[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach: Art. I, 9-13-1976 as L.L. No. 3-1976;
Art. II, 6-13-1977 as L.L. No. 3-1977.
Sections 60-9B(8), 60-12 and 60-24 amended and § 60-20.1 added at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 23.
[Adopted 9-13-1976 as L.L. No. 3-1976]
Whereas the Village of Sylvan Beach has no municipal garbage collection
facilities or equipment and whereas it is not only necessary but vital to
the health, safety and general welfare of the Village of Sylvan Beach and
its inhabitants that the village prohibit the pickup and collection of garbage,
trash and other refuse without a license and whereas the Village Board of
the Village of Sylvan Beach deems and considers it to be in the best interest
of the village, its residents and visitors to regulate the pickup and collection
of garbage, trash and other refuse, the Village Board hereby provides as follows.
For the purpose of this Article, the following words and phrases shall
have the meanings respectively ascribed:
The residue from burning wood, coal, coke or other combustible materials.
All vegetable, animal or other matter, liquid or otherwise, likely
to ferment and decompose and produce noxious odors or become injurious to
health, and other materials commonly considered as "garbage."
Any motor vehicle, vehicle, device or trailer used for the pickup,
collection, removal and/or transportation of garbage.
Includes any person, firm, partnership, corporation or association
owning and operating a garbage truck or garbage trucks and shall include a
purchaser under a reserve title, contract, conditional sales arrangement or
vendor's lien agreement and the lessee of any garbage truck or garbage
trucks under a written lease or similar contract.
Includes an individual, individuals, a partnership or a corporation.
Ashes, sweepings, paper materials, rags, bottles, tin cans, glass,
grass clippings, crockery and similar materials.
Appliances, furniture, Christmas trees and other articles incapable
of being bundled effectively, excluding major demolition and construction
debris and trees or limbs.
No garbage truck shall operate for the purposes of pickup, collection,
removal and/or transportation of garbage, trash or other refuse within the
Village of Sylvan Beach unless the owner shall first have obtained a license
from the Village Clerk for each garbage truck operating within the village
limits.
The Village Board shall have the authority to designate the forms of
the license.
A.
The owner shall post the license in a conspicuous place
on each garbage truck operating within the Village of Sylvan Beach, and the
driver shall present same, upon request, to any member of the Village Board
or Department of Codes Enforcement.
The Village Clerk shall issue yearly licenses. The term of said yearly
licenses shall be from the first day of June through the 31st day of May,
unless sooner suspended or revoked by the Village Board.
The license fee for each garbage contractor shall be $15.
Applications for licenses shall be filed with the Village Clerk upon
forms to be provided by the Clerk. Applications for renewal of licenses shall
be similarly filed with the Village Clerk upon forms to be provided by the
Clerk.[1]
A.
The Village Board shall have the authority to establish
such rules and regulations for the issuing of licenses as the Village Board,
in its discretion, may deem to be in the best interest of the Village of Sylvan
Beach.
B.
In addition to the above:
(1)
No license shall be issued until the vehicle for which
application is made has been first visually examined and inspected by the
Village Clerk or his designee.
(2)
No license shall be issued until the vehicle for which
application is made has been duly licensed by the State of New York, including
state inspected, if so required.
(3)
Each vehicle for which application is made shall bear
the name, address and telephone number of the licensee on the exterior of
both the driver's and passenger's doors of said vehicle.
(4)
No license shall be issued unless the applicant demonstrates
to the satisfaction of the Village Board that he is qualified under the terms
and provisions of this Article. In addition, no license shall be renewed unless
the licensee can demonstrate to the satisfaction of the Village Board that
he has satisfactorily fulfilled all of the obligations imposed upon him under
the prior license.
