[HISTORY: Adopted Orangetown Town Board 12-29-1975 by Local Law
No. 13, 1975. Amendments noted where applicable.]
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:
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.
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[Repealed 6-11-1990 by L.L. No. 9, 1990]
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:
(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]
(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]
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.
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.
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.
