[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown
as indicated in article histories. Amendments noted where applicable.]
[Art. 31 of the 1998 General Ordinance Compilation]
A.
The Board of Trustees of the Incorporated Village of
Lattingtown hereby determines that there is a significant amount of recyclable
material present in the solid waste generated in the Village that could be
removed by its residents. The recovery and reuse of such recyclable material
will reduce the amount of solid waste conventionally disposed of by providing
an environmentally acceptable disposal alternative. Recycling will reduce
the demand for increasingly unavailable landfill areas and protect the health,
safety and welfare of its residents by promoting prudent disposal programs
essential for the protection of the environment.
B.
The Board of Trustees has determined that the mandatory
separation of designated recyclables from the solid waste stream generated
within the Village will foster maximum environmental and economic benefits
with the minimum inconvenience to its residents and property owners. The Board
of Trustees has further determined that an integral element of this recycling
program shall be the reservation of the authority to adopt appropriate rules
and regulations, including the right to designate or delete the type of material
which shall be recycled; the manner, means, and method of separation; the
method of storage, collection and disposal of recyclable; and the prohibition
of certain designated materials.
C.
This article shall be construed to regulate the separation
and disposal of recyclable materials in accordance with and pursuant to the
New York State Solid Waste Management Plan as currently enacted and as hereafter
amended and shall be liberally construed to effectuate the purposes set forth
herein.
The following words and terms shall have the following meanings:
All other solid waste generated by the Village other than prohibited
materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous, or toxic substances or are not
suitable for residential disposal, and which will not be collected or permitted
to be placed in recyclable containers as set forth in the rules and regulations.
Specific types of recyclable materials as shall be designated by
the Board of Trustees pursuant to rules and regulations adopted hereunder.
Discarded solid waste material which may be reclaimed and is in the
form of paper, glass, metals and plastics.
Rules and regulations which are duly adopted by the Board of Trustees
at a public meeting.
The owner, lessee or occupant of every dwelling within the Village shall
separate and dispose of recyclables as follows:
A.
Prior to collection, all recyclables shall be processed
and cleaned, with all contents removed, in accordance with the rules and regulations.
B.
Recyclables shall be placed in an approved color-coded
container which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms of solid
waste.
C.
Newsprint shall be bundled and securely tied with a string
or placed in a brown paper bag.
D.
Recyclables shall be collected on a periodic basis and
properly disposed of at a suitable processing center.
Containers for the purpose of collecting and storing recyclables will
be initially provided by the Village to every dwelling. Such containers will
remain the property of the Village and must be kept clean and in good condition.
Recycling containers are not to be used for any purpose other than as described
herein and in accordance with the rules and regulations. In the event that
such containers are lost, damaged or stolen, additional equivalent containers
must be provided by the property owner at his own expense.
The schedule and applicable procedures for the collection of recyclables
by independent carters shall be provided, in writing, to each property owner
in the Village who is serviced by said carter. Each property owner shall be
responsible to comply with said schedule and procedures.
A.
It shall be unlawful and a violation of this article
for any person:
(1)
To place, or cause to be placed, or to permit any material, other
than a designated recyclable, in an approved recyclable container;
(2)
To permit, or to allow, or to knowingly fail to separate and
prepare recyclables for collection in accordance with the provision of this
article. After providing five days' written notice sent, certified mail, return
receipt requested, to the occupant of a dwelling, a private carter or municipality
may refuse to collect said solid waste from any dwelling where a violation
of this article exists;
(3)
To collect or cause to be collected recyclables which are in
violation of this article; or
(4)
To permit, or to allow, or to cause to occur a violation of any
rules and regulations promulgated hereunder and duly adopted by resolution
of the Board of Trustees.
B.
Presumption. Any property owner upon whose land solid
waste is left for collection or storage in such a manner as to be in violation
of this article shall be deemed and presumed to be the person who shall have
placed or deposited such solid waste on the property.
A.
Any person found to violate any provision of this article,
or rules and regulations promulgated hereunder, shall be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment. Each day that such violation exists shall
constitute a separate offense.
B.
The Board of Trustees is further authorized, upon written
notice mailed to the property owner at the owner's last known address as shown
in the Village records, to direct the removal of solid waste in violation
of this article. The cost of said removal, together with interest, shall become
a special assessment on the property where the material is removed, collectible
with the next tax bill due. This remedy is in addition to all other remedies
available to the Village to remedy the violation.
It shall be the duty of the Village Building Inspector, Code Enforcement
Officer, Police Department, and any other individual designated by the Board
of Trustees and they shall have the power, right, and authority to enforce
the provisions of this article and issue appearance tickets for violations.
The Board of Trustees is empowered and authorized to promulgate and
establish by resolution, any rules and regulations which are necessary and
proper to implement and administer the provisions of this article.
In the event that any portion, paragraph, or provision of this article
shall be declared invalid by a court of competent jurisdiction, such invalidity
shall not effect the provisions of any other portion, paragraph or section
hereof.
