[HISTORY: Adopted by the Town Board of the Town of Southampton 4-28-2015 by L.L. No.
12-2015.[1] Amendments noted where applicable.]
The rules and regulations of this chapter shall apply to all
generators of solid waste located within the Town of Southampton and
to all Town disposal areas, including Town waste transfer stations,
private garbage and/or recycling transfer stations to which Town waste
is transported, and the refuse hauler/carters performing transportation
operations.
As used in this article, the following terms shall have the
meanings indicated:
Any employee of the Town of Southampton placed in charge
of a Town transfer station under the direction of the Director of
Municipal Works.
[Added 12-22-2020 by L.L.
No. 11-2020]
Solid waste, transported by a self-hauler, which is too large
or bulky to be contained in a tied Town garbage bag.
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard, brown paper, or paperboard commodities
normally used for packing, mailing, shipping or containerizing goods,
merchandise or other material, but shall not include wax-coated or
soiled cardboard.
Any vehicle licensed by the Town of Southampton Waste Management
Division to operate commercially within the Town for the purpose of
collecting and transporting garbage, rubbish, ashes, refuse, liquid
waste or recyclable material or any other waste material, except hazardous
waste, as defined pursuant to regulations promulgated under the New
York State Environmental Conservation Law, Article 27, and/or the
Federal Resource Conservation Recovery Act (RCRA) of 1976.
A small business consisting of home renovation, estate care,
or landscaping operating a vehicle utilized by anyone who is not a
refuse hauler/carter or in the business of collecting and transporting
solid waste.
All clear (flint)-, green- and brown (amber)-colored glass
containers. "Glass" shall not mean wired glass, crystal, ceramics
or plate, window, laminated or mirrored glass.
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
Includes but is not limited to explosives, hazardous radioactive
materials, toxic substances and those substances which the administrator
of the Federal Environmental Protection Agency has caused to be included
in the listing of hazardous waste promulgated by said Agency pursuant
to 42 U.S.C.A. § 6921(b).
Deposition of solid waste and/or recyclables at a location
other than a facility legally licensed, permitted, and duly authorized
to accept such material.
Soil, sod, stumps, trees in excess of three inches, and chipped
vegetative material as a result of the clearing of any property.
Any of the various opaque, fusible, ductile and typically
lustrous substances that are good conductors of electricity and heat,
form cations by loss of electrons and yield basic oxides and hydroxides,
including any alloys or combinations thereof.
Includes newsprint and all newspaper and newspaper advertisements,
supplements, comics and enclosures.
Same as "solid waste."
Those properties not zoned for residences, including, but
not limited to, industrial, commercial, and business parcels.
Any person engaged in the transporting of solid waste originating
from a building or parcel of land with four or more dwelling units
or any single business or single industrial use.
All high-grade office paper, newspaper, fine paper, bond
paper, office paper, xerographic paper, mimeo paper, duplication paper,
magazines, paperback books, school paper, catalogs, computer paper
and similar cellulosic material, but shall not mean wax paper, plastic-
or foil-coated paper, styrofoam, wax-coated food and beverage containers,
carbon paper, blueprint paper, food-contaminated paper, soiled paper,
cardboard, or brown paper and paper board.
Any individual, association, partnership, firm, corporation,
not-for-profit organization, or any other person permitted by the
Town of Southampton to operate within the Town for the purposes of
collection, pickup, transfer, removal and/or disposal of solid waste
and/or recyclables.
Shall be a recyclable and shall mean containers as labeled
at the Town transfer station or private carter performing collection
and shall mean all food, beverage, or household containers, such as
soda, detergent, bleach, milk, juice, shampoo or cooking oil bottles
rinsed clean. "Plastics" shall not mean caps, appliances, plastic
with metal parts, six-pack rings, biodegradable bags, fiberglass,
waxed cardboard containers, vinyl or Styrofoam. "Plastics" may include
other specific plastics as the Town Board or private carter performing
collection may designate.
