[Adopted 11-13-1957 as Ch. 50 of the General Ordinances, approved 11-15-1957]
[Amended 6-22-1960, approved 6-23-1960]
As used in this article, the following terms shall have the
meanings indicated:
Offal and all and every kind of refuse from the trimming
of meats, fish and fowl in retail markets, fish markets and butcher
shops.
Every refuse accumulation, except commercial meat wastes,
of animal, fruit or vegetable matter that attends the preparation,
use, cooking, dealing in or storing of meat, fish, fowl, fruits, vegetables
or baked goods.
Any individual, firm, corporation, association or partnership,
and includes the plural as well as the singular and the feminine as
well as the masculine gender.
Discarded combustible and noncombustible waste material and refuse of every character accumulated within the City, except garbage, trade waste, commercial meat wastes and offensive materials as defined in § 1 of Article X of the Sanitary Code of the City of Mount Vernon, New York, and includes but is not limited to ashes or the residue from burning wood, coal, coke and other combustible materials of every description, house dirt, trash, newspapers, papers, cartons, rags, boxes, wood, excelsior, wood shavings, sawdust, rubber, leather, tree branches, yard trimmings, dry leaves, tin cans, metals, mineral matter, glass, crockery and dust.
Any refuse from the manufacture, processing, assembling or
repair of any kind of goods, wares or merchandise and any such manufactured,
processed, assembled or repaired goods, wares or merchandise which
has been discarded by the person, firm or corporation manufacturing,
processing, assembling or repairing same or who is engaged in the
sale of any manufactured, processed, assembled or repaired goods,
wares or merchandise, but such term does not include commercial meat
waste, as defined herein.
No person shall engage in the business of collecting, removing
and/or transporting trade waste, garbage or rubbish in the City of
Mount Vernon without first obtaining from the City Clerk of the City
of Mount Vernon a license to carry on such business.
[Amended 8-24-1977, approved 8-25-1977]
Persons licensed under the provisions of this article to collect
garbage, rubbish or trade waste in the City shall not collect such
garbage, rubbish and trade waste in the City of Mount Vernon between
the hours of 2:00 a.m. and 7:00 a.m., inclusive, except in those areas
of the City specifically designated by the Commissioner of Public
Works.
[Amended 9-27-1989, approved 9-28-1989; 3-11-1992, approved 3-12-1992; 3-13-2002, approved 3-14-2002; 4-30-2018, approved 5-4-2018]
The fee for a license under this article shall be $200 annually
for each vehicle engaged in the business of collecting garbage, trade
waste or rubbish. Such fee shall be payable to the City Clerk of the
City of Mount Vernon prior to the issuance of the license.
A.
The City Clerk is hereby authorized to grant licenses, under his
hand, to be sealed with the corporate seal, to such persons approved
for said licenses.
B.
All applications for licenses shall be made by the applicant on forms
to be provided by the City Clerk. Said application shall set forth
the name, business and residence address of the applicant; the names
and residence addresses of the officers or partners if the applicant
is a corporation or partnership; a statement of the number, type and
kinds of vehicles to be used by the applicant, including their unladen
weight and capacity; the kind of service the applicant desires to
perform; and such other information as may be required by the City
Clerk.
C.
Every applicant for a license shall file, together with a copy of the application, the fingerprints of both hands, and said fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. Fingerprinting shall be required of the following: individual applicants, all members of partnerships and officers of corporations. An additional fee as provided by the City of Mount Vernon Code § 126-2.2 shall be charged for each set of fingerprints, payable to the City of Mount Vernon, and such other fees as may be required by the New York State Division of Criminal Justice Services. The Commissioner of Public Safety shall promptly submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigations. Upon receipt of the report from the Division of Criminal Justice Services, the Criminal Investigation Unit of the Department of Public Safety shall review and examine the same and advise the City Clerk as to whether or not the applicant should be issued a license, and the reasons for any denial thereof. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
[Added 4-13-1989, approved 4-13-1989; amended 3-11-1992, approved 3-12-1992; 5-27-1992, approved 5-28-1992[1]]
[1]
Editor's Note: Former Subsection D, amended 4-30-1970, approved
5-1-1970, which required certain endorsements on the application,
together with fingerprints for certain applicants, was repealed 3-11-1992,
approved 3-12-1992. Said ordinance also redesignated former Subsection
D as Subsection C.
