Town of Orangetown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted Orangetown Town Board 12-29-1975 by Local Law No. 13, 1975. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers' licensing — See Ch. 20.
Scavenger wastes — See Ch. 29A.
A. 
The great influx of people into the Town of Orangetown has resulted in the garbage collection industry becoming an important factor in the community. Proper collection results in the preservation of the appearance of the municipality and the prevention of health hazards. Also, the convenience and financial well-being of the citizenry is affected by proper regulation of the industry.
B. 
On September 11, 1975, the Orangetown Consumer Protection Board recommended that the Town Board establish a local law for the regulation of the trade waste industry and to establish a Sanitation Commission.
C. 
The Town Board seeks to properly regulate the garbage collection industry based on the findings of the Orangetown Consumer Protection Board and other evidence supplied to it. It is the intention of the Town Board to maintain prompt, efficient, clean and courteous service by the garbage collection industry at reasonable prices.
D. 
The Town Board wishes to continue to encourage and promote the free enterprise system as the basic method of conducting trade waste and garbage removal operations in the Town of Orangetown.
For the purpose of this local law, the terms used herein are defined as follows:
ENGAGE IN BUSINESS
Solicitation, correspondence, contracting or furnishing of containers, vehicles, machinery, appliances, materials or any other items used for the purpose of the collecting, removing or transporting of garbage.
GARBAGE
Material, goods, wares and merchandise, and any ingredients, parts or by-products thereof, sold, assembled by business or commercial firms who have discarded waste, whether animal, fish, fowl, fruit or vegetable matter, resulting from the use, storage and growth of food for human consumption, and including spoiled foods, garden and tree fruits and vegetables, tin, glass or other food containers, discarded combustible and noncombustible waste materials, swill, ashes, the residue from the combustion of wood, coal, coke, charcoal and other combustible material, newspapers, papers, rags, cartons, boxes, excelsior, straw, rubber, leather, metals, mineral matter, crockery, dust and sweepings from buildings. "Garbage" shall not be deemed to include the carcasses of animals, grass and yard trimmings, tree branches and rocks and stones.
[Repealed 6-11-1990 by L.L. No. 9, 1990]
PERSON
Any individual, group of individuals, corporation, firm, association or partnership. The term "person" includes the plural as well as the singular, and the feminine as well as the masculine gender.
[Amended 6-11-1990 by L.L. No. 9, 1990]
No person shall engage in the business of collecting, removing or transporting garbage in the Town of Orangetown without first obtaining from the Sanitation Commission a license to carry on such business in the Town and an appropriate identification card for each vehicle used in such business.
[Amended 5-24-1976 by L.L. No. 5, 1976; 10-13-1987 by L.L. No. 12, 1987; 11-23-1992 by L.L. No. 22, 1992; 10-10-1995 by L.L. No. 8, 1995; 10-16-1995 by L.L. No. 21, 1995]
The fee for a license to engage in the business described in this local law shall be $200 per application, and $150 per vehicle annually, which fee shall be payable to the Sanitation Commission prior to the issuance of a license. The fee shall not be prorated, except as herein stated, provided that, in the event of the sale of a business, the new licensee shall pay a license fee of $100 per application and $100 per vehicle if the new license is obtained after July 1 in any year. Any application for a temporary license shall be accompanied by a twenty-five-dollar fee.
A. 
The Sanitation Commission is hereby authorized to grant licenses and identification cards under its hands, to be sealed with the Corporate Seal of the Town.
B. 
All applications for licenses and identification cards shall be made by the applicant on forms to be provided by the Town Clerk. Said applications shall set forth the name, business and residence address of the applicant; the names and residence addresses of the officers and stockholders or partners if the applicant is a corporation or partnership; whether the applicant, any partner, stockholder or corporate officer has been convicted of a misdemeanor or felony; a statement of the ownership interest by said applicant, stockholder, officer or partner in any other garbage collection business; a statement of the number, type and kinds of vehicles to be used by the applicant, including their unladen weight and capacity, trade name, body type, serial and motor numbers and state registration number; the kind of service the applicant desires to perform in the Town; and such other information as may be required by the Sanitation Commission. Supplementary applications shall be verified by the applicant; by one of the partners, if a partnership; and by one of its officers, if a corporation.
[Amended 6-11-1990 by L.L. No. 9-1990]
C. 
