The collection of wastes in centralized steel containers
of two to six cubic yards capacity. Containers may be of the front-load
or rear-load type.
The person or company with whom the district contracts for
Village-wide residential refuse and garbage collection.
An area containing no obstruction within four feet of the
side or edging of the street in front of the respective service unit,
but not the paved portion thereof.
The Village of Wappingers Falls Residential Refuse and Garbage
District, a special district of the Village created pursuant to this
chapter.
All wastes and accumulation of animal, fruit or vegetable
matter that attend or result from the preparation, use, handling,
cooking, service or storing of meats, fish, fowl, fruit, vegetable
matter or any matter whatsoever which is subject to decay, putrefaction
and generation of noxious and offensive gases or odors or which may
serve as breeding or feeding material for flies and/or other germ-carrying
insects.
Wastes that are hazardous by reason of their logical, flammable,
explosive, radiological or toxic characteristics. These wastes are
defined more particularly by 6 NYCRR 371, the applicable provisions
of which regulation are incorporated herein by reference.
Includes refuse normally generated by daily residential activity,
including food wastes and trash placed in approved containers. "Household
garbage" shall not include construction and demolition wastes; newspapers
and magazines; yard waste; bulky trash items; commercial, office or
industrial waste; hazardous materials; special materials.
Includes combustibles, such as paper and wood, and noncombustibles,
such as metal and glass, generated by residential activity.
All putrescible and nonputrescible refuse wastes, except
body waste, including any waste referred to as "garbage," "rubbish,"
"trash," "yard waste" and "ash."
Any person who owns a service unit and is the age of at least
65 years.
A dwelling unit used or which may lawfully be used for residential
purposes, including dwelling units on properties which are primarily
devoted to nonresidential uses or accessory or incidental residential
dwelling units used in connection with principal institutional or
nonresidential uses. Each dwelling unit in a multifamily building
and attached townhouse shall be considered a separate "service unit"
for the purposes of this chapter.
Includes bulky materials or other special wastes that are
not stored in approved containers and cannot be picked up by normally
used collection vehicles.
Includes combustibles, such as paper, wood, etc., and noncombustibles,
such as metal, glass, stone, dirt, etc. "Trash" also includes miscellaneous
discarded household items, such as furniture, appliances, etc.
The cost assessed to a service unit for once-per-week curbside
collection of refuse, except apartment complexes, condominium complexes
and co-op complexes which shall receive twice-per-week collection,
if needed, at no additional unit charge or charges.
The Village of Wappingers Falls, a municipality of the State
of New York, or the responsible officials thereof.
All or any portion of the matters covered by the contract
documents in connection with the contract between the district and
the contractor.
Includes all grass, brush, shrubbery and tree trimmings,
as well as leaves, branches and other plant matter not mixed with
other types of refuse.
A.
Residents shall use approved containers for storage of household garbage, except as hereinafter provided. Said containers shall be kept or placed in a single location readily accessible to the collector. Garbage, rubbish or refuse that cannot be placed in an approved container will not be collected by the contractor. For curbside collection, containers for each service unit shall be placed within four feet of the curb no earlier than 4:00 p.m. on the day preceding a scheduled collection. Containers shall only be permitted at curbside until 9:00 a.m. on the day following the scheduled collection. In the event that any service unit requires additional containers or carts due to the volume of household garbage, rubbish or refuse generated by said service unit, then, in that event, additional containers will be provided by the contractor at an additional fee. Said fee is subject to the terms of § 128-9 below. It shall be unlawful for any person to place for collection household garbage, rubbish or refuse in any manner other than within an approved container as defined in this statute.
[Amended 1-14-1998 by L.L. No. 1-1998; 11-12-2009 by L.L. No. 10-2009]
B.
Neither newspapers and magazines nor yard waste shall
be intermingled with or placed together for collection with either
household garbage or trash.
C.
Newspapers and magazines to be picked up by the contractor
shall be bundled and placed at curbside or other appropriate collection
location no later than 7:00 a.m. on scheduled newspaper and magazine
collection days. Newspapers and magazines shall only be permitted
at curbside 6:00 p.m. on the night before a scheduled collection.
D.
Household trash to be picked up by the contractor
shall be placed at curbside no later than 7:00 a.m. on scheduled household
trash collection days. Household trash shall only be permitted at
curbside for up to five days prior to 7:00 a.m. on scheduled household
trash collection days.
E.
For apartments and condominiums equipped with bulk
containerized service (dumpsters) for household garbage collection
by the contractor, containers shall be kept and maintained in a clean
and sanitary condition and shall be completely closed at all times,
except when actually being used for deposit of household garbage and
shall be adequately secured to prevent spillage by dogs, raccoons
or other animals.
F.
It shall be unlawful for any person to accept or allow
for collection at his service unit, whether owned or occupied, any
garbage, rubbish or refuse of another.
G.
All garbage, rubbish and refuse generated through
the ownership or occupancy of a service unit must be disposed of with
the person or company with whom the district contracts for Village-wide
residential refuse and garbage collection.
A.
Owners and occupiers of nonresidential properties
in the Village of Wappingers Falls who contract for the purpose of
storage of refuse shall comply with the following requirements with
respect to such containers:
(1)
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, except when actually
being used for deposit of refuse.
(2)
Such containers shall be posted with a conspicuous
sign or signs, decals or other legend, as required by the Village
Engineer, who shall approve the location and content of the sign or
signs, which shall advise the public, in a manner satisfactory to
the Village Engineer, that members of the public are prohibited from
depositing refuse in, on top of or adjacent to such containers.
(3)
The provisions of this subsection shall take effect
immediately and shall apply to existing containers in the Village
of Wappingers Falls.
B.