D.
After a favorable report from the Department of Public Safety, the
City Clerk shall forward the application to the Department of Public
Works for review and recommendation.
[Added 3-11-1992, approved 3-12-1992]
E.
Notwithstanding the foregoing, the City Clerk shall have the authority to issue a temporary permit to an applicant pending approval or disapproval of the license application. Such permit may be issued for a period of up to 60 days and may be renewed for additional periods not to exceed 30 days. Such temporary permit shall be invalid upon the approval or disapproval of the application by the City Clerk. The issuance of the temporary permit is in no way to be construed as approval of the application. Said permit shall neither be transferred nor assigned by the applicant. Collection of garbage, trade waste and rubbish after the expiration date stated on the temporary permit or after notice of the denial of the license application shall be in violation of § 140-10 of this chapter.
[Added 3-11-1992, approved 3-12-1992]
[Amended 3-11-1992, approved 3-12-1992]
Each applicant for a license shall file with the City Clerk
evidence in the form of a certificate of insurance that a policy of
liability insurance is in full force and effect, with limits of not
less than $2,000,000, combined single limit, covering injuries to
persons and damages to property, covering each and every vehicle engaged
in the collection of garbage, rubbish and trade waste, which policy
shall be endorsed to indemnify and save harmless the City of Mount
Vernon from any and all claims for personal injury or property damage
arising out of the issuance of the license to engage in said business.
Each applicant shall also file with the City Clerk evidence in the
form of a certificate of insurance that the proper workers' compensation
insurance is in force and effect covering each and every person employed
by him in the collection of such garbage, rubbish and trade waste.
Said certificates of insurance shall be approved by the Corporation
Counsel.
[Amended 4-30-1970, approved 5-1-1970]
All licenses issued under this article shall expire on May 31
next following the issuance thereof.
[Amended 4-30-1970, approved 5-1-1970]
Except as herein otherwise provided, any person having been
duly licensed in any previous year may obtain a renewal of the same
for the succeeding year upon the payment of a renewal fee in the same
amount as required for the original issue and filing the liability
insurance required herein and upon a sworn statement to the City Clerk
that there have been no material changes in the original application
and upon the written endorsement on the renewal application form of
the approval of the Commissioner of Public Works and the Commissioner
of Public Safety. Applications for renewal of licenses shall be made
not less than 30 days prior to the expiration of the term of any original
license or renewal thereof. Whenever there is a material change in
the form of the application for license herein, renewals shall be
applied for and issued under the same terms and conditions as in the
case of original applications.
A.
The Commissioner of Public Works is hereby authorized and empowered
to hear and determine complaints against licensees and to suspend
or revoke any license issued by the City Clerk for violations of the
provisions of this article. No license shall be revoked, however,
until after a hearing upon notice to the licensee, at which hearing
the licensee shall have an opportunity to be heard.
B.
The Commissioner of Public Works, when investigating any matters
pertaining to the granting, issuing, transferring, renewing, revoking,
suspending or canceling of any license, is hereby authorized in his
discretion to take such testimony as may be necessary on which to
base official action, which testimony shall be reduced to writing.
C.
The Commissioner of Public Works may delegate the power to take such
testimony to the Corporation Counsel, who is authorized and empowered
to take such testimony.
D.
The Commissioner of Public Works and the Corporation Counsel are
hereby authorized and empowered to subpoena witnesses and books and
papers material to the investigation, with the same force and effect
as if subpoenaed by a court of competent jurisdiction.
Every person holding a license issued under this article shall
exhibit the same upon demand and shall report to the City Clerk any
change of residence or place of business within five days of such
change. A licensee shall, during reasonable hours of the business
day, excluding Saturdays, Sundays and holidays, be required to furnish
the service for which he is licensed to the public. Unreasonable refusal
to render such service shall be grounds for revocation of the license.
A license shall not be assignable. Any holder of a license granted
under this article who permits it to be used by any other person and
any person who uses a license granted to any other person shall be
each guilty of a violation of this article.