[Amended 12-22-2020 by L.L. No. 11-2020]
Any individual, association, partnership, firm, corporation,
not-for-profit organization, or any other person so deemed by the
Town to do collection, transfer and/or transportation of garbage,
refuse, recyclable material (including, but not limited to scrap metal),
construction or demolition debris, or solid waste from premises defined
herein as "residential" and "nonresidential," or who removes solid
waste from residential and nonresidential premises which he or she
does not own, lease or occupy, whether or not such person is engaged
in the business of collecting or removing solid waste.
A property within the Town of Southampton which is zoned
to allow not more than three units per lot.
A Town resident and/or renter, lessee or guest of same and
the vehicle utilized in the transporting of solid waste originating
from a residence or residential parcel of land within the Town of
Southampton having three or fewer dwelling units.
[Amended 12-22-2020 by L.L. No. 11-2020
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, including, but not limited to, nonrecyclable
paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter and rubbish, but not including designated recyclable materials
or materials to be separated.
A plastic bag bearing the logo of the seal of the Town of
Southampton, of such size and design as shall be determined by the
Town Board, to be used by all self-haulers for the disposal of solid
waste.
That certain material consisting of leaves, brush, and tree
limbs less than three inches in diameter, but exclusive of stumps
or grass clippings.
Discarded household appliances such as stoves, refrigerators,
washing machines and other old metal items.
[Added 12-22-2020 by L.L. No. 11-2020[1]]
A.Â
No person
shall collect, store, accumulate, throw, cast, deposit or dispose
of or cause or permit to be collected, stored, accumulated, thrown,
cast, deposited or disposed of any hazardous waste or solid waste
upon any premises or upon any street, highway, sidewalk or public/private
place within the Town of Southampton, except when authorized by the
Town Board.
B.Â
Nothing
contained herein shall be construed so as to prevent:
(1)Â
The
accumulation of solid waste by a resident of the Town upon premises
occupied by them, to the extent that such accumulation is ordinary
and necessary for their personal household requirements.
(2)Â
The
disposal of refuse at any transfer station maintained or authorized
by the Town of Southampton and/or the New York State Department of
Environmental Conservation.
(3)Â
The
proper use of receptacles placed upon the streets or other public
places in the Town of Southampton for the depositing of solid waste;
provided, however, that such public receptacles shall not be used
for the deposit of accumulated household garbage.
A.Â
Town transfer station disposal areas shall be open during such hours
as the Town Board may designate and amend from time to time by resolution.
B.Â
The personnel in charge of Town transfer station disposal areas shall
have full power and authority to direct the manner of deposit of material
at different locations within the disposal area that are designated
for the deposit of specific types of materials, and anyone using said
disposal area shall obey the instructions of said personnel and shall
deposit the various types of material only in the areas or containers
designated for such types of materials.
C.Â
The Town transfer station disposal area personnel shall designate
the unloading area at disposal areas by appropriate signs at both
ends of said area. No person may deposit materials other than those
designated by these signs. No person other than the authorized personnel
of the disposal area may go beyond the signs and enter the area reserved
for the posit of this material.
D.Â
The personnel in charge of each Town transfer station disposal area
shall be responsible for the directing of movements of traffic within
said disposal area, and anyone operating a vehicle within said disposal
area shall obey the instructions of said personnel in this regard.
No person shall park a vehicle between the signs designating an unloading
zone except for the purpose and time required to unload.
E.Â
The Town disposal areas are maintained by the taxpayers of the Town
of Southampton and are provided for the use of the residents of the
Town of Southampton only. No material of any sort that is collected
or transported from outside the limits of the Town of Southampton
shall be deposited in said disposal areas, unless so authorized by
Town Board resolution.
F.Â
It shall be unlawful for any person to deposit any waste, garbage
or rubbish of any kind on land of the Town of Southampton outside
the areas designated for the deposit of those materials.
G.Â
No person shall dump, throw, or place in any manner any rubbish,
refuse, dirt or any material whatsoever in or upon such Town disposal
area nor at any time except that indicated by such sign or signs or
directions.
H.Â
Any oral directions given by any person in charge of any Town disposal
area shall take precedence over any sign or displayed directions.
I.Â
It shall be unlawful for any person to deposit any waste, garbage
or rubbish outside the gates of any Town disposal area and/or any
refuse hauler/carter premises at any time unless containers for that
purpose have been provided and designated.
