Except in the case of municipalities, school
districts or fire districts, it shall be unlawful for any person to
operate, conduct or engage in the business of collection and disposal
of garbage, refuse, offal, dead animals and similar materials or any
other offensive or noxious substance within the village without first
having obtained a valid, current village license for such purposes,
as well as a permit, if so required, pursuant to the provisions of
the Public Health Ordinance of the Nassau County Department of Health.
Each such village license issued hereunder shall be issued as of the
first day of January or subsequent issue date and shall expire on
the 31st day of December next succeeding said issuance date, unless
otherwise previously revoked or suspended by the Board of Trustees.
There is hereby established a Private Sanitation
Licensing Committee, hereinafter referred to as the "Committee," which
shall oversee and administer the provisions of this article, including
the processing and determination of every application for a village
license hereunder. The Committee shall be composed of two members
of the Board of Trustees, designated by the Mayor, and the Village
Clerk. The Superintendent of the DPW and the Village Attorney shall
act as advisors and consultants to the Committee. The Committee shall
keep written records of all proceedings and shall forward a written
memorandum of its final determination of each application to the full
Board of Trustees. Every such record, report or memorandum shall be
a matter of public record.
[Added 3-2-1982 by L.L. No. 2-1982]
Notwithstanding any licensing provisions of this article to the contrary, and in lieu thereof, in the event that any person applying for a license hereunder to operate, conduct or engage in the business of private waste collection and disposal within the village shall have, at the time of application, a currently valid license for the same purposes issued by and for the Towns of Hempstead, North Hempstead or Oyster Bay, then in such event, the person holding such license need file with the village an abbreviated application form (provided for such purposes), together with proof of insurance as provided in § 161-17D hereof, a certified copy of the aforesaid town license and the payment of the licensing and application fees provided in § 161-14 in order to secure the issuance of a license hereunder. Such license, and the right of the applicant to hold such license, shall be subject to the applicable provisions of this section and to the provisions of §§ 161-17B, C, D and F, 161-19, 161-20, 161-21, 161-22, 161-23, 161-26, 161-27, 161-28, 161-29 and 161-30 hereof.
[Added 3-2-1982 by L.L. No. 2-1982]
Each application for a license pursuant to the terms of § 161-13 shall be accompanied by a fee of $50, no part of which shall be refundable, to cover the cost of investigation and processing, and an annual renewal fee thereafter of $25 per annum.
[Added 3-2-1982 by L.L. No. 2-1982]
Each vehicle authorized and licensed under the
aforesaid town license shall be deemed authorized and licensed under
the terms of this article, and a list of such licensed vehicles shall
be submitted with each application and renewal thereof, together with
the serial or other identifying number of the separate town license
plate or medallion for each such vehicle and the payment of a fee
of $10 per annum for filing and processing of each such list and investigating
the information thereon.
Every person who desires or seeks a village
license to operate, conduct or engage in the business of the collection
and disposal of garbage, refuse or similar materials with the village
shall file a written, verified application with the Village Clerk,
on forms provided for that purpose. Such application shall include
the following specific information:
A.
The name and address of the applicant, specifying:
(1)
In the case of a sole proprietorship, the name, address,
age, occupation and citizenship of said proprietor.
(2)
In the case of an unincorporated association or partnership,
the name, address, age, occupation and citizenship of each member
or partner thereof.
(3)
In the case of a corporation, the name, address, age,
occupation and citizenship of each officer and director thereof.
B.
If the applicant conducts business under a trade name
or as a partnership, or both, a copy of the trade name certificate
or partnership agreement, respectively, duly certified by the Clerk
of the county in whose office said certificate or agreement is filed.
C.
If the applicant is a corporation, a copy of the certificate
of incorporation, or, if a foreign corporation, a copy of the certificate
of doing business, duly certified by the Secretary of State of the
State of New York.
D.
The type and duration of actual experience in the
business of collection and disposal of garbage, refuse and similar
materials of the applicant and each proprietor, member, partner, officer
and director thereof.
E.
The number of collection vehicles to be operated by
the applicant within the village, and a description of each such vehicle,
including its ownership, make, model, year, chassis and body type,
cubic yard capacity or fare weight, color(s) and current New York
State registration number and license plate number.
F.
The approximate, anticipated volume and tonnage of
garbage, refuse and similar materials which each collection vehicle
will handle per day.
G.
The location of each terminal proposed to be used
or actually used by the applicant for the storage of licensed collection
vehicles.
H.
The proposed daily route and pickup schedule for each
area, building or plot of land within the village to be serviced by
the applicant. Any change in such route or pickup schedules shall
be reported, in writing, to the Village Clerk within 30 days of occurrence.
I.
The name, address and telephone number of the applicant
or person in charge of the business; where such applicant or person
in charge may be reached 24 hours a day.
J.
A list of each present customer of the applicant,
including the customer's name and address, who is serviced by the
applicant within the village.
K.
The hours and days of the week during which each of
applicant's collection vehicles will operate within the village.
L.
