No person shall engage in the business of receiving, collecting or transporting refuse, bulk refuse, yard trimmings or brush within the Town of Henrietta without first obtaining a license to carry on such business from the Town of Henrietta and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any person from transporting for the purpose of disposal such refuse, bulk refuse, yard trimmings or brush as is normally generated by such person on his own premises or in his own business.
[Amended 11-16-2016 by L.L. No. 3-2016]
A. 
All applications for a refuse collector license shall be upon the forms provided by the Town.
B. 
Applications, whether for a new license or a renewal, must be completed and received by the Town no later than December 1 preceding the calendar year for which the license sought is to be effective.
C. 
Submission of a late application will be subject to an additional late fee of $250.
D. 
A complete application includes, but is not limited to, the fully filled application from the Town, proof of required insurances and surety, and payment of the application fee.
E. 
Operation without a license due to failure to timely apply and gain approval and issuance of a license prior to operation at the beginning of a calendar year is a violation of this article, subject to penalties and fines set forth herein for each day of unlicensed operation.
[Amended 4-3-1985]
A. 
Licenses issued pursuant to this law shall be for a period of one year or less, subject, however, to the revocation thereof as provided herein. An annual fee set by the Town Board shall be charged.
B. 
The Town Clerk is hereby authorized to issue temporary permits to any licensed collector to use such additional trucks as are necessary for a period not to exceed 30 days for a fee as determined by the Town Board.
[Amended 2-18-2015 by L.L. No. 1-2015]
A bond in the sum of $25,000 shall be executed by every person or corporation engaged in the refuse collection business within the Town of Henrietta and shall be filed with the Town Clerk before such license shall be issued. Such bond shall be conditioned that said licensee shall comply with the laws, codes, ordinances and regulations of the State of New York, County of Monroe, Town of Henrietta and all lawfully issued orders of the Town Board and that the Town of Henrietta will be indemnified and held harmless from any and all claims for damages or liabilities caused by or arising out of any act or omission of the licensee, his agents or employees or by his failure to comply with applicable statutes, ordinances, rules, regulations or orders. Said bond shall be in such form and contain such sureties as shall be approved by the Town Board or its designated representatives.
A. 
Every license issued by the Town Clerk pursuant to this law shall be subject to the following conditions:
(1) 
Vehicles used by licensed waste collectors in the collection and transportation of refuse in the Town of Henrietta shall have watertight, enclosed, compaction-type bodies.
[Amended 6-20-2001 by L.L. No. 3-2001]
(2) 
Licensees shall be allowed to use open service trucks for emergency use and also for the purpose of collecting bulk refuse.
(3) 
The vehicles used by collectors shall be subject to inspection by the duly authorized and designated representative of the Town Board of the Town of Henrietta, to ensure that there is compliance with the law as to the type of vehicle and the existence of a license on the vehicle.
(4) 
All trucks must have a minimum liability insurance policy for personal injuries in the amount of $500,000 per person and $1,000,000 per accident and $100,000 coverage for property damage. A certificate of insurance must be furnished by each collector indicating these limits, including contractual liability, and the Town of Henrietta is to be named on this policy as an additional insured.
[Amended 4-3-1985; 3-4-1992]
(5) 
The collector shall collect all brush, bulk refuse, garbage, refuse and yard trimmings placed in containers once each week for residential properties. Commercial apartments and industrial pickup shall be as frequent as requested by the customer per agreement between customer and collector or at least once each week.
[Amended 4-3-1985]
(6) 
No collection work shall be made on Sundays or holidays, with the exception of commercial establishments, and no work shall commence earlier than 6:00 a.m., and all collection work shall stop at 6:00 p.m.
(7) 
All garbage, ashes and refuse shall be removed from the location without spilling on the garage floor, driveway or where receptacles are kept per agreement between the resident and collector. The collector shall in all cases replace the containers and covers in the location where found and relatch all doors or gates it may be necessary to open for the purpose of making collections.[1]
[Amended 6-20-2001 by L.L. No. 3-2001]
[1]
Editor's Note: Original § 11A(8), which immediately followed this subsection and dealt with the placement of containers for collection, was repealed 6-20-2001 by L.L. No. 3-2001. See now § 234-4C.
(8) 
Residue from construction and demolition as well as trees/branches cut down by professional tree surgeons shall be removed by these individuals or the homeowner and are not the responsibility of the refuse collectors.
[Amended 4-3-1985]
(9) 
All trucks shall be securely covered while going to and from points of collection, and the scattering of garbage, ashes and refuse in the street shall be prohibited.
[Amended 3-4-1992]
(10) 
The collector must provide forthwith and at all times during the year a telephone and be prepared to receive and answer messages from 8:00 a.m. to 5:00 p.m. every business day of the year.
(11) 
No individual, whether owner, officer or director of a corporation or partner, will be eligible for a license if the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Board, renders the applicant unfit or undesirable to carry on with the duties involved with a collector. The Town Board may also refuse a license to any person who, in its judgment, shall be an undesirable person or incapable of properly conducting the operations of a collector.
(12) 
All residential collectors shall submit to the Town Board their route boundaries and a list of fees charged.