Each applicant, partner or corporate officer, shareholder or director having any interest in a corporation seeking a sanitation license from the Sanitation Commission of the Town of Orangetown shall have a fingerprint impression of the fingers and thumbs on both hands taken by the Police Department of the Town of Orangetown. The Police Department of the Town of Orangetown is authorized to forward the applicants fingerprints to the New York State Division of Criminal Justice Services for a criminal convictions investigation prior to the issuance of said license. The Police Department shall secure from the applicant the required fee for said investigation in the form of a check or money order made payable to the New York State Division of Criminal Justice Services and shall forward said payment, together with the fingerprints to the New York State Division of Criminal Justice Services. The information secured as a result of said investigation shall be reviewed by the police officer assigned by the Chief of Police of the Town of Orangetown. The Sanitation Commission shall not issue a license to any applicant, partner or corporation consisting of a corporate officer, shareholder or director who has been convicted of a felony or a Class A Misdemeanor as defined in the Penal Law of the State of New York, and who has not, subsequent to such conviction, had this disability removed as provided in Correction Law Section 751. An application for an exemption for anyone convicted of a Class A Misdemeanor may be made to the Sanitation Commission and upon good cause, the Sanitation Commission may waive this disability.
[Amended 5-9-1994 by L.L. No. 3, 1994; 10-10-1995 by L.L. No. 9, 1995]
D. 
The application form must be endorsed in writing by the Chief of Police of the Town, certifying to the accuracy of the applicant's statements setting forth the applicant's past criminal record and criminal associations, if any, and to the completeness of such statements.
E. 
Any applicant, partnership or corporation which is already licensed may make application to the Clerk of the Sanitation Commission for a temporary license to be used solely and only in the event that a vehicle already licensed is inoperative as a result of mechanical failure or due to other breakdown. This temporary license shall be made upon application submitted to the Clerk and approved by the Chairman of the Sanitation Commission or the Commission's designee in the absence of the Chairman. The temporary license will be for a period not to exceed 30 days and it shall be indicated on any license or identification card that this vehicle is a substitute for a vehicle which is already licensed which may not be used during the period of time that the temporary license is in force and effect. The applicant may surrender the temporary license at any time during the thirty-day period to the Clerk at which time the original vehicle for which it is being substituted may be again used. The license and identification cards will reflect all changes. Additionally, a temporary license may be obtained for a new vehicle pending a hearing and determination of the Sanitation Commission the issuance of an additional license for an additional vehicle. Said temporary license shall not exceed 30 days and must be accompanied by an application and fee for an additional or substitute vehicle. That application for renewals may not be made without the approval of the Sanitation Commission.
[Amended 10-10-1995 by L.L. No. 8, 1995]
F. 
No license will be renewed unless the licensee is actively engaged in the business of collecting garbage within the Town of Orangetown.
[Amended 6-11-1990 by L.L. No. 9, 1990]
A. 
The charges to be made for collection services shall be the following amounts:
[Amended 2-26-1979 by L.L. No. 2, 1979[1]; 3-8-1982 by L.L. No. 3, 1982]
(1) 
Private residence. The charges shall be pursuant to such rates as may from time to time be established by the Sanitation Commission as hereinafter set forth.
(a) 
If a private residence has more than one separate living unit, each unit may be billed by the residential carter as though it were a separate residence.
[Amended 6-11-1990 by L.L. No. 8, 1990]
(b) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(1)(b), which dealt with the charge for collection of grass, was repealed 6-11-1990 by L.L. No. 9, 1990.
(c) 
The charges currently in effect for garbage will remain until amended as hereinafter provided.
[Amended 6-11-1990 by L.L. No. 9, 1990]
[1]
Editor's Note: This local law takes effect 2-26-1979.
B. 
The members of the garbage collection industry may petition the Sanitation Commission for permission to change rates in excess of the maximum rates then in effect. The Sanitation Commission may recommend a rate change to the Town Board after due notice and public hearing, provided that said rate change is fair and reasonable, in the public interest and supported by evidence. Any rate change shall be subject to a resolution approved by the Town Board.
[Amended 9-25-1978 by L.L. No. 10, 1978; 3-8-1982 by L.L. No. 3, 1982]
C. 
The recommendation of the Sanitation Commission to the Town Board shall be preceded by a public hearing. Said public hearing shall be held by the Sanitation Commission no later than 60 days after service of the petition upon the Town Clerk. Any adjourned or continued hearing shall be scheduled no later than 30 days after conclusion of the last session.
[Added 9-25-1978 by L.L. No. 10, 1978; 3-8-1982 by L.L. No. 3, 1982]
D. 
Notice of the public hearing and any adjourned or continued hearing requested by the petitioner or petitioners shall be published in the official newspaper of the Town and posted by the Town Clerk on the Town Clerk's signboard at least 10 days prior thereto. Failure to make said posting shall not invalidate the public hearing.