Any other information which the Licensing Committee
may request or require.
In addition to the requirements of the foregoing
section, every applicant shall meet or provide the following requirements
in order to obtain and continue to hold a village license.
A.
Photographs. Two individual photographs, taken within
30 days prior to the date of application, for each proprietor, member,
partner, officer and director thereof. Each photograph shall be a
true likeness of the subject, showing the shoulders, neck and uncovered
full face and head and shall be no less than 11/2 inches by 11/2 inches
in size.
B.
Ownership of corporate stock of licensee. All capital
stock of a corporate licensee shall be issued only to and in the real
name of the true owner thereof. A person shall not hold stock in a
corporate licensee, either directly or indirectly, for the use or
benefit of another person.
C.
Change of ownership. In the event of any change of
ownership of a licensee, or of the capital stock of a corporate licensee,
the licensee of record shall notify the Village Clerk of such change,
in writing, within three days after such change.
D.
Insurance. Each applicant shall file with the Village
Clerk proof of the following insurance coverage in the form of a current
certificate of the insurance carrier:
E.
Deposit. Each applicant shall file an unconditional
surety performance bond, in the penal sum of not less than $10,000,
with the Village Clerk and shall keep said bond current and in full
force and effect, in favor of the village, at all times. In the event
that a licensee fails to discharge its collection duties in accordance
with its route and pickup schedules as filed with the Village Clerk,
within 24 hours of the day provided therein, the DPW may cause such
pickup and removal to be made, and all costs incurred in connection
therewith shall be deducted from said cash deposit. Should a licensee
fail to maintain said deposit after three days' notice and demand
therefor, the Village Clerk may forthwith suspend the license of any
such licensee.
F.
Duty to keep records; right to inspect. Every licensee
shall keep complete and accurate books of account with respect to
the operation of its business, showing entries of all income derived
or received from each customer, together with details of all expenses
and disbursements made or incurred in the operation of such business.
All such books of account shall be kept current on a quarterly or
monthly basis and shall be retained by the licensee for at least three
years. The Village Clerk shall have the right to inspect all books
of account and records maintained by a licensee.
G.
The Village Clerk shall refer each application to
the Nassau County Police Department for investigation and report thereon.
A license shall not be issued under this chapter
to any applicant, regardless of whether such applicant was or was
not previously engaged in the business of private refuse collection,
unless the Licensing Committee is satisfied that:
A.
All character references have been reviewed and approved.
B.
The applicant has sufficient experience in the refuse
collection business to satisfactorily function as a licensee.
C.
The applicant is financially responsible and fully
insured.
D.
Issuance of a license to the applicant will not tend
toward destructive competition in a market already adequately served.
E.
Issuance of a license to the applicant is in the public
interest.
A license shall be refused, suspended or revoked
where one or more of the following situations is found to exist:
A.
The applicant or licensee has failed and refused,
without reasonable cause, to collect and dispose of garbage and other
refuse, except in a situation where a contract has been lawfully terminated.
B.
The applicant or licensee has failed to provide any
and all information lawfully required by the Licensing Committee or
the Board of Trustees.
C.
The applicant or licensee has failed to account or
pay, without reasonable cause, any disposal bills to the village or
other disposal agencies.
D.
The applicant or licensee has failed to reasonably
fulfill his obligations as a private refuse collector to a customer.
E.
The applicant or licensee is insolvent or had made
a general assignment for the benefit of creditors or has been adjudged
a bankrupt or a money judgment has been secured against him, upon
which an execution has been returned wholly or partly unsatisfied.
F.
The applicant or licensee has failed to keep and maintain
records or has refused to allow the inspection thereof as otherwise
provided in this chapter.
G.
The applicant or licensee has violated any of the
provisions of this chapter.
H.
The applicant or licensee has ceased to operate as
a private refuse collector, for which a license was previously issued.
I.
The applicant or licensee or any of its managing proprietors,
members, partners, officers or directors has been convicted of a crime
involving moral turpitude.
Whenever an application for a license is granted,
denied, suspended or revoked, the Licensing Committee shall file a
written memorandum stating findings of the Committee and the reasons
for the granting, denial, suspension or revocation, as the case may
be, of the particular license, together with transcripts or other
written information pertaining thereto.
A.
If the Licensing Committee shall find, upon due consideration
of all facts and statements contained in the application, that an
applicant is qualified and able to perform the business of collection
of refuse and similar materials and that the applicant conforms to
the provisions of this chapter and all rules and regulations adopted
hereunder, it shall issue a license stating the name and address of
the applicant, the number of collection vehicles which the applicant
is authorized to operate and the date of the issuance thereof.
B.
The Licensing Committee, when issuing a license, shall
also issue a vehicle license for each authorized collection vehicle,
which shall be firmly affixed on the left side of the cab of each
such vehicle.
Upon the sale, dissolution, suspension or discontinuance,
whether voluntary or involuntary, of the business of a licensee, he
shall surrender forthwith to the Village Clerk the license issued
to him, together with all plates issued thereunder.
