[Adopted 9-14-1993 by L.L. No. 6-1993; amended in its entirety 1-11-2011 by L.L. No. 1-2011]
A.
The Town of Stony Point recognizes that different standards are required
in the issuance of licenses to carters who are involved in residential
carting and commercial carting. The Town of Stony Point finds that
the need to establish current standards for such permits to protect
the health, safety and welfare of Town residents is important in recognition
of injuries and damages caused throughout Rockland County within the
past years in which particularly residential carters have operated
vehicles in a manner which has resulted in severe injury and even
death as well as damage to property.
B.
The intention of the Town Board of the Town of Stony Point by the
adoption of this article is to define the differences between residential
and commercial carting permits and the requirement that all applicants
provide documentation that they have no less than 100 committed or
current customers. In order to renew any residential permit, residential
carters are required to provide documentation that it maintains one-hundred-committed-or-current-customer
minimum. It is the purpose of this article to protect the interests
of the taxpayers of the Town by only having residential carters with
a verifiable record of providing safe and responsive service to residents.
This article shall apply to all persons, firms, corporations
and all other entities removing, transporting and disposing of solid
waste generated within the boundaries of the Town of Stony Point and
explicitly applies to the private disposal of solid waste by those
generating the same as well as to the disposal of solid waste by commercial
operators, but compliance with this article shall not be deemed to
supersede or otherwise be a substitute for compliance with the regulation,
transportation and/or disposal of hazardous waste, where another governmental
agency or authority mandates specific compliance, permits or other
requirements in conjunction with such activity.
B.
Applicants for residential carting permits for the Town of Stony
Point shall provide evidence satisfactory to the Town Clerk as follows:
(2)
Copies of any pending criminal or civil pleadings or proceedings
against any applicant or employee of any applicant concerning carting
or collection activities;
(3)
Copies of any prior civil judgments or convictions for causes of
action or offenses brought against any applicant or employee of any
applicant concerning carting or collection activities;
(4)
Proof satisfactory to the Town Clerk that all motor vehicles listed
in the application have passed all New York State safety requirements
to be transported over and upon Town roads as determined by the Highway
Superintendent for the Town after reviewing the measurements of the
vehicle and a review of the Town roads upon which the applicant seeks
to undertake carting activities;
(5)
That the applicant provides a copy of any and all contracts to be
utilized for any residence and that no provisions of the contract
shall require the forfeiture of any monies by any Town residents for
services not provided by the applicant.
(6)
A list containing the names and addresses as well as a copy of any
current contracts listing no less than 100 current or committed residential
customers residing in the Town.
No person, firm or corporation shall engage in carting services
within the Town of Stony Point, unless a permit therefor, as hereinafter
prescribed, issued by the Town Clerk of the Town of Stony Point, is
in full force and effect and such permit is prominently displayed
by affixing same to the authorized vehicle so as to be readily visible
from the exterior thereof.
A.
Application(s) for such permit shall be made to the Town Clerk of
the Town of Stony Point by the owner of the vehicle (or lessee if
leased vehicle), in writing, upon forms to be furnished by said Town
Clerk, which forms shall contain the owner's name and address, the
vehicle identification numbers for the vehicles in use, the New York
State license numbers attached thereto and such additional information
as the Town Clerk shall require. The Town Clerk may require such documents
and information as may be reasonably necessary to verify the facts
stated in such application.
B.
The applicant shall, at the time of the filing of his application,
pay a permit fee of $50.
C.
If such application(s) shall be approved by the Town Clerk, a permit
shall be issued by the Town Clerk to the applicant.
D.
Such permit shall expire on the last calendar day of each year, irrespective
of the date of application and issuance of the permit, and shall be
in such form as the Town Clerk shall prescribe.
E.
Such permit shall not be transferable to another owner/operator.
This article shall be enforced by the Town of Stony Point Police
Department.
A.
The Town Board may, following a hearing before such Town Board, revoke
the permit granted to any person, firm or corporation under the authority
of this article or any other law, ordinance, rule or regulation relating
to solid waste, for good cause shown.
B.
In addition to any other penalties that may be invoked under this
chapter, any person, firm or corporation violating any of the provisions
of this article shall be guilty of a violation punishable as follows:
C.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action in the name of the Town in any court
of competent jurisdiction to compel compliance with, restrain by injunction
the violation of this article, or seek recovery of costs fees, uncompensated
damages to Town or public property, or appropriate legal fees, professional
fees, expert fees or other costs and fees incurred by the Town as
a result of the violator's conduct.
D.
Any person who takes part in or assists in any the commission of
any violation of this article shall also be subject to the penalties
provided herein.