[Added 9-25-1978 by L.L. No. 10, 1978]
E. 
The public hearing shall be transcribed by a stenographer. The Sanitation Commission shall swear all witnesses. It shall first take testimony in support of the petition from representatives of the petitioner or petitioners and from parties or persons requesting the same or similar relief as in the petition and from members of the public in favor of the petition or similar relief as in the petition. It shall then take testimony from the public in opposition to the relief requested in the petition. The petitioner or petitioners may then supply rebuttal testimony.
[Added 9-25-1978 by L.L. No. 10, 1978]
F. 
There shall be no right of cross-examination. Questions to witnesses, after their direct testimony, may be addressed to the Chairman of the Sanitation Commission and shall be propounded to the witnesses by the Chairman only upon the concurrence of a majority of the Commission. Furthermore, Commission members and the Town Attorney may individually question the witnesses.
[Added 9-25-1978 by L.L. No. 10, 1978]
G. 
Any exhibits shall be admitted into evidence only upon the concurrence of a majority of the Commission after first receiving the recommendation of the Town Attorney assisting the Commission at the hearing. Any correspondence from the public or any interested party shall first be read publicly and the same shall be admitted into evidence if testimonial in nature only upon the concurrence of a majority of the Commission after first receiving the recommendation of the Town Attorney assisting the Commission at the hearing.
[Added 9-25-1978 by L.L. No. 10, 1978]
H. 
The Sanitation Commission shall send its recommendation to the Town Board within 30 days after the conclusion of the public hearing.
[Added 9-25-1978 by L.L. No. 10, 1978; amended 3-8-1982 by L.L. No. 3, 1982]
I. 
The Town Board at a regular scheduled meeting held within 30 days after it receives the recommendation of the Sanitation Commission shall by resolution act upon said recommendation. The Town Board may approve or disapprove the recommendation, in whole or in part; may condition any permission for a rate change; and may grant other, further and different relief from that requested in the petition.
[Added 9-25-1978 by L.L. No. 10, 1978; amended 3-8-1982 by L.L. No. 3, 1982]
J. 
No notice that a vote will be taken as to the recommendation of the Sanitation Commission need be published or posted, and no further public hearing shall be held, provided that the fact that a vote will be taken appears on the Town Board agenda promulgated the weekend before said Town Board meeting.
[Added 9-25-1978 by L.L. No. 10, 1978; amended 3-8-1982 by L.L. No. 3, 1982]
K. 
Any person or persons, jointly or severally aggrieved by the final decision of the Town Board, shall have the right to review said decision by a proceeding under Article 78 of the Civil Practice Law and Rules, which proceeding must be commenced within 30 days of the filing of such decision with the Town Clerk.
[Added 9-25-1978 by L.L. No. 10, 1978]
[Amended 6-11-1990 by L.L. No. 9, 1990; 10-16-1995 by L.L. No. 21, 1995]
Each applicant for a license shall file with the Sanitation Commission and the Town Clerk evidence in the form of a certificate of insurance that a policy of liability insurance is in full force and effect, with the limits of not less than $500,000/$1,000,000 covering bodily injury and property damage, and covering the applicant and each and every vehicle engaged in the collection of garbage, which policy shall be endorsed to indemnify and save harmless the Town of Orangetown from any and all claims for personal injury or property damage arising out of the operation, ownership and maintenance of any vehicle used by the applicant in the Town. Each applicant shall file with the Sanitation Commission evidence in the form of a certificate of insurance that the proper workmen's compensation insurance is in force and effect covering each and every person employed by the applicant in the collection of such garbage, rubbish and trade waste. Said certificates of insurance shall be approved by the Town Attorney.
All licenses issued under this local law shall be granted for a term to end on the 31st day of December next following the issuance thereof.
[Amended 5-24-1976 by L.L. No. 5, 1976]
A. 
Except as herein otherwise provided, any person having been duly granted a license and identification card in any previous year upon payment of a renewal fee of the same amount as required for the original issue, and filing the insurance certificates required herein, and upon a sworn statement to the Sanitation Commission that there has been no change in the original application or any subsequent supplementary application, and the written endorsement on the renewal application form by the Chief of Police of the Town certifying to the accuracy of the applicant's statements setting forth the applicant's past criminal record and criminal associations, if any, and to the completeness of such statements.
B. 
Failure to file a renewal application and pay the proper fees therefor by the first day of November of each year shall subject the applicant to the following penalties in addition to the normal fees:
[Amended 10-13-1987 by L.L. No. 12, 1987; 11-23-1992 by L.L. No. 22, 1992; 10-16-1995 by L.L. No. 21, 1995]
(1) 
A penalty of $300 for filing between November 1 and November 30.