J.Â
It shall be unlawful for any person to set fire to any material within
a Town disposal area. The Town may, upon receipt of appropriate permits
from the New York State Department of Environmental Conservation and
the Fire Marshal, conduct controlled burns.
K.Â
No person shall remove, destroy, alter, deface or otherwise injure
any sign or signs placed or erected within any public disposal area
except upon and by the direction of the Waste Management Director.
L.Â
All material transported to a Town disposal area shall be covered
and secured so as not to disperse material during transportation of
such material.
M.Â
Residential tires may be deposited at the North Sea Transfer Facility
for recycling at a cost posted on the Town's website pursuant to the
Waste Management/Recycling Center Fee Schedule.
N.Â
No hazardous wastes shall be disposed of at a Town disposal area
with the exception of STOP (Stop Throwing Out Pollutants) Day for
household hazardous wastes.
O.Â
It shall be unlawful for any person engaged in the business of collecting
garbage and waste within the Town of Southampton to make such collection
of commercial properties adjacent to residential properties before
5:00 a.m. or after 5:00 p.m. of any day, and not before 6:00 a.m.
or after 5:00 p.m. of any day for residential properties.
[Amended 12-22-2020 by L.L. No. 11-2020]
P.Â
All appliances shall have their doors removed before disposal at
a Town disposal area.
Q.Â
No person shall deposit any animal carcass in or upon any transfer
station, except as delivered by the Southampton Town Highway Department.
R.Â
All vehicles depositing bulk goods, metals, construction, and demolition
debris and/or yard waste at the appropriate Town transfer stations
must utilize the scale house or attendance booth installed at each
respective site and obey the instructions of the personnel in charge.
A weight ticket and/or receipt shall be retrieved from the scale house
or attendant booth before entering the transfer station deposition
area.
S.Â
The disposal of land-clearing debris, construction debris or demolition
debris by commercial garbage haulers shall be prohibited at any Town
disposal area. Construction debris or demolition debris deposited
by self-haulers must be separated from any and all other solid waste,
trash, rubbish or vegetative yard waste and deposited only at designated
areas within such Town disposal area or transfer station, unless otherwise
authorized by Town Board resolution.
T.Â
The Town Board hereby delegates to the Director of Municipal Works
the authority to adopt rules to prohibit the disposal of any waste
materials, in addition to those materials expressly prohibited by
this chapter, where the Director of Municipal Works finds that waste
materials would be harmful to the public welfare. Said rules shall
be published in the official newspaper of the Town and posted on the
Town Clerk's signboard. Said rules shall be effective upon such posting
and publishing.
U.Â
No newspaper and/or paper as defined herein shall be deposited at
any Town of Southampton disposal area or Town transfer station unless
such newspaper/paper is separated from any and all solid waste, trash,
rubbish or vegetative yard waste. Such newspaper/paper is to be deposited
only at designated areas within such Town disposal area or transfer
station. When such newspaper/paper is prepared for disposal by anyone
other than the ultimate disposer, such as a carter, it should be securely
bundled and tied, in packages not exceeding 50 pounds, with a rope
or cord sufficient in strength to facilitate handling.
V.Â
No vegetative yard waste, as defined herein, shall be deposited at
any Town of Southampton disposal area or Town transfer station unless
such vegetative yard waste is separated from any and all solid waste,
trash or rubbish. Such vegetative yard waste is to be deposited only
at designated areas within such Town disposal area or transfer station,
and in no event shall vegetative yard waste include grass clippings.
W.Â
No white goods as defined herein shall be deposited at any Town of
Southampton disposal area or Town transfer station unless such white
goods are separated from any and all solid waste, trash, rubbish or
vegetative yard waste. Such white goods are to be deposited only at
designated areas within such Town disposal area or transfer station.
X.Â
No cans as defined herein shall be deposited at any Town of Southampton
disposal area or Town transfer station unless such cans are rinsed
clean, separated from any and all solid waste, trash, rubbish, vegetative
yard waste, cardboard, metal or paper. Such cans are to be deposited
only at co-mingled designated areas within such Town disposal area
or transfer station.