This article shall take effect January 1, 1990, or on such other date
as shall be established by resolution of the Board of Trustees.
[Art. 32 of the 1998 General Ordinance Compilation]
A.
In the interest of the public health, safety, and general
welfare of its residents, the Board of Trustees has deemed it necessary to
regulate and license the collection and disposal of solid waste in the Village.
B.
The objective of this article is to establish licensing
procedures and promulgate regulations and standards applicable to the collection
and disposal of solid waste generated and collected from Village residents
as shall be deemed necessary by the Board of Trustees to carry out the provisions
of this article for the benefit of the public good.
For the purpose of this article, the following definitions shall apply:
The Board of Trustees of the Incorporated Village of Lattingtown.
Any person who operates, conducts or supervises a business the principal
purpose of which is the collection, removal and disposal of solid waste.
A vehicle designed, built and used for the purpose of collecting
solid waste.
Any person who is employed by or otherwise acts on behalf of a carter
in the operation of its business, either on a full- or part-time basis.
Includes putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food, and other household
wastes, excluding recyclables.
A filed and approved application.
To pick up, collect, load or otherwise perform the collection of
solid waste, or the supervision or direction of such activities.
Any person, firm, partnership, joint venture, association, corporation,
company or organization of any kind.
Includes solid or liquid waste resulting from
industrial processes and manufacturing operations such as, but not limited
to, food processing waste, waste oil or grease or automobile parts; volatile
or explosive materials such as gasoline, benzine, kerosene, turpentine, cartridges,
shells, ammunition or gunpowder; and such other material as may be designated,
by resolution of the Board of Trustees.
Include newsprint; metal, glass and plastic containers used for food
products; and such other materials as shall be designated by resolution of
the Board of Trustees.
Include nonputrescible solid wastes (excluding ashes) such as leaves,
grass, plant clippings, weeds, branches, limbs, metal, wood, glass, bedding,
crockery and similar materials and such other materials as may be designated
by resolution of the Board of Trustees.
Include all material classified as garbage, rubbish, trash and recyclables
as previously defined, excluding prohibited material.
Include such bulk articles as appliances, furniture, bed springs,
mattresses and building materials.
A.
All carters doing business in the Village shall be licensed.
It shall be a violation of this article for any carter to operate, engage
in, conduct or supervise service to any properly in the Village without having
a current, valid license issued pursuant to this article together with such
other municipal permits as may be required by law.
B.
It shall be a violation of this article for any person
to fail to abide by any rules and regulations set forth herein or hereinafter
adopted by the Board of Trustees in furtherance of this article.
A.
Application. Every carter intending to do business within
the Village shall file a written, verified application with the Village Clerk
on the forms provided.
B.
Application form. The application shall contain:
(1)
The name and address of the applicant.
(a)
If a partnership, the names and addresses of each general
or limited partner, or in the case of a corporation, the officers and directors
and the names and addresses of each shareholder holding 10% or more of the
stock of the corporation.
(b)
The term "applicant" shall apply to all of the above
and each party shall provide all information required of an applicant.
(2)
If the applicant conducts business under a trade name
it shall be so noted on the application.
(3)
The number of collection vehicles to be operated by the
applicant. A description of each vehicle including the ownership of the vehicle,
the current New York State registration number and the area in which the vehicle
will operate.
(4)
The approximate tonnage each collection vehicle will
handle per day.
(5)
Applicant's proposed route and pickup schedule in the
Village.
(6)
The standard monthly rate available to all Village residents
shall be listed and shall be based upon:
(a)
Number of weekly pickups provided, i.e., one, two or
three pickups per week.
(b)
Average driveway of 400 feet in length and unimpeded
access to trash containers. For longer driveways an incremental factor may
be quoted.
(c)
Collection of two standard thirty-gallon containers per
pickup, with an average weight of 35 pounds per container.
(d)
Additional quotation on special pickups for miscellaneous
trash and rubbish such as disposable old refrigerators, washers, furniture,
leaves, grass clippings, manure, building material, ashes, etc.
(7)
The name, address and telephone number, both day and
night, of the applicant or the person in charge of the business.
A.
An application filed and approved in accordance with
this article shall be deemed a license.
B.
Period. Every license issued shall be effective the first
day of January, or such subsequent day of issuance and shall expire on the
31st day of December next succeeding, unless suspended or revoked by the Village
Board of Trustees.
C.
Renewal. A license may be renewed upon filing a renewal
application with the Village Clerk together with payment of the appropriate
renewal fee provided that applicant is in full compliance with all rules,
regulations and provisions of this article.
D.
Any change in the daily route, pickup schedule or customer
pricing shall be reported, in writing, to the Village Clerk 30 days before
the effective date of such change, except where the change is due to factors
beyond control of carters, then reasonable notice shall be given to the Village
Clerk.
A license shall not be issued to an applicant, unless the Board of Trustees
or its designated representative is satisfied that applicant has complied
with all terms and conditions of this article and rules and regulations.