Each vehicle licensed pursuant to this chapter
shall have on the outside of each door of the cab the name and address
of the licensee, in letters not less than four inches in height, either
painted or otherwise securely affixed thereon.
A.
In the event of the sale, transfer, assignment or
other conveyance of the right, title and interest to a licensed private
collection vehicle, the seller, transferor, assignor or maker of the
conveyance shall surrender the license plate of such vehicle to the
Village Clerk within five days after such occurrence, together with
a sworn statement giving particulars regarding the conveyance, including
the name and address of the individual receiving the benefit of such
conveyance.
B.
In the event that a new owner, transferee or assignee
of the vehicle previously licensed, as provided herein, desires to
have said license reissued in his name, he shall file an application
in the manner provided herein.
A.
Each application for a license as herein provided
shall be accompanied by a fee of $150, which is not refundable, for
such owner's license, to cover the cost of investigation and processing
of the application and an annual renewal fee thereafter of $75 for
each license.
A.
The holder of any license which has been suspended
or revoked and any applicant who shall have been denied a license
under this chapter may apply for a review of the action of the Licensing
Committee as hereinafter provided.
B.
Application.
(1)
The application for review would be in writing, signed
and acknowledged by the applicant, and shall state the ground or grounds
upon which the applicant claims that the determination of the Licensing
Committee was erroneous.
(2)
Said application for review shall be filed with the
Village Clerk by the applicant within 20 days after notice of denial,
suspension or revocation of a license by the Licensing Committee has
been mailed to him or delivered to him in person.
C.
Upon the filing of the application, a hearing shall be held thereon, pursuant to the provisions of § 161-27 of this chapter.
D.
At the hearing, as hereinafter provided, the review
board shall consider the applicant's application upon the record before
the Licensing Committee in connection with said Committee's consideration
thereof and, in its discretion, may receive new or additional evidence
in support thereof or in opposition thereto.
E.
The Review Board, after the hearing, may affirm the
action of the Licensing Committee or direct said Committee to issue
a proper license, pursuant to this chapter.
Whenever it shall be provided herein that a
hearing shall or may be held with respect to any matter, the following
shall apply:
A.
The Board of Trustees, in its entirety, shall act
as the review board and conduct the hearing.
B.
The hearing shall be held on a date and at a place
and hour designated by the Mayor.
C.
The Village Clerk shall give notice thereof, stating
the name and address of the applicant concerned, the subject matter
of the hearing and the date, place and hour thereof, by mailing a
copy of said notice to the applicant concerned at the address shown
upon the most recent license application of such applicant, at least
15 days prior to said hearing.
D.
The applicant shall have the right to be represented
by legal counsel and to present such competent and material testimony
or other evidence in his own behalf as may be relevant to the subject
matter of the hearing.
E.
All witnesses testifying at the hearing shall be sworn
and examined under oath.
A.
It shall be unlawful for any person to dispose of
any refuse collected within or without the village at any location
within the territorial limits of the village unless so designated
and authorized by the Board of Trustees.
B.
Private collection vehicles shall operate only between
the hours of 7:00 a.m. and 6:30 p.m. Monday through Saturday, excluding
holidays as otherwise provided.
C.
No collections whatsoever shall be made on Sundays
or the following holidays, as officially observed by the Village of
New Hyde Park:
|
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
|
D.
Collections are to be made in such manner as not to
permit debris, litter and the like from the collection procedure to
fall upon any property, either public or private, or upon any highway,
street or sidewalk within the village.
A.
Garbage collection vehicles shall be completely enclosed
and watertight.
B.
Rubbish, collection vehicles, wherein no garbage or
other putrescible waste is transported, may be of an open-refuse-collection
type, provided that such vehicles are fitted with a suitable canvas
or other cover to prohibit any material being discharged from such
vehicles while they are in transit.
C.
Vehicles designed, known or used as "rear-loaders"
or "rear-load packers" shall be completely closed during transit,
either by use of the exterior closing door fitted as part of a body
style or by the use of the closing mechanism in those units not having
a separate exterior door as standard or accessory equipment.
D.
All accessory doors, including the main loading door,
of a refuse collection vehicle shall be closed at all times during
travel upon a public street or highway, except when such vehicle is
engaged in the continuous servicing of successive, adjacent structures
or plots of land along said street or highway.
E.
All collection vehicles shall be subject to inspection
at any time by authorized representatives of the Village DPW, any
peace officer or police officer having jurisdiction within the County
of Nassau for the purpose of determining and enforcing compliance
with the provisions of this chapter. All persons or their employees
engaged in the business of private refuse collection within the village
shall be required to give such aid and cooperation as may be required
by such personnel in the performance of the enforcement of this chapter.
F.
All collection vehicles shall be kept clean and sanitary,
both inside and out. Where collection practice or necessity require
the use of containers having cubic capacity of one yard or more, such
containers shall be thoroughly cleaned and sanitized at least once
a week.
G.
All vehicles shall be properly identified by the person
operating such vehicles, including the name and address of such operator.