(5)
All vehicles used by the licensee for the purpose of
pickup, collection and/or removing garbage, trash or other refuse placed on
the curbs of the streets of said village in accordance with the local laws
of the Village of Sylvan Beach shall be so equipped and adapted for the purposes
of aforesaid and in addition contain a permanent or removable metal cover
of such type and construction so that the loading thereof can be performed
with as little exposure of the contents as is consistent with the efficient
collection of the aforesaid materials and prevent the falling off and scattering
of such materials on the streets and highways during the collection and transportation
thereof. Such vehicles shall also be designated by sign, lettering or otherwise
as garbage and/or rubbish vehicles. Said vehicles shall also, as part of their
equipment, carry sufficient shovels, brooms and other tools as may be necessary
for the cleaning up of any materials spilled or dropped during the collection
or transportation thereof.
(6)
No license shall be issued unless the licensee is capable
of providing, and does in fact so provide, the pickup and collection of trash,
as well as the pickup and collection of garbage, and no license shall be issued
unless the licensee has the capability of providing, upon request, and does
so in fact provide upon request, dumpsters.
(7)
The Village Board deems it to be in the best interest
of the village to provide for and direct the orderly and regular pickup, collection
and removal of garbage. Therefore, the following pickup, collection, removal
and transportation schedule is hereby declared:
[Amended 5-22-1978 by L.L. No. 2-1978]
(a)
Licensees must provide garbage and/or other refuse pickup
collection and removal services on each and every Monday throughout the year
and shall also provide the same on each Friday throughout the months of June,
July, August and September. In addition to the same, the hours of the pickup,
collection, removal and transportation are hereby specifically limited to
between the hours of 7:00 a.m. and 9:00 p.m.
(b)
Trash shall and must be collected and removed in accordance
with the rules and regulations of the village, during the hours of 7:00 a.m.
and 9:00 p.m. on the last Thursday of each month.
(8)
The licensee shall, in accordance with the rules and
regulations of the Village of Sylvan Beach, dispose of all collected materials
outside of said village. Said village shall, in no way, be responsible for
the manner of disposition of such materials.[1]
(9)
The licensee shall comply with the provisions of the
Labor Law of the State of New York as to hours and wages and all other provisions
applicable to the type of work set forth in the within specifications. He
shall also comply with requirements of the Workers' Compensation Law
of the State of New York, in the event that the same is applicable herein,
and he shall also comply with requirements of any other local, state or federal
law directly applicable to him or his garbage collection business.
(10)
The licensee will be required to carry and maintain a
public liability policy for property damage and bodily injury in the amount
of at least $5,000 for property damage and at least $50,000 for injury to
any one person and $100,000 for any one accident, resulting in connection
with the work to be performed as herein provided. Said policy of insurance
shall be deposited in escrow with the Clerk of the Village of Sylvan Beach,
New York. The licensees will also hold said village harmless from any and
all claims that may arise as the result of the licensee operating within the
Village of Sylvan Beach.
(11)
Licensees are required to furnish to the Village Clerk
a bond for the faithful performance of their work for at least the duration
of the license period, in an amount to be decided upon by the Village Board;
however, said amount shall not be more than the sum of the gross revenue of
each licensee's business within the village. This provision may be waived
by the Village Board upon written evidence that the licensee will rebate to
his customers an amount of money equal to any default or failure on the licensee's
part to fulfill his contract with his customers.
(12)
The licensee shall, in addition to the foregoing, also
comply with any local law of the Village of Sylvan Beach and the Health Department
of the county and state relating to the collection, removal and disposal of
ashes, garbage, refuse and rubbish and any other rule or regulation of said
village and county and state pertaining thereto.
A.
No license shall be issued unless the licensee has affirmed
in writing that he will indemnify the Village Clerk, the Village Board and
the Village of Sylvan Beach from any and all claims that may arise as a result
of the licensee's activities within the Village of Sylvan Beach, including
but not limited to acts of negligence, gross negligence, omission or commission.
B.
The licensee must agree that he is solely responsible
for the selection of his employees and that the Village of Sylvan Beach shall
be and is in no way responsible for the selection or retention of said employees
and that said employees are in the sole and absolute control of the licensee.
