No person shall engage in the business of receiving, collecting, transporting
or disposing of garbage, rubbish, trash or other wastes for hire within the
Town of Hamburg without first obtaining a license to do so from the Town Clerk
and paying the fees for such licenses as may, from time to time, be fixed
by the Town Board.
Applications shall be upon forms supplied by the Town Clerk. At the
time of making such application, the applicant must furnish to the Town Clerk
a schedule of intended pickup days on the various highways, streets and roads
within the Town of Hamburg, the schedule of rates, and charges to be paid
by the respective residential customers, together with a list of vehicles
to be used by the applicant and the license numbers thereof.
A bond in the sum of $5,000 shall be executed by every person, firm
or corporation engaging in refuse collection business within the Town of Hamburg;
said bond shall be filed with the Town Clerk before such license shall be
issued. Such bond shall be conditioned that the licensee will comply with
all the laws, codes, local laws, ordinances and regulations of the State of
New York, County of Erie and Town of Hamburg and all lawfully issued orders
of the Town Board and that the Town of Hamburg will be indemnified and saved
harmless from any and all claims or damages or liabilities caused by or arising
out of the failure of the licensee, his agents or employees to comply with
applicable statutes, local laws, 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.
Every license issued by the Town Clerk, pursuant to this article, shall
be subject to the following conditions and to such other reasonable conditions
as may be imposed by the Town Board from time to time:
A. Vehicles used by licensed refuse collectors in the collection
and transportation of garbage or rubbish or any other kind of waste within
the Town of Hamburg shall be enclosed, watertight and compacted units, excepting
vehicles used for collection of trash.
B. The vehicles used by collectors, and the routes of collection,
shall be subject to inspection and reasonable visitation by the Town Building
Inspector or duly accredited and authorized agents of the Town Board.
C. The licensee shall be required to display a nontransferable
sticker or plate on each truck used in the operation showing payment of the
license fee. In case of an emergency or breakdown of a licensee's truck,
the Town Clerk may authorize any license holder to use an additional truck
to replace the one broken down, for a period not to exceed 10 days.
D. All licenses issued hereunder shall be valid for a period
of 12 months, expiring December 31 of each calendar year after the date of
issuance. Each licensee shall pay such annual license fee due on January 1
of each year. In the event equipment is being used subsequent to April 1 of
each year, 3/4 of the initial fee shall be payable; and in the event that
the equipment is used subsequent to July 1 of each year, the licensee shall
pay 1/2 of the initial license fee.
E. Violations of any of the foregoing regulations, or any
other provisions of this law, shall be cause for revocation of the license
of any person to whom a license has been issued. The Town Board shall also
have the power to revoke any such license for other cause shown. The Town
Board, notwithstanding anything to the contrary herein contained, shall have
the power to revoke any license heretofore issued for cause shown, after a
hearing before said Board, upon five days' written notice, specifying
the alleged violation to the license holder, given by certified mail and directed
to his principal office at the address filed with the Town Clerk with the
licensee's application.
F. All trucks must have a minimum liability insurance for
personal injury of $100,000 per person and $200,000 per accident; and for
property damage, $10,000.
G. No collector shall cease or discontinue business in the
Town of Hamburg unless 30 days prior written notice has been given to the
Town Board, together with proof of publication in the Hamburg Sun and Erie
County Independent and the Photo News of said notice to all customers serviced
within said town.
H. This paragraph shall not be construed to include the
sale or lease of such garbage-collection business, a collection route or any
part thereof, provided, however, in the event of such sale or lease, the transferor
shall notify the Town Clerk, by certified mail, within five days after such
transfer, at which time the transferee shall make application, file a bond
and comply with all the requirements herein contained within 20 days after
such transfer, and upon such failure so to do, the license may be immediately
revoked by the Town Clerk as herein provided.