[Amended 12-22-2020 by L.L. No. 11-2020]
Y.Â
No cardboard as defined herein shall be deposited at any Town of
Southampton disposal area or Town transfer station unless such cardboard
is clean (not greasy), separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cans, glass, metal or non-brown paper.
Such cardboard is to be deposited only at designated areas within
such Town disposal area or transfer station.
[Amended 12-22-2020 by L.L. No. 11-2020]
Z.Â
No glass containers as defined herein shall be deposited at any Town
of Southampton disposal area or Town transfer station unless such
glass is rinsed clean, separated from any and all solid waste, trash,
rubbish, vegetative yard waste, cardboard, metal or paper. Such glass
is to be deposited only at co-mingled designated areas within such
Town disposal area or transfer station.
[Amended 12-22-2020 by L.L. No. 11-2020]
AA.Â
No metal as defined herein shall be deposited at any Town of Southampton
disposal area or Town transfer station unless such metal is clean,
separated from any and all solid waste, trash, rubbish, vegetative
yard waste, cans, cardboard, glass or paper. Such metal is to be deposited
only at designated areas within such Town disposal area or transfer
station.
[Amended 12-22-2020 by L.L. No. 11-2020]
BB.Â
No plastics containers as defined herein shall be deposited at any
Town of Southampton disposal area or Town transfer station unless
such plastics are rinsed clean separated from any and all solid waste,
trash, rubbish, vegetative yard waste, cardboard, metal or paper.
Such plastics are to be deposited at co-mingled designated areas within
such Town disposal area or transfer station.
[Amended 12-22-2020 by L.L. No. 11-2020]
CC.Â
All generators of solid waste located within the Town of Southampton
which leave such waste for collection or which deliver such waste
to a solid waste facility shall separate newspaper, vegetative yard
waste, white goods, cans, cardboard, glass, metal, paper and plastics
from the solid waste stream at the point of waste generation.
DD.Â
Nonrecyclable waste and Town garbage bags.
(1)Â
Nonrecyclable waste deposited at any Town disposal area by a self-hauler
shall be fully contained in a tied Town garbage bag.
(2)Â
Town garbage bags shall be available at designated areas in the Town.
(3)Â
The size and design of the Town garbage bag shall be determined by
resolution of the Town Board.
(4)Â
The fee for each size of the Town garbage bag shall be determined
by resolution of the Town Board.
EE.Â
No vehicle
shall be permitted to transport refuse into a Town transfer station
unless such vehicle displays a valid permit or single-entry pass,
except that vehicles owned and operated by any of the following entities
shall be permitted to transport solid waste into a Town transfer station,
provided that there is a charge back/client established to that particular
entity:
[Added 12-22-2020 by L.L.
No. 11-2020]
|
Town of Southampton Divisions.
|
|
Incorporated villages within the Town of Southampton.
|
|
School districts within the Town of Southampton.
|
A.Â
In accordance with New York State Source Separation/Recycling Law
(GML § 120-aa), every owner or occupier of any residence
and/or any refuse hauler/carter servicing these residences must source
separate and segregate recyclable or reusable materials from rubbish.
B.Â
Containers; duty of owners and occupiers of property.
(1)Â
Every owner or occupier of any residence within the Town of Southampton
shall provide or cause to be provided at all times suitable and sufficient
containers for solid waste and recyclables that may accumulate upon
said premises.
(2)Â
Residential waste containers 32 gallons or less containing solid
waste and recyclables shall be watertight, with covers and handles
of adequate strength.
(3)Â
Corrugated cardboard shall be placed in a container and/or bundled
in larger than eighteen-inch-by-eighteen-inch stacks, or as approved
by the refuse hauler/carter, to prevent littering.
(4)Â
All co-mingled recyclables (No. 1 and 2 plastics, glass bottles,
tin, and metal cans), shall be placed in containers bearing a label
provided by the refuse hauler/carter.
C.Â
Collection of bulk Items.
(1)Â
The owner/occupier of any residence within the Town of Southampton
shall arrange for the collection of bulk items such as white goods
(refrigerators, washers, stoves, etc.), and other large items incapable
of being enclosed in containers, from the refuse hauler/carter. All
appliances and furniture items must be secured in such a way so as
to avoid any hazard to the public; doors or broken glass shall be
secured or removed from any appliance or furniture item prior to its
placement curbside.
