[Adopted 11-16-1978 as Art. I of Ch. 78 of the 1978 Code]
A.
This article is enacted in order to make provisions
for the collection and removal of garbage, rubbish and refuse from
the homes and business establishments within the Incorporated Village
of Lake Grove; to properly regulate and set up a system and standards
for garbage and rubbish collection and removal at a reasonable cost,
as to the rates to be charged for such service; methods and frequency
of such collections; for the benefit and welfare of the residents
and business people within this Village.
B.
This article is further enacted to establish a continuous
and uninterrupted and satisfactory service and to preserve, maintain
and safeguard the health, safety and welfare of our people.
C.
This is not intended as a revenue measure, but to
regulate, supervise and control the collection and disposal of garbage,
rubbish and refuse in an orderly, safe and sanitary manner. It is
the duty and obligation of the Village government, its elected and
appointed officials to at all times protect and assure a most efficient,
fair and equitable service to the people of this Village.
D.
This article is further enacted to avoid the annoyances
and unsatisfactory methods and tactics initiated by some of the independent
garbage-collecting cartmen heretofore experienced by the people of
this Village, and, to this end, the Village should arrange and contract
with the most responsible, capable and satisfactory firm or person
to provide the best, safest and most dependable service to the people
of this Village.
As used in this article, the following terms
shall have the meanings indicated:
For residential dwellings, a litter storage and collection
container which is durable, rust-resisting and has a tight-fitting
cover; receptacles used for the storage of garbage shall, in addition
thereto, be nonabsorbent and watertight and shall not exceed 30 gallons
in capacity.
A person, as herein defined, engaged in the business of the
collection and removal of garbage, refuse, rubbish and waste materials
when duly licensed by the Village of Lake Grove as herein provided.
Includes the Smithaven Mall and any part thereof, any area
where business or commercial enterprises are operating, including
shopping centers or small independent stores and garden apartments.
A person who shall have entered into a contract with the
Village Board on behalf of the people of this incorporated Village
for the collection, removal and disposal of garbage, refuse and rubbish
from the residential private dwellings (excluding garden apartments)
within the Incorporated Village of Lake Grove.
Includes the remains of building materials accumulated after
the building, construction, alteration or repair of a building or
structure; Sheetrock, large stones, brick, cement blocks or any kind
of discarded building materials.
All putrescible animal or vegetable wastes resulting from
the receipt, storage, handling, preparation, cooking and consumption
of food, and includes animal, fruit or vegetable waste, carrion, offal,
swill, food, food cans, paper wrappings, and glass, plastic, paper
or metal containers.
Includes any street, lane, road, avenue, court, path, driveway
or place, parking lot, public or private, used by any vehicle or person
for transportation or walking within the limits of the Incorporated
Village of Lake Grove.
Any individual, firm, corporation, association, partnership,
receivers, executors and administrators of any estate, institution
or public body, and includes the plural as well as the singular.
Includes paper, cardboard boxes, plastic, rags, weeds, grass,
leaves or other yard trimmings, tin cans, glass and other mineral
refuse and similar materials, ashes, dead animals, solid market and
industrial wastes and night soil.
Includes any bicycle, boat, tires, trailer, refrigerator,
freezer, bedding, washing or drying machine or any other household
furniture or any parts thereof, or equipment abandoned, rusted, wrecked,
discarded, dismantled, inoperative or in an abandoned condition.
The area between the curbline or side of the highway and
the abutting property owner's line, and includes any footpath or trail
used by pedestrians.
A.
The Village Board, for and on behalf of the people
of the Village of Lake Grove, shall enter into a contract with a contractor,
as herein defined, for the collection, removal and disposal of garbage,
refuse and rubbish from the residential dwellings (excluding garden
apartments) within the Incorporated Village of Lake Grove, at an agreed
charge for such services and upon the conditions and provisions in
this article.
B.
The contractor shall collect all garbage, refuse and rubbish as defined in § 150-2 above, except debris, and all building materials accumulated from the construction, alteration or repair of a building or structure.
C.
The following need not be collected by the contractor,
nor need any licensed cartman collect or remove any of the following
items:
(1)
Volatile materials such as gasoline, benzine, turpentine
or other high-volatile liquids.
(2)
Cartridges, shells, ammunition, dynamite or other
explosives.
(3)
Automobile parts such as motors or any other parts
which exceed in weight or size limitation 50 pounds or more per item.
(4)
Bulky wastes, that is, items larger than two feet
by two feet by four feet or 50 pounds per item.
(5)
Such other items and materials as the Village Board
may authorize to be or not to be collected, by promulgating and adopting
rules and regulations thereof.
A.