(2) 
A penalty of $600 for filing between December 1 and December 31.
C. 
All renewal applications filed subsequent to December 31 may be renewed at the discretion of the Commission. Should said renewal application be granted, the applicant shall pay a penalty of $300 for each month's delay after December 31, in addition to the penalty of $600 as provided in § 17B-9B(2).
[Amended 10-13-1987 by L.L. No. 12, 1987; 11-23-1992 by L.L. No. 22, 1992; 10-16-1995 by L.L. No. 21, 1995]
A. 
A license may be refused or revoked if the applicant, any partner, stockholder or corporate officer shall have been convicted of a misdemeanor or felony which in the judgment of the Sanitation Commission renders the applicant unfit or undesirable to carry on the trade or occupation involved herein. The Sanitation Commission may also revoke or refuse a license to any applicant who in its judgment shall be unfit, undesirable or incapable of conducting the trade or business involved herein, or who fails to comply with the provisions of this local law. Failure to actively engage in the garbage removal business in the Town of Orangetown for a period of six months shall subject such license to revocation. The granting, refusal or revocation of such license by the Sanitation Commission shall be subject to review as provided by law. Failure to comply with the provisions of this local law shall be considered grounds for revocation of a license.
[Amended 6-11-1990 by L.L. No. 9, 1990]
B. 
The licensee or proposed licensee may appear in person or by counsel before the Sanitation Commission.
C. 
A stenographic transcript shall be made of any hearings, and a typewritten copy of a transcript shall be furnished to the licensee at said licensee's cost and expense.
Refusal to comply with the following regulations shall be grounds for revocation of the license:
A. 
The licensee shall, between the hours of 5:30 a.m. and 3:00 p.m. of the business day, excluding Sundays and holidays, be required to furnish such services to the public as herein provided.
B. 
The licensee may work on Saturdays or holidays in his or its individual discretion.
C. 
An identification card shall be carried on each vehicle used in the licensee's business and shall be exhibited on demand of the property owner where collection is being made or by the Orangetown police.
D. 
The licensee shall render efficient, reliable, quiet and courteous service at all times.
E. 
The licensee shall not arbitrarily discontinue service to any customer. In the event that any customer fails to pay for the services rendered for a period of three consecutive months, service may be discontinued by the licensee giving a notice of discontinuance in writing to the customer by certified mail, return receipt requested, with a copy to the Sanitation Commission.
F. 
The licensee shall make a minimum of two collections per week.
G. 
The licensee shall not refuse to collect garbage although there is no separation of materials.
H. 
The collector shall pick up any garbage which is dropped by him.
I. 
The licensee shall park his or its vehicle as far off the road as possible.
J. 
The licensee shall continue to make pickups at the present locations, provided that the same are at the exterior of the building and no farther than approximately 100 feet from the curb. No customer is required to place garbage cans along the street for pickups, except in an emergency declared by the Supervisor of the Town of Orangetown.
K. 
The licensee will not be required to pick up at such times when the sanitary landfill area is closed.
L. 
The licensee shall bill customers at least once every other month.
M. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection M, regarding refusal by the licensee to collect grass, was repealed 6-11-1990 by L.L. No. 9, 1990.
N. 
The licensee may refuse service if proper access is not provided to the premises by the customer after notice, provided that the licensee shall immediately report to the Commission by certified mail such lack of access and refusal to provide services.
O. 
The licensee's license may be revoked if the licensee deposits any garbage, refuse or other material not originally received by the licensee from a customer within the Town of Orangetown at the Town of Clarkstown Solid Waste Facility located at Route 303 in West Nyack, New York, or any other depository authorized for use by the Town of Orangetown, if said licensee represents that the garbage, refuse or other material was received from a customer within the Town of Orangetown.
[Amended 6-11-1990 by L.L. No. 9, 1990; 3-11-1991 by L.L. No. 2, 1991]
P. 
The licensee's license may be revoked if the licensee deposits any garbage, refuse or any other material received by the licensee from a customer or location within the Town of Orangetown at a facility other than the Town of Clarkstown Solid Waste Facility at Route 303 in West Nyack, New York, or any other depository authorized for such use by the Town of Orangetown.
[Added 3-11-1991 by L.L. No. 2, 1991]
A. 
The customer must purchase his or its own containers.
B. 
All garbage must be in covered containers. The collector shall not be required to collect any garbage which is not placed therein.
C. 
The customer shall not require collections from the interior unless an extra charge shall be mutually agreed upon with the collector.
