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.
In addition to the information required by § 182-1 of this Code, each applicant shall furnish under oath the following information:
[Amended 8-28-1990 by L.L. No. 3-1990]
All vehicles used for garbage, refuse and rubbish
disposal by persons applying for a license hereunder shall contain
all metal, completely enclosed bodies, which are leakproof, preferably
of the "packer" type. No application shall be considered complete
unless the said application contains a statement from the Town Health
Officer or the Town Code Enforcement Officer 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 Code Enforcement Officer, and
are found to be in compliance with this chapter.
A.
The license fee and any renewal thereof shall be 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.
B.
In addition to the license fee required in Subsection A herein, each licensee shall also obtain a separate license for each vehicle used for removal of garbage and rubbish, which license shall be kept at all times in the vehicle for which it has been issued and displayed in a conspicuous place. The license fee for each vehicle shall be as set from time to time by resolution of the Town Board.
Any license issued pursuant to this article
shall not be assigned or otherwise disposed of without the consent
and approval of the Town Board.
Every license issued by the Town Clerk pursuant
to this chapter shall be subject to the following conditions:
A.
Vehicles used by licensed refuse collectors in the collection and transportation of refuse in the Town of Fallsburg shall have a fully enclosed carrier-body to prevent the escape of noxious odors or contents as provided in § 250-12.
B.
Licensees shall be allowed for dry refuse collection
open body type transportation which shall be equipped with eye hooks,
cleats or other type hold-fast facilities fixed to 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.
C.
The vehicles used by licensees shall be subject to
inspection by the Town Code Enforcement Officer, to insure that there
is compliance with this chapter as to the type of vehicle and the
existence of a license on the vehicle.
[Amended 8-28-1990 by L.L. No. 3-1990]
D.
All trucks must have minimum liability insurance coverage
as required by the State of New York for motor vehicle registration.
E.
Licensees shall collect garbage, refuse and rubbish
and shrubs when tied in bundles or placed in containers; also, dirt
and sod in reasonable amounts from normal yard cleanup and clippings
when in containers, plus household wares, large appliances and furniture.
F.
No collection work shall be made on Sundays, or holidays,
with the exception of commercial establishments.
G.
No applicant shall be eligible for a license if any
person in interest, whether as an individual, owner, officer or director
of a corporation or partner shall have been convicted of a felony.
H.
Any changes in ownership in an individual officer,
stockholders or directors of a corporation, where the license is not
affected, must be reported to the Town Clerk within five days. Said
changes must be approved by the Town Clerk.
I.
Each licensee shall conform with all rules and regulations
of the operator of the designated landfill site.
J.
Licensees shall not mix any dangerous, harmful or
deleterious substances with ordinary ashes, garbage, rubbish, refuse
or trash and shall be responsible for separating any such substances
from their loads prior to trucking such material outside the Town
limits.
K.
Licensees shall arrange their loads to the fullest
extent possible so that such loads are acceptable for disposal in
the designated landfill site.
L.
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
public 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, the complaint of said violation being
in writing and signed by the complainant.
A.
The licensee shall personally be responsible for the
management and control of his or her activities, regardless of whether
such activities are carried on directly by him or her or by his or
her servants, agents or employees.
B.
The licensee must maintain a sufficient number of
employees to properly carry on the activity for which this license
is issued.
A.
The maximum fees for collection of garbage, refuse
and rubbish which may be charged by any licensed refuse collector
shall be subject to approval by the Town Board.
B.
All licensed refuse collectors shall submit a list
of their proposed fees specifying charges for residential purposes,
industrial purposes, commercial and resort purposes. After approval
by the Town Board, there shall be no increase in fees charged or any
additional charges without approval by the Town Board.
