[Adopted 10-20-2009 by Ord. No. 185-2009[1]]
[1]
Editor's Note: This ordinance provided that it shall take
effect 1-1-2010.
No person, firm or corporation shall engage in the business
of collecting garbage, refuse or recycling, including but not limited
to mixed wastepaper, within the City of New Rochelle without first
obtaining from the Department of Public Works a license to carry on
such business.
The annual fee for a license under this article shall be set forth in Chapter 133, Fees, of the Code of the City of New Rochelle, which shall be payable to the Department of Public Works of the City of New Rochelle prior to the issuance of the license.
Each applicant for a license shall file with the Department
of Public Works a policy of liability insurance, with limits of not
less than $1,000 covering injury to persons and each and every vehicle
engaged in the collection of garbage and refuse, which policy shall
be endorsed to indemnify and save harmless the City of New Rochelle
from any and all claims for personal injury or property damage arising
out of the issuance of a license to engage in the business of collecting
garbage and refuse. Each applicant shall also file with the Department
of Public Works, in the form of a certificate of insurance, that proper
workers' compensation insurance is in force and effect covering each
and every person employed by the applicant in the collection of garbage
and refuse.
All licenses issued under this article shall be granted for
a term of no longer than one year, which shall end on December 31
of the year of issuance.
The vehicles to be used by collectors of garbage and refuse
shall be subject to inspection and approval of the Commissioner of
Public Works and shall be so constructed as to make impossible the
spilling of garbage and refuse; and in transporting such garbage and
refuse through City streets, the vehicle shall be covered in such
manner that none of the contents can spill on the City streets. During
the process of loading, vehicles may be uncovered, but any garbage
or refuse falling to the streets must be immediately cleaned up. All
vehicles used by the collectors of garbage and refuse shall be of
the closed-body type. The licensee must keep all vehicles clean, sanitary
and neatly painted.
The Commissioner of Public Works shall have the power and authority
to suspend or revoke any license granted by the Department of Public
Works for any violation of the provisions of this article upon 10
days' notice, in writing, to the licensee.
A.
Any owner, lessee or person, firm or corporation in control of any
business, industrial, manufacturing or other commercial activity located
or operated in the City of New Rochelle ("establishment") shall:
(1)
Remove and dispose of all garbage and waste at his, its or their own cost and expense by arranging for removal and disposal with a private garbage collector licensed pursuant to Article VII of this chapter.
(2)
Post a sign which states clearly and legibly the following information
with respect to any private collectors serving such establishment:
trade or business name, address, telephone number and the days and
time of the pickup by the private collector. Such sign shall be displayed
by affixing it to a window near the principal entrance to the commercial
establishment so it is visible from outside the building.
B.
Collection of garbage in all designated commercial zones will be
permitted from 4:00 a.m. to 10:00 a.m. Monday through Friday, and
from 7:00 a.m. to 11:00 a.m. on Saturdays, Sundays and holidays.
[Added 3-28-2017 by Ord.
No. 53-2017[1]]
C.
Any two or more commercial establishments which generate less than
33 gallons of garbage within seven consecutive days may jointly and
collectively arrange for removal and disposal of garbage with a single
private collector, so long as:
(1)
The removal and disposal agreement designates a single collection
point which is within the immediate vicinity of the commercial establishments
and which does not pose any risk to the public health or violate applicable
health laws and regulations; and
(2)
The Department of Public Works is notified of the terms of the agreement,
the names of the parties involved and the collection point within
30 days of the creation of the agreement.
D.
Any owner, lessee or person, firm or corporation in control of any business, industrial, manufacturing or other commercial activity may be granted a waiver from complying with Subsection A or C of this section by the Commissioner of Public Works. This waiver will be granted only upon a showing that the garbage or waste is being disposed of by the owner in a manner acceptable to the City and in accordance with all applicable local, state and federal laws, rules and regulations and that this regulation would pose undue hardship. Once granted, this waiver may be rescinded by the Commissioner at any time if it is determined by the Department of Public Works that the owner is not disposing of the garbage or waste in accordance with this section or in a manner acceptable to the City.
An offense against the provisions of this article shall be punishable
by a fine of not more than $500 per occurrence. The Commissioner of
Police, with the approval of the City Manager, may designate people
outside the Police Department to enforce the provisions of this article.
