[Adopted 11-1-1958]
[Amended 10-10-1979 by L.L. No. 10-1979; 7-13-1988 by L.L. No. 6-1988]
B.Â
GARBAGE
GARBAGE COLLECTOR
JUNK
PERSON
REFUSE
RUBBISH
Definitions. For the purpose of this article, the
terms used herein shall be defined as follows:
All discarded vegetable matter, waste food, dead animals
or parts thereof, or other matter capable of fermentation or decay.
A person who holds himself out for hire to collect, remove
and haul matter, materials or substances referred to in the definitions
of "garbage," "junk," "refuse" and "rubbish."
All discarded metal material, including tin cans and abandoned
motor vehicles, and other waste of a solid and incombustible nature,
such as glass, pottery, wood and so forth.
An individual, corporation, association of persons, partnership,
firm, club or society.
All matter solid and liquid not specifically included within
the definitions of "junk," "rubbish" or "garbage."
All other discarded or waste material of a solid and liquid
nature, debris, fill, as well as combustible substances such as paper,
newspapers, magazines, paper or cardboard, cartons, boxes, corrugated
boxing, rags, fabrics, woven material of any kind and character, and
so forth.
No person shall engage in business as a garbage
collector without a permit for that purpose issued as hereinafter
provided.
No person shall permit, allow, deposit, leave
or suffer a discarded refrigerator, freezer, ice box or similar box
to be kept, left or remain on his premises unless the doors of same
shall be removed or securely fastened so as to avoid the possibility
of human beings or animals being trapped or locked within.
A.Â
The Town Clerk is hereby empowered to issue annual
permits, as required by this article, on the payment of such fee as
shall be required from time to time by the Town Board.
B.Â
Every applicant for a permit provided for in this
article shall file with the Town Clerk an application, in a form to
be determined by the Town Board, upon which the applicant shall give
such information, under oath, as may be required by the terms thereof.
A garbage collector permit shall be denied unless
the applicant for such permit shall furnish proof that:
A.Â
Each vehicle to be used for the removal or hauling
of garbage shall be equipped with a permanent solid covering so as
to prevent littering of garbage and so as to prevent offensive odors
from being emitted therefrom.
B.Â
Such garbage will be dumped outside the Town of Tuxedo
or at such location within the Town of Tuxedo and under such conditions
as may be approved by the Town Board.
A.Â
No application for the issuance of a permit shall
be denied until after a hearing by the Town Board held on due notice
to the applicant at which the applicant shall be entitled to be heard
with respect to its qualifications and the grounds of its application.
B.Â
No permit issued pursuant hereto shall be revoked
until after a hearing by the Town Board held on due notice to the
holder of said permit at which said holder shall be entitled to be
heard.
A.Â
The Town Clerk shall issue and receive applications
and issue permits and receipts.
B.Â
The Town Clerk shall keep a record of all permits
issued or withheld pursuant hereto and shall keep all other records
necessary or appropriate thereto.
C.Â
The Town Clerk shall submit a report from time to
time to the Town Board enumerating the applications received and stating
the action taken thereon.
A.Â
Any person committing an offense against any provision
of this article shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $5,000 or by imprisonment for not exceeding 15 days, or
by both such fine and imprisonment. The continuation of an offense
shall constitute, for each week the offense is continued after notice
thereof shall have been given, as hereinafter provided, a separate
and distinct violation.
[Amended 10-10-1979 by L.L. No. 7-1979: 7-13-1988 by L.L. No. 6-1988]
B.Â
In addition, any person who shall violate the provisions
of this article shall be liable to a civil penalty of $500 for each
and every violation thereof.
[Amended 7-13-1988 by L.L. No. 6-1988]
C.Â
Notices to applicants or violators shall be in writing,
signed by the Town Clerk, and shall be served on the applicant or
person or persons committing such violation, either personally or
by registered mail addressed to such person at his or her last known
address.