No unauthorized person or entity, as hereinafter defined,
shall deposit refuse in a bulk refuse container within the Village
of Wappingers Falls. No person or entity shall deposit refuse in a
container utilized for recycling purposes in any location within the
Village of Wappingers Falls. 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 addressee, 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 bulk refuse container
owned, leased or contracted for by another person or entity.
A.
License required. It shall be unlawful for any person,
firm or corporation to regularly collect refuse and/or construction
and demolition wastes or to collect any material for recycling within
the Village of Wappingers Falls without first obtaining a license
from the Village, excepting Village-wide residential refuse and garbage
collection performed by a private carter under a contract between
the carter and the Village or district. Any licensee hereunder shall
not refuse service during the license period to any owners or occupiers
of properties in the Village of Wappingers Falls requesting the same,
subject to the routing, rates and billing set forth and approved in
the licensee's application and to the regulations of the Village Board.
B.
Application for license. Application for a license
to regularly collect refuse within the Village of Wappingers Falls
shall be made at the office of the Village Clerk of the Village of
Wappingers Falls 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 Village Clerk shall refer the same to the Village Board which
shall act thereon.
C.
Contents of application.
(1)
The form of application shall be as determined from
time to time by the Village Board of the Village of Wappingers Falls
and shall include the following information:
(a)
A detailed description of the applicant's equipment,
including age, make and the mechanical condition of each vehicle used
by the applicant in the collection of refuse within the Village of
Wappingers Falls.
(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 Village Board may require
an audited balance sheet and financial statements.
(d)
Proposed rates for collection of refuse.
(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.
(f)
Detailed information relating to the applicant's
insurance coverage.
(g)
The number of customers as of the last billing
date, current and proposed 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)
Method of billing.
D.
Insurance.
(1)
The certificate of insurance to be filed with the
application shall be approved as to form and sufficiency by the Village
Attorney and shall be executed by the 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:
(a)
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
within the corporate limits of the Village of Wappingers Falls.
(b)
The disposal of such refuse, construction and/or
demolition wastes and bulk pickups to and within the designated and
approved disposal areas.
(c)
Protecting the Village of Wappingers Falls,
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.
(2)
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 Village Clerk of the Village of Wappingers
Falls 30 days prior to any change in the condition of the certificate
of insurance or any expiration or cancellation thereof.
E.
License fee. The license fee shall be as set forth
by resolution of the Board of Trustees 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 by resolution of the Board of Trustees 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 not
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 2-12-1997 by L.L. No. 3-1997]
F.
Any license granted hereunder shall not be assignable
or transferable, except upon the written consent and approval of the
Village 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
Village Clerk shall be notified of any change in the equitable, legal
or beneficial ownership of the licensee within 10 days of such change,
including by operation of law.
All vehicles used in the transportation of refuse
and/or construction and demolition wastes within the Village of Wappingers
Falls 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 for tying 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 so maintained in such condition as to prevent
mechanical breakdown and disruption of garbage collection. On each
licensed vehicle, the name of the licensee shall be printed conspicuously
on cab doors on both sides, and a decal issued by the Village Clerk
shall be displayed on the left front bumper. The Village Clerk shall
be notified within 10 days after any vehicle is replaced or substituted
by the licensee.
A.
Each licensee shall remedy each customer complaint
from an omitted service or improper handling of 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 in the same manner to complaints from any
resident or village representative concerning any material deposited
improperly within the limits of streets or highway during transit.
B.
Any such complaint or dispute not resolved between
the licensee and the customer shall be referred for binding arbitration
to the Village Board. All proceedings hereunder shall be conducted
under such rules as the Village 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, and the customer shall continue to pay for
services. This section shall not be deemed to replace any other enforcement
provisions provided for under the laws of this state.
The Village Board of the Village of Wappingers
Falls, after receipt of competitive bids from private carters for
residential collection, transportation and disposal, will award contracts
to the lowest responsible bidder for a refuse collection district
or any part thereof, and payments will be a special district charge,
payable on an annual basis during the life of the agreement upon verification
of services. The Village Board may from time to time amend the special
district charge per residential unit upon resolution at a regular
public meeting or special meeting called for this purpose.
The fee schedule to be charged by any licensee
for any service to be performed under such license shall be set forth
in its application for such license. The fee schedule approved by
the Village Board for the license period shall remain in effect for
the license period, as defined herein, unless any change therein is
approved by the Village Board, after a public hearing thereon, upon
a showing of necessity therefor, which shall be specifically related
to any increase in the licensee's cost of operation or doing business.
The foregoing notwithstanding, the Village Board may, upon its own
initiative or the request of a licensee, amend the fee schedule without
a public hearing to reflect changes in the actual disposal cost for
refuse and/or construction and demolition waste at a sanitary landfill,
a solid waste disposal facility or the like; in connection with any
such request, the Village Board may require verified statements of
actual costs and such other information as the Village Board may deem
necessary in order to make its determination.
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 service required of the licensee shall have been fully performed.
No customer shall be required to pay the full rate unless the licensee
provides one collection per week, except:
Notwithstanding any other remedy provided herein, any person committing an offense against this chapter shall, upon conviction, be guilty of a violation and shall be subject to a fine of not more than $350 for a first offense and $500 for each subsequent offense, except for violations of § 128-5B, for which the fine for a first offense shall be not more than $750 and for each subsequent offense ($1,500.), and a licensee may be subject to a revocation of any license granted hereunder as determined by the Village Board after public hearing. Any village police officer or the Village Zoning Enforcement Officer shall be empowered under this section to issue an appearance ticket and file an information or complaint in the Village Court in furtherance of the enforcement of this section.
An action brought hereunder shall be commenced
within three months of the date of the alleged violation.
