[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:
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.[1] 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.
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.[1] 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.