D.Â
Collection of waste by refuse haulers/carters.
(1)Â
The Town of Southampton may, from time to time, determine by resolution
which items must be source-separated as recyclables. The list of recyclables
shall be posted on the Town's website and published in the local newspaper;
said list may not be exhaustive.
(2)Â
All vehicles used in the collection, transportation and/or disposal
of solid waste and/or recyclables shall be maintained in a sanitary
condition and shall be constructed to prevent leakage in transit to
prevent stormwater runoff contamination. The body of the vehicle shall
be wholly enclosed or shall at all times be kept covered with an adequate
cover.
(3)Â
In the event a collection vehicle is transporting primarily recycling
materials, said vehicle may be an open refuse-collection type, provided
that said vehicle is fitted with a suitable canvas or other cover
to prohibit any material from being discharged while the vehicle is
in transit.
(4)Â
No debris, litter or the like shall fall upon any highway or street
within the Town during the collection process.
(5)Â
Vehicles designed or known as "rear loaders," or "rear-load packers"
shall be completely enclosed in transit, either by use of the exterior
closing door fitted as part of a body style or by the use of the closing
mechanism in those units not having, as a standard or an accessory,
a separate exterior door.
(6)Â
All accessory doors, including the main loading door, shall be closed
during travel on public highways unless the subject vehicle is engaged
in the continuous servicing of adjacent structures along said highway.
(7)Â
The condition of collection vehicles shall be maintained to industry
standards and shall be kept clean and sanitary.
(8)Â
All collection vehicles shall comply with the provisions of this
chapter, as well as those regulations set forth by the New York State
Department of Motor Vehicles.
(9)Â
Collection vehicles shall be subject to inspection at any time by
the Town for the purpose of enforcement of this chapter.
A.Â
Containers; duty of owners and occupiers of property.
(1)Â
Every owner or occupier of any building, premises, or place of business
within the Town shall provide or cause to be provided at all times
suitable and sufficient containers for solid waste and rubbish.
(2)Â
All solid waste and refuse containers shall be designed for such
purposes, either of metal, plastic, or other durable material, and
shall be securely tied, fastened, closed, or sealed. Such containers
shall be emptied or replaced whenever full. Such containers shall
be maintained in such a manner as to prevent dispersal of their contents
about the premises or elsewhere.
(3)Â
All private, industrial, institutional, or commercial establishments
shall provide suitable recycling containers to prevent the dispersal
of their contents about the premises or elsewhere.
B.Â
Separation of solid waste, including recyclable materials.
(1)Â
Owners, occupiers, and refuse haulers/carters of all properties within
the Town shall be required to separate recyclable material (paper,
cardboard, plastics, metal, and glass), to the maximum extent practicable,
from municipal solid waste.
(2)Â
Owners, occupiers, and refuse haulers/carters shall separate the
following materials from all other solid waste left for collection
or transport to a solid waste facility:
(a)Â
Hazardous wastes;
(b)Â
Recyclables (paper, cardboard, plastics (1 and 2), metal, glass),
or as may be designated by the Town Board;
(c)Â
Yard waste;
(d)Â
Construction and demolition debris.
(e)Â
All new commercial residential housing, hotels, motels and rental
housing complexes shall provide labeled recycling containers within
each dwelling unit to allow for source-separated recycling materials.
[Amended 12-22-2020 by L.L. No. 11-2020]
Pursuant to New York State Department of Environmental Conservation
(DEC) requirements:
A.Â
All commercial haulers/carters must obtain a solid waste collection
permit from the Town of Southampton's Division of Waste Management.
A fee for such permit shall be set by the Town Board on an annual
basis, and all permits shall be issued for the calendar year or such
portion thereof. There shall be no reduction in the fee for a permit
issued after the beginning of any calendar year.
