[Amended 10-10-1979 by L.L. No. 10-1979; 7-13-1988 by L.L. No. 6-1988]
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.
- GARBAGE COLLECTOR
- 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.
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.
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:
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.
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.
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.
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.
The Town Clerk shall issue and receive applications and issue permits and receipts.
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.
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.
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]
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]
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.