[HISTORY: Adopted by the Town Board of the Town of Forestburgh 9-9-1986
by L.L. No. 3-1986. Amendments noted where applicable.]
When used in this chapter, unless otherwise expressly stated or unless
the context or subject matter otherwise requires, the following terms shall
have the meaning indicated:
Wastes resulting from the handling, preparation, cooking and consumption
of food; wastes from the handling, storage and sale of produce; and all waste
or discarded animal or vegetable matter capable of fermentation or decay.
Wastes that are offensive to smell or capable of causing contamination
or are otherwise obnoxious and offensive.
Any person, firm, corporation or legal entity carrying on the business
or receiving, collecting, transporting or disposing of garbage, refuse and
bulk rubbish or other waste for hire within the Town of Forestburgh.
Waste material, tin cans, ashes, cinders, glass, pottery, discarded
timber or wood, paper or paper products, plastic, metal materials and all
other discarded substances of a solid and incombustible or combustible nature.
A.
Garbage containers. All persons living and/or doing business
in the Town shall keep refuse and garbage within the Town in closed, sanitary,
clean, leakproof containers.
B.
Accumulations. No person shall cause or permit any accumulation
of garbage, rubbish or refuse about or upon premises owned, occupied or used
by it or them so as to cause such accumulation to be unsanitary, unsightly
or hazardous to the property, life, health, safety or welfare of the public.
C.
Improper disposal or handling. No person shall throw,
place or scatter any garbage, rubbish or refuse over and upon any premises,
street or alley, public or private, either with or without the intent of later
removing or burning the same, or suffer or permit the accumulation of refuse
on any premises owned, occupied or unoccupied or controlled by any such person
to become or remain offensive, unsanitary, unsightly or unsafe to public health
or tending to create a fire hazard.
A.
License required. No person shall engage in the business
of collecting garbage, refuse or rubbish within the Town either for himself
or herself or for and on behalf of any other person directly or indirectly
as agent, employee or otherwise without first obtaining a license therefor
and paying the fees as hereinafter provided.
B.
Application. In addition to any other information which
may be required by this chapter and any other local law of the Town, each
applicant shall furnish under oath the following information to the Town Clerk,
who shall issue said license upon satisfaction that the applicant has complied
with all applicable regulations concerning the same:
(1)
A statement that the applicant is over 18 years of age.
(2)
A description of the vehicles the applicant intends to
use for the purpose of conducting the applicant's garbage disposal business.
(3)
The place where the applicant intends to store or garage
such vehicle.
(4)
The number of employees the applicant intends to engage.
C.
Types of vehicles; inspection thereof. All vehicles used
for garbage, refuse and rubbish disposal by persons applying for a license
hereunder shall contain completely enclosed bodies which are leakproof, preferably
of the Packer type. No application shall be considered complete unless said
application contains a statement from the Town Health Officer or the Town
Health Inspector that the vehicle or vehicles to be used for garbage, refuse
and rubbish disposal have been inspected by the Town Health Officer or the
Town Health Inspector and are found to be in compliance with this chapter.
D.
License fees. The license fee and any renewal thereof
is hereby fixed in a sum as set from time to time by resolution of the Town
Board. Such license shall be placed and at all times displayed in a conspicuous
place at the licensee's place of business or business address, and a copy
displayed at all times in the vehicle or stenciled on the side of said vehicle
for which it has been issued or displayed in a conspicuous place.
[Amended 4-3-2003 by L.L. No. 2-2003; 12-7-2006
by L.L. No. 5-2006]
E.
Assignment of licenses. Any license issued pursuant to
this chapter shall not be assigned or otherwise disposed of without the consent
and approval of the Town Board.
F.
Conditions for licensing. Every license issued by the
Town Clerk pursuant to this chapter shall be subject to the following conditions:
(1)
Vehicles used by licensed refuse collectors in the collection and transportation of refuse in the Town of Forestburgh shall have a fully enclosed carrier body to prevent the escape of noxious odors or contents as provided in Subsection C of this section.
(2)
Licenses shall be allowed for dry refuse collection open-body-type
transportation, which shall be equipped with eye hoods, cleats or other type
hold-fast facilities fixed to the sides and ends of the vehicle and with a
tarpaulin or other approved cover to prevent blowing off, spilling or scattering
of the same along the route of haul.
(3)
The vehicles used by licensees shall be subject to inspection
by the Town Health Inspector in January, May and September of each year to
ensure that there is compliance with this chapter as to the type of vehicle
and the existence of a license on the vehicle and to ensure that the carrier
body of the vehicle does not leak or allow the escape of noxious odors or
contents.
[Amended 11-2-1989 by L.L.
No. 4-1989]
(4)
All trucks must have a minimum liability insurance coverage
as required by the State of New York for motor vehicle registration.
(5)
Licensees shall provide the Town Clerk with emergency
telephone numbers and shall further state in their applications the day or
days and hours of collection, which hours shall not exceed from 6:00 a.m.
to 8:00 p.m. (daylight saving time or Eastern standard time, as the case may
be).
(6)
Each licensee shall conform to all rules and regulations
of the operator of any landfill site.
(7)
Licensees shall not knowingly mix any dangerous, harmful
or deleterious substances with ordinary ashes, garbage, rubbish, refuse or
trash.
(8)
Licenses shall be valid for a period of one year and
may be renewed by the licensee upon compliance with the application procedure
contained in this chapter.
[Added 11-2-1989 by L.L.
No. 4-1989]
G.
Revocation of license. Violation of any of the foregoing
regulations or any other provision of this chapter shall be cause for revocation
of the license of any collector holding a license hereunder. The Town Board
shall have power to revoke any such license for cause shown after a hearing
thereon, at which the licensee shall have an opportunity to be heard, on 10
days' written notice to the licensee, specifying the nature of the violation
and the complaint of said violation, being in writing and signed by the complainant.
H.
Personal responsibility of licensee. Each licensee shall
be responsible for the management and control of licensee's activities, regardless
of whether such activities are carried on directly by the licensee or by the
licensee's servants, agents or employees.
I.
Collection fees. All licensed refuse collectors shall
submit a list of their proposed fees specifying charges for residential purposes,
industrial purposes and commercial and resort purposes. There shall be no
increase in fees charged or any additional charges made without approval by
the Town Board.
A.
Any person, licensee or permittee who commits or permits
any violation of any of the provisions of this chapter shall be deemed to
have committed an offense against such chapter and shall also be liable for
any such violation or the penalty therefor.
B.
For every violation of any provision of this chapter,
the person shall be subject to a fine of not more than $250 or to imprisonment
not exceeding 15 days, or to both such fine and imprisonment, and any license
or permit issued pursuant to this chapter may also be revoked in addition
thereto.
C.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of such chapter.
D.
Each day that a violation continues to exist shall be
deemed a separate offense.