The vehicles to be used by collectors of garbage, trade waste
and rubbish shall be subject to inspection and approval by the Health
Commissioner and Commissioner of Public Works and shall be so constructed
as to make impossible the spilling or leakage of garbage, rubbish
and trade waste, and in transporting such materials 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, rubbish or trade waste falling
to the streets must be immediately cleaned up. Commencing with the
first day of July 1960, all vehicles used by collectors of garbage,
rubbish and trade waste shall be of the closed-body type, and during
the period commencing with the effective date of this article and
the first day of July 1960, all replacements of vehicles used for
the purposes set forth in this article shall be with closed-body-type
vehicles only.
All vehicles used by collectors of garbage, rubbish and trade
waste shall be of a standard color and shall carry such identification
or lettering as deemed necessary by the Commissioner of Public Works,
who is hereby authorized and empowered to issue and publish written
regulations covering such coloring, identification and/or lettering,
which shall take effect 30 days after filing with the City Clerk.
The licensee must keep all vehicles clean, sanitary and neatly
painted and shall wash, steam-clean and disinfect such vehicles at
least once a week.
[Amended 2-14-1990, approved 2-15-1990; 2-9-2005; approved 2-10-2005]
Any person, firm or corporation violating any of the provisions
of this article shall be guilty of an offense and, upon conviction,
shall be punishable by a fine of not more than $2,500 or by confinement
in the county penitentiary for not more than 100 days, or by both
such fine and imprisonment. In addition to the fine or imprisonment,
or both, authorized by this article, any licensee shall be subject
to the suspension or revocation of his license upon conviction for
any violation of this article.
A.
It shall be unlawful for any person, his or her agent, employee or
any person under his or her control to suffer or permit any dirt,
sand, gravel, clay, loam, stone, rocks, rubble, building rubbish,
sawdust, shavings or trade or household waste, refuse, ashes, manure,
garbage, rubbish or debris of any sort or any other organic or inorganic
material or thing or other offensive matter being transported in a
dump truck or any other vehicle to be dumped, deposited or otherwise
disposed of in or upon any street, lot, park, public place or other
area whether publicly or privately owned.
B.
Any person who violates the provisions of this section shall be liable for a fine of not less than $5,000 nor more than $20,000. In addition, every owner of a dump truck or other vehicle shall be liable for a fine of not less than $1,500 nor more than $10,000 for each offense of unlawful dumping described in § 140-24 by any person using or operating the same in the business of such owner or otherwise, with the permission, express or implied of such owner.
C.
As used in this section, the term "owner" shall have the meaning
set forth in Subdivision 1 of § 1220-a of the Vehicle and
Traffic Law.
[Added 2-9-2005; approved 2-10-2005]
A.
Where a notice of violation, appearance ticket or summons is issued for a violation of § 140-24 based upon a sworn statement by one or more individuals and where the Commissioner of the Department of Public Works determines, in the exercise of his discretion, that such sworn statement, either alone or in conjunction with testimony at a civil proceeding results in the conviction of or the imposition of a civil penalty upon any persons for a violation of § 140-24, the Commissioner of Public Works shall offer as a reward to such individual or individuals an amount that in the aggregate is equal to 50% of any fine collected.
B.
Where a notice of violation, appearance ticket or summons is issued for a violation of this section based upon information furnished by one or more individuals and where the Commissioner of the Department of Public Works determines, in the exercise of his discretion, that such information, in conjunction with enforcement activity conducted by the Department of Public Works or another governmental entity, results in the conviction of or the imposition of a civil penalty upon any persons for a violation of § 140-24, the Commissioner of Public Works shall offer as a reward to such individual or individuals an amount up to 50% of any fine collected.
C.
In determining the amount of the reward, the Commissioner of the
Department of Public Safety shall consider factors that include, but
are not limited to:
(1)
The quantity and type of the material dumped, deposited or otherwise
disposed of;
(2)
The specificity of the information provided, including, but not limited
to, the license plate number, make or model or other description of
the dump truck or other vehicle alleged to have been used and the
location, date or time of the alleged violation;
D.
No employee of the Department of Public Safety, employee of the Department
of Public Works or employee of any governmental entity that, in conjunction
with the Department of Public Safety and/or the Department of Public
Works, conducts enforcement activity, shall be entitled to obtain
the benefit of any such reward when acting in the discharge of his
or her official duty.