Before entering into a contract for the collection,
removal and disposal of garbage, refuse and rubbish as herein provided,
the Village Board shall direct the Village Clerk to prepare bid forms
and such information, terms, data and documents as may be required,
and shall have published in the official newspaper a notice inviting
garbage collectors and cartmen and the general public to submit bids
for such contract on or before a certain date specified in said notice,
advising that bids must be submitted for the contract for garbage,
refuse and rubbish removal services to the people of the Village of
Lake Grove, and must further publish in said notice the date, time
and place that such bids will be publicly opened.
B.
In said notice it must further be stated that the
Village Board of the Village of Lake Grove reserves the right to reject
any or all bids in whole or in part, to waive any irregularities in
any or all bids except with respect to the time limitation for submission
of bids, and to accept the bid or part thereof which the Board deems
most favorable to the Village after all bids have been examined and
checked. Each bid shall be firm for a period of 45 days after the
date set for submission of bids.
C.
The contract shall be for the term of three years
at the monthly agreed rate and shall begin on the first day of June
and terminate on the 31st day of May at the end of the three-year
period.
D.
The Village Board of the Incorporated Village of Lake
Grove reserves the right to determine the manner in which the successful
bidder will be selected, as required in the best interest of the people
of the Village.
A.
The Village Board, having entered into a contract
for the collection, removal and disposal of garbage, refuse and rubbish
services, shall establish a charge for such service, to be paid annually
by the owners of the real property benefited thereby.
(1)
Such charge shall be charged equally for each family
residence at the same annual rate against the real property so benefited
in accordance with and in the amount fixed by the Village Board.
(2)
The annual collection service charge shall be paid
on the same Village tax bill and be a part thereof, payable in advance
on the first day of June of each year.
B.
Senior citizens who have applied for and been granted
a reduction of their real property taxes by the Village of Lake Grove,
pursuant to L.L. No. 1-1972, as amended October 17, 1974,[1] or any future amendments by the Village of Lake Grove,
shall be granted a reduction in the charges for garbage service to
them, to the same 1/2 of the charges for such collection services.
C.
The contracts entered into between the contractor and the Village Board shall provide for the reduction to senior citizens of such charges for the garbage collection services as hereinabove provided in Subsection B above.
D.
In the event of the failure or refusal of the owner
of such property to pay any such charges when due, the unpaid amount
thereof shall become a lien against such property and, together with
interest thereon from the due date thereof, shall be included in the
annual tax levy of the Village upon such property for each fiscal
year, and the amount so levied shall be collected in the same manner
as other Village taxes.
A.
Garbage, refuse collections and removal shall be made
two times a week. Wednesday collection shall be limited to recyclables.
Recyclables such as plastics and bottles shall be placed in the red
cans provided to village residents and placed at the curbline. Paper
recyclables shall be tied in bundles or placed in paper bags, not
to exceed 50 pounds. When trees, brush or branches are collected,
they shall be tied in bundles not to exceed four feet in length and
24 inches in diameter. Timber must be no more than four(4) feet long
and weigh no more than 50 pounds.
[Amended 5-16-2002 by L.L. No. 4-2002]
B.
Holidays. No collections or removals shall be made
on Sundays or on the following legal holidays, namely: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
Collections shall be made on all other regularly scheduled collection
days.
(1)
When a legal holiday falls on a collection day, collection shall be made on the next scheduled day. At no time will the regularly scheduled collection day be skipped or passed on the day before a holiday or on the day after a holiday, as herein provided in Subsection B.
(2)
No changes shall be made for collections on the regularly
scheduled collection day, except if a legal holiday falls on that
same day. A scheduled pickup on the eve of or the day after a holiday
must be made and not passed by.
(3)
No changes in the scheduled pickup days will be made
without the approval of the Commissioner of Environmental Control,
and in such event the person whose pickup day is being changed must
be immediately advised by registered mail or in person prior to the
date being changed. The reason for the change must be given and whether
the change is permanent or temporary.
C.
The contractor shall, at his own cost and expense,
supply to all persons he serves a schedule of garbage, refuse and
rubbish collection days. Such schedules of collections or any duly
authorized changes shall include the contractor's name, business address
and a telephone number where the contractor may be reached.
D.
No collections shall be made before 6:00 a.m. in a
residential area nor after 6:00 p.m.
E.
All collections shall be made from the curbline of
residences, and all garbage containers, upon being emptied, shall
be returned to the curb where they were picked up and none shall be
left on the road, highway, street or on the shoulder service road.
F.
The provisions of §§ 150-3, 150-4, 150-5 and 150-6 shall apply only to the collection and disposal of garbage, refuse and rubbish by the contractor who has, as hereinabove provided, entered into a contract with the Village of Lake Grove for the garbage collection services from the residential dwellings only, within the Incorporated Village of Lake Grove.
A.