[Amended 4-3-1985; 6-20-2001 by L.L. No. 3-2001; 8-19-2015 by L.L. No. 7-2015]
(13) 
No owner, collector or employee shall be under the influence of liquor or use insolent or improper language during pickup or when receiving complaints over the telephone.
(14) 
The collector shall issue to his customers on an annual basis, at his own expense, written information giving his name, address and telephone number, stating the day upon which collection will be made. Said written information shall contain a summary of services to be rendered by the collector and conditions for pickup, as well as any discounts that may apply to any group.
[Amended 4-3-1985]
(15) 
Any changes in ownership in individual officers, stockholders or directors of a corporation, where the license is not affected, must be reported to the Town Board within five days. Said changes must be approved by the Town Board, but such approval shall not be unreasonably withheld.
(16) 
No collector shall refuse to render service when asked by an individual, and the collector shall continue his service during any dispute with any individual, but the collector shall have the right to appeal to the Town Board relative to continuing the service of any individual. If in doubt, the case is to be reviewed by the Town Board or its designated agent. The Town Board shall render a decision within 30 days of the appeal.
(17) 
No additional charges shall be assessed to collect in advance for services, however a service fee may be charged on accounts in arrears at the end of the billing period. The amount of such service fee must be so stated on quarterly billings.
[Amended 4-3-1985]
(18) 
Collectors are not responsible for brush, bulk refuse, garbage, refuse or yard trimmings that originate at any residence or establishment other than the owner's or customer's.
[Added 4-3-1985]
(19) 
Each collector shall comply with the Residential Refuse Collection Map and permissible days of operation set forth herein. This requirement does not apply when there are three or fewer licensed collectors in Town. Instead, each licensed refuse collector must complete all of their refuse collection (both solid waste and recycling) for given section of a neighborhood street on a single day, thus ensuring there are a maximum of three days of refuse collection per neighborhood section (when accounting for all licensed refused collectors).
[Added 8-16-2017 by L.L. No. 5-2017; amended 6-30-2021 by L.L. No. 8-2021]
B. 
Violation of any of the foregoing regulations or any other provision of this Part 1 shall be cause for revocation of the license of any collector holding a license hereunder. The Town Board shall have the power to revoke any such license for cause shown after a hearing on 10 days' written notice to the license holder, specifying the nature of the violation, the complaint of said violation being in writing, signed by the complainant.
[Added 8-16-2017 by L.L. No. 5-2017]
A. 
The Town Board is authorized, from time to time, by resolution, to determine and establish solid waste and recycling collection areas and the days of the week on which the solid waste and recycling collection businesses may operate within those solid waste and recycling collection areas for residential refuse collection. Each such area will have residential refuse collection occur at a maximum of three days per week. Such resolution shall approve a map (the "Residential Refuse Collection Map"), setting forth the solid waste and recycling collection areas and the days of the week on which the solid waste and recycling collection businesses may operate to collect residential refuse within those solid waste and recycling collection areas.
B. 
Filing of map. After the resolution of the Town Board accepting the map of the Town containing the solid waste and recycling areas of collection and the days of the weeks when solid waste and recycling collection is allowed for residential refuse collection within those areas, such map shall be filed with the Clerk of the Town of Henrietta. The Clerk of the Town of Henrietta shall notify every residential solid waste and refuse collection business operating within the Town of the solid waste and recycling areas of collection by sending them a filed map containing the collection areas.
C. 
Notice to solid waste and recycling collection businesses. Mailing of the filed map shall be sufficient notice that the solid waste and recycling collection businesses have knowledge of the solid waste and recycling collection areas and the days of the week that residential solid waste and recycling collection is allowed.
D. 
Duration of residential solid waste and recycling collection area designations. All solid waste and recycling areas of collection and the allowed days of the week for the collection of residential refuse shall remain in full force and effect unless subsequently modified by a resolution of the Town Board.
E. 
The requirements of this section “Refuse collection days of operation for residential pickup and refuse collection map” shall only apply when there are more than three licensed collectors in Town. When there are three or fewer licensed collectors, the Residential Refuse Collection Map will not be applicable, and no restrictions on daily route schedules will be applicable therefrom. Instead, each licensed refuse collector will be required to complete all of their refuse collection (both solid waste and recycling) for given section of a neighborhood street on a single day.
[Amended 6-30-2021 by L.L. No. 8-2021]
(1) 
At such a time as a fourth collector is licensed to operate in the Town, the Residential Refuse Collection Map will be applicable, and will be updated to reflect the daily route schedules of the then current providers, subject to the discretion of the Town. Any licensed collector in addition to three will be required to collect on a collection day already established by the pre-existing collectors, or would otherwise need to negotiate with an existing refuse collector to agree to change the day(s) for a specific neighborhood, all subject to approval by the Town.
(2) 
The Refuse Collection Map shall be updated by printing the following in large text across the current version: This Map is not currently applicable, as per Town Code § 234-11 as there are three or fewer licensed collectors. The data on the map is no longer accurate and is not currently being maintained as per Town Code § 234-11.1. This text will be removed should this Map become applicable.