The Village Clerk may suspend or revoke any license where the licensee
has failed to comply with any of the provisions hereof. Upon written notice
of suspension or revocation, the licensee must turn in his license to the
Village Clerk. Should the holder of the license that has been revoked or suspended
believe that the suspension or revocation is improper, said individual may
appeal to the Village Board for a hearing, which hearing shall be open to
the public.
Any person violating any of the provisions of this Article shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment.
[Adopted 6-13-1977 as L.L. No. 3-1977]
Whereas the Village of Sylvan Beach has no municipal garbage collection
facilities or equipment and whereas it is not only necessary but vital to
the health, safety and general welfare of the Village of Sylvan Beach and
its inhabitants that the village regulate the deposit, removal and disposal
of garbage, trash and other refuse and whereas the Village Board deems and
considers it to be in the best interest of the village, its residents and
visitors to establish and regulate said deposit, removal and disposal of garbage,
trash and other refuse, the Village Board hereby provides as follows.
For the purpose of this Article, the following words and phrases shall
have the meanings respectively ascribed:
The residue from burning wood, coal, coke or other combustible materials.
All vegetable, animal or other matter, liquid or otherwise, likely
to ferment or decompose and produce noxious odors or become injurious to health,
and other materials commonly considered as "garbage."
Includes an individual, individuals, a partnership or a corporation.
Ashes, sweepings, paper materials, rags, bottles, tin cans, glass,
grass clippings, crockery and similar materials.
Appliances, furniture, Christmas trees and other articles incapable
of being bundled effectively, excluding major demolition and construction
debris and trees or limbs.
A.
Every dwelling and every part thereof, including the
lot on which the dwelling is located, shall be kept reasonably free from any
accumulation of garbage, rubbish and filth.
B.
The owner, lessee, tenant or any other person having
the management or control of or occupancy of any lot or any plot of land in
the village shall keep such land at all times free and clear of any accumulation
of ashes, rubbish, refuse, grass cuttings, leaves, garbage, offal or any offensive
substances, except as are deposited in containers or are otherwise secured
as provided for in this Article.
C.
No person shall deposit any ashes, rubbish, refuse, grass
cuttings, leaves, garbage, offal or any other offensive substances anywhere
within the Village of Sylvan Beach, except such as are deposited in containers
or are otherwise secured as provided for in this Article.
No person shall throw, cast or direct or permit any garbage, trash or
other refuse of any kind to be thrown upon any street, walk, lawn, road, park
or beach, or other public place, or upon any private property, whether owned
by such person or not, within the village, and, further, no person shall cast,
place or sweep anywhere within the village any garbage, trash or other refuse
in such manner that it may be carried or deposited by the elements upon any
street, sidewalk, alley, sewer, drain, gutter or parkway, or other public
place, or into any occupied or nonoccupied premises within the village.
No person shall throw, dump, deposit or place or cause to be thrown,
dumped, deposited or placed on any highway within the Village of Sylvan Beach
or within the limits of the right-of-way of such highway or upon private lands
adjacent thereto, any garbage, trash or other refuse.
No person shall throw, distribute or leave, or cause to be thrown, distributed
or left, or shall deposit in any waste box or other receptacle upon any of
the streets, alleys or public places of the village, any bill, advertisement
or paper in such manner that the same may be scattered or left upon the surface
of any street, alley or public place.
No person shall transport or cause to be transported garbage, trash
or any other refuse of any kind on or about the public streets or public thoroughfares
or places of the village, unless said vehicle or carrier of such matter be
completely covered by heavy canvas, tarpaulin or other cover securely latched
down or firmly tied to the vehicle or carrier, thus preventing said matter
being transported from falling off or causing littering of the above-mentioned
places.