[Added 2-9-2005; approved 2-10-2005]
A.
In addition to the foregoing penalties, the offender shall be required
to clear and clean the area upon which the offender dumped unlawfully
within 10 days after conviction thereof. In the event the offender
fails to clear and clean the area within such time, clearing and cleaning
may be done by the Department of Public Works or under the direction
of such Department by a private contractor, and the cost of same shall
be billed to the offender. In the event that the Department of Public
Works has cleaned or cleared the area, or has caused the area to be
cleaned or cleared by a private contractor prior to the offenders
conviction, the offender shall be responsible for the cost of such
learning and or cleaning. Payment by such offender, when required
by this subsection, shall be made within 10 days of demand by the
Department of Public Works.
B.
The Commissioner of Public Works shall post a sign in any area where
the Commission deems appropriate because of instances of illegal dumping.
Such sign shall state the penalties for illegal dumping and the reward
provisions therein.
A.
Any equipment, vehicles or other personal property that has been used or is being used to violate the provisions of § 140-24 may be impounded by the Department of Public Safety pending forfeiture pursuant to the provisions of this section.
B.
Notice of impoundment and intended forfeiture shall be served together
with the notice of the violation of law for which equipment, vehicles
or other personal property was impounded. Such notice shall contain
notice of the right to request a hearing before the Department of
Public Works with respect to whether there is reasonable cause to
believe that such equipment, vehicles or other personal property will
be subject to forfeiture; a hearing shall be provided within three
business days of such request, and a determination shall be rendered
within four business days of the conclusion of such hearing. The hearing
officer shall submit recommended findings of fact and a recommended
decision to the Commissioner of Public Works, who shall make the final
findings of fact and the final determination. If the Commissioner
of Public Works determines that there is not reasonable cause to believe
that such equipment shall be released, no charges or fees shall be
imposed as a condition of such release. If the Commissioner of Public
Works determines that there is reasonable cause to believe that such
equipment, vehicles or other personal property will be subject to
forfeiture, the equipment shall be retained pending forfeiture pursuant
to the provisions of this section. If after adjudication of the violation
of law for which such equipment, vehicles or other personal property
was impounded the court or agency of competent jurisdiction finds
the respondent not guilty of or not liable for such violation, such
equipment, vehicles or other personal property shall be released forthwith,
and no charges or fees shall be imposed as a condition of such release.
If after adjudication of such violation of law, the court or agency
of competent jurisdiction finds the respondent guilty of or liable
for such violation, then, upon demand of the respondent, the equipment
shall be released upon payment of all outstanding fines and civil
penalties, and removal charges and storage fees, or a forfeiture proceeding
shall be commenced pursuant to this section within 10 days after such
demand.
C.
Except as hereinafter provided, the City agency having custody of
equipment, vehicles or other personal property, after judicial determination
of forfeiture, shall, no sooner than 30 days after such determination,
upon a notice of at least five days, sell such forfeited equipment,
vehicles or other personal property at public sale, provided that
no sooner than 30 days after judicial determination of forfeiture
or the date of final determination of a claim asserted pursuant to
this subdivision, whichever is later, the City may instead convert
such equipment, vehicles or other personal property to its own use.
Any person, other than an owner whose interest is forfeited pursuant
to this section, who establishes a right of ownership in equipment,
vehicles or other personal property, including a part ownership or
security interest, shall be entitled to delivery of the equipment,
vehicles or other personal property if such person:
(1)
Redeems the ownership interest which was subject to forfeiture by
payment to the City of the value thereof; and
(2)
Pays the reasonable expenses of the safekeeping of the vehicle between
the time of seizure and such redemption; and
(3)
Asserts a claim within 30 days after judicial determination of forfeiture.
Notwithstanding the foregoing provisions, establishment of a claim
shall not entitle such person to delivery if the City establishes
that the activity in violation of law for which the equipment, vehicles
or other property was seized was expressly or impliedly permitted
by such person.
D.
For purposes of this section, "owner" means a person, other than
a holder of a security interest, having the property in or title to
equipment, vehicles or other personal property, including but not
limited to a person entitled to use and possession of equipment, vehicles
or other personal property subject to a security interest in another
person and also includes any lessee or bailee having exclusive use
thereof.
