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 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.
[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.