It shall be unlawful for any person to scatter, drop or spill or permit
to be scattered, dropped or spilled from any vehicle, or part thereof, or
receptacle or otherwise any garbage, trash or other refuse of any sort therefrom
in or upon any street or public place. For the purposes of this section refuse
and rubbish shall include dirt, brick, building materials, stone, cement or
cement by-products and blacktop material.
No person shall deposit, drop or spill or permit to be deposited, dropped
or spilled in any village-owned barrel, container or dumpster any garbage,
trash or any other refuse of any kind which has accumulated in his personal
residence or camp.
It shall be unlawful for any person, either as owner, occupant, lessee,
agent, tenant or otherwise, to store or deposit or cause to permit to be stored
or deposited, abandoned, junked or discarded derelict automobiles, refrigerators,
stoves, furnaces, furniture items or building materials on any residential
or commercial property or on any other property in the village not specifically
designated by the Zoning Ordinance[1] or other ordinances or by licensed use for such storage or disposition.
A.
All garbage intended for removal by licensed garbage
trucks shall be drained and wrapped heavily in paper and shall be contained
in tightly covered, watertight, galvanized iron or other nonrusting metal
cans having handles or in heavy plastic rubbish bags, properly secured at
the top thereof and of a capacity of not less than 10 nor more than 30 gallons
per can and filled no higher than to within four inches from the top and shall
not exceed 65 pounds in weight. The number of cans shall not exceed five and
the equivalent of five cans of bagged leaves, bundled twigs and other articles
acceptable by this Article. Rubbish and ashes shall be stored in durable containers
with close-fitting covers, except that bulky rubbish, such as tree trimmings,
newspapers and collapsed boxes, may be compactly tied and bundled as to be
easily handled and not likely to be scattered but not to exceed three feet
in length or more than 50 pounds in weight and when so tied and bundled may
be stored beside the containers.
B.
No garbage, trash, ashes, rubbish, paper, cartons, bottles
or any other refuse or junk of any description whatsoever shall be placed
or allowed to be placed or shall remain in containers on any public street,
alley, sidewalk, curb, or between the sidewalk and the curb, in the village
between the hours of 4:30 p.m. on Friday of each week to 6:00 p.m. of the
following Sunday.
C.
Garbage and rubbish intended for removal shall not be
permitted to become wet or frozen.
D.
All cans intended for removal shall be placed near the
curb or near the edge of the traveled portion of the street, avenue or alley
and in plain view from the street, avenue or alley.
E.
When garbage, trash or other refuse resulting from engaging
in business exceeds five regulation containers, the Village Board may require
the operator of such business to collect, remove and dispose of such excess
by means of a dumpster, the location of which the Village Board shall have
the authority to designate.
F.
Radioactive materials, drugs, poisons and other substances
shall be disposed of under the supervision of the Commissioner of Health.
G.
All garbage removed shall be disposed of in such a manner
as not to create a nuisance, and the covers of all vessels used for the purpose
of removing such garbage shall be kept tightly closed while they are being
transported through the streets of the village.
H.
The Codes Enforcement Officer of the village shall be
empowered to require that any person owning or occupying real property within
the village remove from such premises any accumulation of garbage, rubbish,
filth, litter or junked or abandoned automobiles and other objectionable items.
If such person shall fail, within a ten-day period, to comply, the Codes Enforcement
Officer shall take steps to complete such removal. It shall be lawful for
the Codes Enforcement Officer to cause the same to be removed by personnel
of the Public Works Department of the village or by a private contractor and
to charge the expenses therefor to the owners of such premises and to collect
the same by adding such expenses to the village tax on such premises for the
next taxable year, and said charge shall become a lien on the property.
I.
No salvaging or scavenging operations shall be permitted
from refuse materials placed at the curb for collection.
In the event that private collection is not maintained or contracted
for by an owner or lessee, all of the local laws, rules and regulations of
the state and village must be observed with regard to said removal and disposal
of garbage, trash or other refuse.
Any person violating any of the provisions of this Article shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment.