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding collection of grass, was repealed 6-11-1990 by L.L. No. 9, 1990.
E. 
The customer shall at all times, and particularly during inclement weather, provide a suitable walkway for the collector as access to the containers.
A license shall not be assignable. Any holder of a license granted under this local law who allows it to be used by any other person, and any person who uses a license granted to any other person, shall each be guilty of a violation of this local law.
A. 
The vehicles to be used by collectors of garbage shall have been inspected and approved by the Rockland County Health Department, whose inspection certificate, signed by a sanitary inspector, shall be exhibited to the Sanitation Commission, and shall be so constructed as to make impossible the spilling or leakage of garbage; and in transporting such materials through the Town, the vehicle shall be covered in such a manner that none of the contents can spill on Town roads. Any garbage falling to the streets or roads in said Town must be immediately cleaned up.
[Amended 6-11-1990 by L.L. No. 9, 1990]
B. 
The licensee must keep all vehicles clean, sanitary and neatly painted and shall wash, clean and disinfect such vehicles at least once a week.
C. 
The licensee must keep all vehicles readily identifiable by lettering the names of the owners and their Orangetown license numbers, as well as load capacity, in letters of suitable size upon the vehicles. Such letters shall be of the minimum height of four inches and shall be placed on the driver's side of the vehicle.
The Town Board is hereby authorized and empowered to create a Sanitation Commission which shall consist of five members to serve without compensation. The members of the Sanitation Commission shall be appointed by the Town Board, and the Town Board shall designate one member to act as Chairman for a one-year term. The Town Board may provide for compensation to be paid to experts, clerks and a secretary and for such other expenses as may be necessary and proper, not exceeding in all the appropriations that may be made by the Town Board for such Sanitation Commission. The Town Board is hereby authorized to make such appropriation as it may see fit for such expenses; however, such expenses shall be a charge upon the taxable property of that part of the Town outside of incorporated villages. Of the members first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term. The members of the Sanitation Commission shall serve at the pleasure of the Town Board. Meetings of the Sanitation Commission shall be held at such times at the call of the Chairman. Three members of such Commission shall constitute a quorum for the transaction of business. All meetings of such Commission shall be open to the public, and the Commission shall keep minutes of its proceedings showing the vote of each member upon any question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and official actions. Every rule and regulation, every amendment or repeal thereof and every requirement, decision or determination of the Commission shall immediately be filed in the office of the Town Clerk and shall be a public record.
The Sanitation Commission shall have the following powers in order to further the purposes of this local law:
A. 
To investigate all violations of this local law and any grievances reported by customers and the garbage collectors.
[Amended 6-11-1990 by L.L. No. 9, 1990]
B. 
To take testimony concerning violations of this local law, grievances of customers, grievances of the garbage collectors and petitions for higher rates.
[Amended 6-11-1990 by L.L. No. 9-1990]
C. 
To hold public hearings on 10 days' notice by publication in the official newspaper of the Town of Orangetown, together with written notice by certified mail to the garbage collector involved.
[Amended 6-11-1990 by L.L. No. 9, 1990]
D. 
All other powers necessary, incidental or implied to carry out the purposes and proper functions of this local law.
A. 
Any person, firm or corporation violating any of the provisions of this local law, including any rules and regulations adopted pursuant hereto, shall be guilty of a violation and, upon conviction, shall be punishable by a fine of not more than $200.
[Amended 2-28-1972 by L.L. No. 4, 1972; 11-23-1992 by L.L. No. 22, 1992]
B. 
Any person, firm or corporation who knowingly gives false information upon any application for a license or renewal thereof, or who conceals any conviction of a misdemeanor or a felony by any individual, partner, stockholder or corporate officer, or who allows another person to use the license issued to himself or itself, or who refuses to comply with the regulations of § 17B-10 herein, shall suffer revocation of his license.
C. 
Any act stated herein to be grounds for revocation of a license shall result in a revocation of said permit by order of the Sanitation Commission after due notice and public hearing.
Nothing in this local law shall be construed to supersede the minimum standards contained in Part 19 of the State Sanitary Code, which shall govern when and where any provisions of this local law are found to be inconsistent with said standards.
Nothing contained in this local law shall be construed or interpreted to make the Town of Orangetown a party to any contract for garbage and/or grass removal.
All ordinances and local laws or parts of ordinances or local laws heretofore enacted and inconsistent with any of the terms or provisions of this local law are hereby repealed. In the event that any portion of this local law shall be declared invalid by a court of competent jurisdiction, such invalidity shall not be deemed to affect the remaining portions hereof.
This local law shall take effect immediately upon filing in the office of the Secretary of State.