A.
The Board of Trustees, in compliance with the requirements
herein, may deny, suspend or revoke a license for the following grounds:
(1)
False statement or willful and knowing misrepresentation
made in a license application.
(2)
Failure to comply with any lawful order or notice issued
by the Village or the Nassau County Police Department.
(3)
Violations of the provisions of this article or rules
and regulations promulgated hereunder.
(4)
Failure to correct any deficiencies in equipment, procedures
or operations within 30 days of receipt of notice from the Village.
(5)
The failure or refusal, without reasonable cause, to
collect a Village resident's solid waste, except in a situation where a contract
has been lawfully terminated, or to provide carting service to any residence
requesting service in the Village at the stated price in its application.
(6)
Failure to properly dispose of solid waste or recyclables
at the designated incinerator or any other site approved by the Village for
disposal of these materials.
(7)
Upon ceasing business operations for which a license was previously
issued.
B.
Upon revocation, suspension or the expiration of a license,
any license issued hereunder shall be surrendered to the Village Clerk.
A.
Before a license may be issued or thereafter renewed
by the Village Clerk, each applicant shall file with the Village Clerk certificates
of insurance coverage, that the following insurance coverage is in full force
and effect during the term of the license:
B.
The Board of Trustees may, by resolution, increase the
required insurance policy limits.
Every licensee shall keep complete and accurate books of account with
respect to the operation of his business. All such records shall be retained
by the licensee for at least three years.
The Village Clerk, when issuing a license, shall also issue a window
placard as approved by the Board of Trustees for each collection vehicle of
the licensee to be operated in the Village. The placard shall be displayed
in the driver's side front windshield of each vehicle. The placard shall contain
the license number of the vehicle and the signature of the Village Clerk.
Each licensed collection vehicle shall have on the outside of each door
of the cab the name and address of the licensee in letters not less than four
inches in height, either painted or otherwise securely affixed.
Upon the sale, dissolution, suspension or discontinuance, whether voluntary
or involuntary, of the business of a licensee, it shall be the duty of the
licensee to notify the Village Clerk and surrender the license and all window
placards to the Clerk.
A.
In the event of the sale, transfer or assignment of the
right, title and interest of a licensed collection vehicle, the seller, transferor
or assignor shall be required to surrender the license to the Village Clerk
within five days after such sale, transfer or assignment, together with a
sworn statement giving particulars regarding the sale, transfer or assignment,
including the name and address of the purchaser, transferee or assignee.
B.
In the event the new owner, transferee or assignee of
the vehicle desires to have said license reissued in his name, he shall file
an application in the manner provided herein.
A.
The holder of any license which has been suspended or revoked,
and any applicant who shall have been denied a license under this article,
may petition the Board of Trustees to review its determination as hereinafter
provided:
(1)
The petition for review shall be in writing, signed and acknowledged
by the applicant or licensee, and shall state the ground or grounds on which
the petitioner claims that the determination was improper or illegal.
(2)
Said petition shall be filed with the Village Clerk within 20
days after notification of denial, revocation or suspension has been mailed
to him or delivered to him in person.
B.
The Board of Trustees, after public hearing and receipt of the
Review Board recommendation, may affirm its action or direct the Village Clerk
to issue a license, pursuant to this article.
A.
A hearing required herein shall be held on the date, place and
hour designated by the Mayor.
B.
The Village Clerk shall give notice, stating the name and address
of the petitioner, the subject matter of the hearing and the date, place and
hour designated, by mailing a copy to the petitioner at the address shown
upon the most recent application at least 10 days prior to said hearing.
C.
The Mayor shall designate two or more members of the Village
Board of Trustees to conduct said hearing as a Review Board.
D.
At the hearing, the Review Board shall consider the petition
and, in its discretion, may receive new or additional evidence in support
of or in opposition to this petition.
E.
Within 14 days after the hearing, the Review Board shall submit
its recommendation to the Board of Trustees.
A.
It shall be unlawful to dispose of any solid waste within the
Village at any facility other than that so designated by the Board of Trustees.
B.
Collection vehicles shall operate only between the hours of 7:00
a.m. and 5:00 p.m., Mondays through Saturdays, excluding holidays, or as otherwise
provided.
C.
No collection whatsoever shall be made on Sundays or the following
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day.
D.
Collections are to be made in such a manner as not to permit
solid waste to fall upon property, public or private, or upon any highway
within the Village.
The Board of Trustees, after a duly noticed public hearing, may promulgate
rules, regulations and standards to ensure the quality, efficiency and effectiveness
of the enforcement, interpretation and implementation of this article.
Notwithstanding the payment of any license fee, the issuance of any
license or inspection and approval by the Village, the Village, including
its agents and employees, shall be under no obligation whatsoever concerning
the adequacy, operation or maintenance of a carting business or of its service
to Village residents, nor does it assume any liability whatsoever for the
actions of any carter.