B.Â
No person, company, corporation, partnership, or other entity, except
as hereinafter provided, shall remove any solid waste, garbage, refuse,
recyclable material, or rubbish of any kind from the premises of any
person, firm, or corporation, or cart or transport the same through
or upon any street, avenue, parkway, or highway within the Town unless
such person shall have first obtained a permit from the Town of Southampton
Division of Waste Management, as hereinafter provided. In addition,
any person, business or carter who works for the Town shall be required
to comply with the provisions herein.
C.Â
Permitted and authorized haulers/carters shall offer collection services
for recyclable materials to all residential customers for whom they
provide household solid waste collection services.
D.Â
An application form with information required for a hauler's/carter's
permit shall be provided by the Town. The applicant shall complete
the form either online and/or in writing; the application shall contain
such information as requested by the Town Board but, at a minimum,
shall include:
[Amended 12-22-2020 by L.L. No. 11-2020]
(1)Â
A list of all vehicles the applicant intends to utilize for the collection
of solid waste and recyclables in the Town of Southampton, identifying
the following information: make, year, model of chassis, body style,
volume, tonnage capacity, color and license plate number for each
vehicle to be used;
(2)Â
The names and addresses of all partners, limited or otherwise, if
the applicant is a partnership, or of all officers and directors and
shareholders, if the applicant is a corporation;
(3)Â
A detailed account of the total estimated weight of refuse and recyclables
by type within the last 12 months collected by the applicant within
the Town of Southampton;
(4)Â
The type of material(s) intended to be hauled by the applicant (i.e.,
MSW, recyclables, construction and demolition debris, land clearing
debris, biosolids, yard waste, septic waste including porta-san, waste
oil, cooking oil, commercial food waste, hazardous waste).
E.Â
The Town of Southampton shall issue the applicant a carter permit
so long as the application is deemed complete and the applicant is
deemed by the Division of Waste Management to be in compliance with
the provisions herein. The applicant shall provide a certified check
or credit card payment in the amount of the permit fee as determined
by the Town of Southampton. The Division of Waste Management shall
issue a plate or tag for each truck used by a permittee hereunder.
Such plate or tag shall be securely fastened and displayed at all
times in a conspicuous location on each such truck in such manner
as described in the permit application instructions. Failure to display
said tag or plate in a conspicuous place on any truck shall be deemed
a violation of this section.
[Amended 12-22-2020 by L.L. No. 11-2020]
F.Â
The renewal of a hauler/carter permit(s) shall be in the same manner
and subject to the same conditions as the issuance of the original
hauler/carter permit(s) and shall be subject to any additional requirements
in effect at the time an application for renewal is filed.
G.Â
All collection, transportation and disposal of solid waste and recyclables
shall be in strict conformance with the rules and regulations prescribed
herein. Said rules and regulations may be amended or supplemented
from time to time by the Town Board.
H.Â
The name of the carter shall be readily visible on all vehicles and
containers utilized for the collection of solid waste and/or recyclables
generated within the Town.
I.Â
Any hauler/carter permit issued pursuant to this chapter shall be
a privilege, subject to the terms and conditions set forth herein
and as amended or supplemented by the Town and shall not be deemed
to create a property interest therein.
J.Â
All carter
permit requirements specified herein, including, but not limited to
carter permit fees may be amended or adjusted from time to time by
resolution of the Town Board.
[Added 12-22-2020 by L.L.
No. 11-2020]
K.Â
All collection,
transportation and/or disposal of solid waste and/or recyclables shall
be in strict conformance with the rules and regulations prescribed
in this article as well as the New York State Department of Environmental
Conservation (NYSDEC) and as such rules and regulations may hereafter
be amended or supplemented by the Town Board or NYSDEC.
[Added 12-22-2020 by L.L.
No. 11-2020[1]]
[1]
Editor’s Note: This local law also repealed former §
205-7, Southampton Town transfer station usage fees, which immediately
followed.
The fees for refuse hauler/carter permits working within the
Town of Southampton shall be determined, and amended from time to
time as needed, by Town Board resolution.
[Added 12-22-2020 by L.L.
