[Adopted 4-29-1975 by L.L. No. 8-1975 as Ch. 51 of the 1975 Code]
For the purposes of this article, the terms used herein are defined as follows:
- WASTE MATERIALS and GARBAGE
- Swill, ashes, manure, bones, garbage and waste generally, offal, fat, refuse, parts of slaughtered animals or livestock, paper stock, trade waste and any other offensive or noxious material or putrescible substances.
No person shall engage in or conduct the business of collecting waste materials and garbage within the Town of Yorktown and transport the same through said town until such person shall apply for and obtain a license to engage in such business as herein provided.
[Amended 4-20-1988 by L.L. No. 20-1988; 12-19-2006 by L.L. No. 20-2006; 6-6-2017 by L.L. No. 9-2017]
An application for such a license shall be made, in writing, to the Town Clerk and upon a form prescribed by the Supervisor, together with the application fee in an amount as set forth in the Master Fee Schedule. Such application shall have attached thereto a schedule of fees and charges for the collection of waste materials and garbage to be charged by the applicant for and during the licensed period and shall describe the vehicle or vehicles which shall be used to collect and transport waste materials and garbage. All such vehicles shall be approved by the Westchester County Health Department, and proof of each compliance for each vehicle shall be submitted with each application for a permit and for each renewal thereof.
[Amended 6-6-2017 by L.L. No. 9-2017]
Before the issuance of a permit by the Town Clerk, the applicant shall submit evidence in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, guaranteeing that the applicant has in full force and effect a policy of public liability insurance in the amount not less than $1,000,000 per occurrence. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 30 days' prior written notice is sent to the Town by certified mail. No permit shall be valid unless such insurance is in full force and effect. In addition, the Town Clerk shall require proof that workers' compensation has been obtained in those cases where it is required.
[Amended 12-19-2006 by L.L. No. 20-2006]
All persons licensed to collect waste materials and garbage within the town shall make such collection at least once a week from each dwelling and business, commercial or industrial establishment which it serves regularly, unless otherwise directed by the owner or inhabitant of the dwelling or establishment so served. Collection of garbage shall be made in or adjacent to residential areas beginning no earlier than 6:00 a.m. and ending no later than 8:00 p.m. No collection shall be made on Sunday, except in time of emergency or as necessary to maintain schedules due to holidays, in which event collection shall be made between the hours of 9:00 a.m. and 5:00 p.m.
All vehicles or implements used in connection with the collection and transportation of waste materials and garbage shall be kept in an inoffensive and sanitary condition and, when not in use, shall be stored and kept so as not to create a nuisance.
All persons licensed to collect waste materials and garbage and to transport the same shall at all times comply with the requirements of all laws and of all rules and regulations of any state, county and town department or bureau thereof having jurisdiction.
No person licensed to collect waste materials and garbage within the town shall refuse service to any person, partnership or corporation without prior written approval of the Town Board. A person licensed to collect waste materials and garbage within the town shall have the right to discontinue service after 90 days for cause and after notice has been given of same to the Town Board and the individual receiving the service. Notice of discontinuance of service must be given to the Town Board with proof of service of said notice upon the individual before the period of 90 days commences.
[Amended by L.L. No. 1-1981; 12-19-2006 by L.L. No. 20-2006]
A license issued under the provisions of this article shall expire at the end of the calendar year of the date of issue. Applications for renewal of such license may be filed with the Town Clerk within 30 days before the expiration of such license, together with the sum of $500 which shall constitute the renewal fee therefor.
Any license issued under this article may be revoked by the Town Board if it is found after a public hearing that the holder of such license has violated any provision of this article. Such hearing shall be held after a written notice of the same is given to the licensee at least five days before such hearing and directed to the last known address of said licensee.
[Amended 2-19-2008 by L.L. No. 1-2008]
Any person committing an offense against any provision of this article shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not less than $1,000 and not exceeding $2,500, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition to proceeding criminally against a violator of this article, a civil penalty of not less than $25 nor more than $100 may be recovered by the Town of Yorktown in a civil action for each violation thereof.
Each day that a person, firm or corporation collects waste materials and garbage without the license provided for herein shall constitute a separate violation and shall subject the offender to a separate criminal and separate civil action and penalty.
Each officer and director of a corporation which is engaged in the collection of waste materials and garbage within the town shall be guilty of each violation of this article where the corporation which he or she represents is operating without compliance herewith.
The provisions of this article shall not apply to one not regularly engaged in the business of the collection of household, industrial or commercial garbage.
[Amended 2-19-2008 by L.L. No. 1-2008]
This article shall be enforced by the Town Building Inspector and the Yorktown Police Department.
[Added 3-17-1981 by L.L. No. 10-1981]
All properties within the Yorktown Garbage and Refuse District shall be charged annually on a per unit basis by dividing the yearly cost of the contract by the total amount of units in the district. The applicable per unit cost for each property shall appear on the annual tax bill.
Those properties within the district that become occupied during any year for which a contract is in effect shall be billed proportionately for the period of service received during the contract year. In the event that it is impracticable to place such proportionate charge on the tax bill as provided for in Subsection A of this section, then such charges shall be billed for and paid in a special billing.
The Town Board may, during any contract year provide for and fix by resolution a discount for property owners within the district who are aged 65 and over. Such discount shall be applied, at the rate fixed by the Town Board, to the charges specified in Subsection A of this section. The discount provided for herein shall not accrue to the owners of multifamily rental units.