It shall be unlawful for any person to engage in the
business of collecting garbage, refuse or rubbish of any kind from
residential dwellings, garden apartments, the Smithaven Mall or any
part thereof or any commercial area within the Village without first
procuring an annual license therefor. Each applicant for a license
to collect garbage, refuse or rubbish shall set forth in a sworn statement,
in addition to any other information required by any other applicable
law or deemed necessary by the Village Board to determine the fitness
of the applicant, the following information:
(1)
The name, address and telephone number, both day and
night, of the applicant and the person in charge of the business and
all persons having a financial interest in the business.
(2)
A brief description of each vehicle, including the
name and factory number, the weight of the vehicle, the maximum load
to be carried and the New York State motor vehicle registration number.
(3)
If a corporation, the names and addresses of all the
officers and directors and any other persons having a financial interest
in the business.
(4)
Whether the applicant or any of the persons having
a financial interest in the business has ever been convicted of a
misdemeanor or felony or has ever had a license to engage in any business
revoked or suspended in this or any other state.
(5)
Proof of financial responsibility in the event of
injury to persons or property by reason of the negligent operation
of any vehicle used in the business.
B.
Any license issued pursuant to the provisions of this
article shall not be transferred or assigned to any person or used
by any other person than the one to whom issued.
C.
Licenses shall be obtained for the period of one year
from January 1 to December 31 of each year.
D.
Applications for renewal must be received by the Village
Clerk between November 15 and November 30 of each year.
A.
A license shall be issued by the Village Clerk upon
approval by the Village Board of those persons who shall be deemed
fit and proper and upon payment of the annual fee as set forth in
the fee schedule of the Village of Lake Grove.[1] Every license shall be endorsed by the Village Clerk as
to compliance by the applicant with the provisions of this article.
All licenses shall expire on the 31st day of December in each year.
Every licensee shall affix to the driver's side of the cab the number
assigned for use in connection with the licensed vehicle.
[Amended 10-20-1994 by L.L. No. 9-1994]
B.
The Village Board may revoke any license for a false
statement contained in the application or for any violation of this
article or rules and regulations promulgated by the Village Board
or any other law. Upon revocation of any license, no refund of any
portion of the license fee shall be made to the licensee, and he shall
immediately return any and all insignias delivered for use in connection
with a licensed vehicle or vehicles and shall immediately cease all
business under such license.
A.
Every vehicle used for the collection of garbage,
refuse and rubbish shall have an enclosed body or suitable provision
for covering the body; provision and use of a tarpaulin or canvas
to enclose the open body of such a vehicle may be permitted when specifically
approved by the Commissioner of Environmental Control.
B.
Every vehicle used for the collection of garbage,
refuse or rubbish shall have a watertight body and shall be kept clean
and sanitary and in good running order and shall have the licensee's
name and address plainly painted on each side of the cab of the truck
in letters at least four inches high.
A.
Collection hours. Collections shall be limited to
the hours between 6:00 a.m. and 6:00 p.m., Monday through Saturday
inclusive. There shall be no collections on Sunday except with special
permission of the Commissioner of Environmental Control. The hours
of collection may be extended beyond 6:00 p.m. but not to exceed 10:00
p.m., Monday through Saturday inclusive, under extenuating circumstances,
with the permission of the Commissioner of Environmental Control.
B.
Notice of delay in service. Any cartman who, for any
reason whatever, is unable to service his customers, shall notify
the Village Clerk immediately by telephone of the default in service
and possible correction of condition. The telephone call shall be
followed by a letter explaining the cause of loss of service, duration
of loss, remedy of cause and time of expected resumption of normal
service.
C.
Garbage collectors, licensees or persons designated
by the licensee to collect such garbage, refuse or rubbish shall return
the garbage containers to the area between the curbline and the property
owner's line, free of the right-of-way of vehicles. Failure to comply
with this provision shall be deemed a serious violation of this article.
D.
The Village Board, by resolution, after a public hearing,
shall from time to time promulgate such rules and regulations as may
be required.
A.
A person who commits an offense against any provision
of this article or fails to comply therewith or with any requirements
thereof, or the rules and regulations that may be promulgated and
adopted by the Village Board, shall, upon conviction, be guilty of
a violation, punishable by a fine of not more than $250 or by imprisonment
for a term not exceeding 15 days, or both. Each day such violation
is permitted to exist shall constitute a separate offense.
B.
In the event of a violation of the provisions of this
article, the Code Enforcement Officer or Building Inspector may issue
a conditional summons. If the condition causing the violation is not
corrected within five days of issuance, the summons shall become effective.
The violation shall be deemed a continuing violation until corrected,
and fines shall continue to accrue daily.
[Added 2-4-1999 by L.L. No. 1-1999]