No. 11-2020[1]]
Permits or single-entry passes for residential disposal by residential
self-haulers at Southampton Town transfer stations shall be required
and issued as follows:
A.Â
Resident/lessee disposal permit: for noncommercial vehicles of less
than one-ton capacity owned by a resident and/or taxpayer of the Town
of Southampton or a person who leases or rents property within the
Town of Southampton, and transporting only household solid waste,
recyclables and/or leaves, provided that such vehicle displays a valid
resident/lessee disposal permit issued in accordance with the following:
(1)Â
A resident/lessee disposal permit shall be issued by the Waste Management
Division or a person designated by the Director of Municipal Works
to all persons who are qualified residents and/or taxpayers of the
Town of Southampton and all persons who lease or rent property within
the Town of Southampton. Persons applying for a resident/lessee disposal
permit shall be required to sign an application attesting to the following:
(a)Â
That the applicant resides, owns, leases or rents property within
the Town of Southampton.
(b)Â
That the applicant will not bring any yard waste collected outside
of the Town of Southampton to any transfer station within the Town
of Southampton.
(c)Â
That the applicant will not bring commercial waste to any transfer
station within the Town of Southampton.
(d)Â
That the applicant will not bring any household hazardous or
other hazardous waste to any transfer station within the Town of Southampton,
unless there is a hazardous waste disposal event scheduled by the
Town.
(2)Â
The Director of Municipal Works or a designee shall inspect all resident/lessee
disposal permit applications. Upon approval of the application, a
resident/lessee disposal permit shall be issued and inscribed with
the vehicle license plate number. Such permit shall not be transferred
to any other vehicle.
(3)Â
Resident/lessee disposal permits for motor vehicles shall be permanently
affixed to such vehicle in such manner as described in the permit
application instructions.
(4)Â
The fee for the issuance of a resident/lessee disposal permit shall
be such fee as shall be prescribed by a resolution of the Southampton
Town Board.
(5)Â
All resident/lessee disposal permits shall be valid for the calendar
year in which they issue or such portion thereof. There shall be no
reduction in the fee for a permit issued after the beginning of any
calendar year. Additional permits for vehicles registered at the same
address shall be sold at half-price. Seniors (60 years and above)
and veterans shall qualify for a discounted permit fee.
B.Â
Single-entry pass. A single-entry pass shall be issued only at the
North Sea and Hampton Bays Transfer Stations, for noncommercial vehicles
of less than one-ton capacity owned by a residential self-hauler and
transporting only household solid waste and/or recyclables, in accordance
with the following:
[Added 12-22-2020 by L.L.
No. 11-2020]
The fees for resident/lessee disposal permits and single-entry
passes shall be determined, and amended from time to time as needed,
by Town Board resolution.
[Added 12-22-2020 by L.L.
No. 11-2020]
In addition to the fees established in § 205-10 of this chapter, residential self-haulers depositing yard waste (other than leaves), brush less than three inches in diameter, residential tires, metals, bulk items and/or construction and demolition debris at Town transfer station facilities shall pay a fee as determined, and amended from time to time, by Town Board resolution and as advertised on the Town's website pursuant to the Waste Management/Recycling Center Fee Schedule.
A.Â
In the event of a violation of this chapter, the Town may order compliance
and issue a written notice of violation, to be served personally or
by certified mail on the violator.
B.Â
Upon a conviction of a violation, the Town shall have the power to
impose a civil penalty or suspend or revoke a hauler/carter permit
and/or resident/lessee permit granted or renewed pursuant to this
chapter for any violation of any provision herein or any applicable
rule, regulation, code or ordinance relating to the collection, handling,
hauling, or disposal of solid waste and/or recyclables.
[Amended 12-22-2020 by L.L. No. 11-2020]
D.Â
In addition to, or as an alternative to, any penalty provided herein or by law, any person who violates § 205-7 of this chapter, that is, the section requiring a permit for haulers/carters within the Town, shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $3,000 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $3,000 nor more than $5,000 or imprisonment for a period not to exceed six months, or both. However for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed unclassified misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation.
[Amended 12-22-2020 by L.L. No. 11-2020]
E.Â
In addition to, or as an alternative to any penalty provided herein or by law, any person who violates any other provision(s) of this chapter other than as described in Subsection D above shall be guilty of a violation punishable by a fine not exceeding $500, or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $1,000 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed unclassified misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation.
