[Amended 3-13-1972]
No person shall engage in the business of receiving, collecting,
transporting or disposing of garbage, rubbish, trash or other wastes
for hire within the Village of Webster without first obtaining a license
to do so from the Village Clerk and paying an annual fee therefor.
Applications shall be upon forms supplied by the Village Clerk.
At the time of making such application, the applicant must furnish
to the Village Clerk a schedule of intended pickup days on the various
streets within the Village, a schedule of rates and charges for residential
customers and a list of vehicles to be used by the applicant.
A bond in the sum of $2,500 shall be executed by every person
or corporation engaging in refuse collection business within the Village
of Webster and shall be filed with the Village Clerk before such license
shall be issued. Such bond shall be conditioned that said licensee
will comply with the laws, codes, ordinances and regulations of the
State of New York, County of Monroe and Village of Webster and all
lawfully issued orders of the Village Board; and that the Village
of Webster will be indemnified and saved harmless from any and all
claims for damages or liabilities caused by or arising out of the
failure of the licensee, or the licensee's agents or employees, to
comply with applicable statutes, ordinances, rules, regulations or
orders. Said bond shall be in such form and contain such sureties
as shall be approved by the Village Board or its designated representatives.
Every license issued by the Village Clerk pursuant to this Part
1 shall be subject to the following conditions and to such other reasonable
conditions as may be imposed by the Village Board.
A.
Vehicles used by licensed refuse collectors in the collection and
transportation of garbage within the Village of Webster shall be watertight
Packer trucks. All other kinds of waste must be transported in a watertight
and secured condition.
[Amended 3-13-1972]
B.
Any firm having one or more such vehicles shall be allowed to use
one service truck for use in emergency situations or where Packer
trucks cannot be used.
C.
The vehicles used by collectors and the routes of collection shall
be subject to inspection and reasonable visitation by the Superintendent
of Public Works or the authorized agents of the Superintendent of
Public Works.
[Amended 3-13-1972]
D.
The licensee shall be required to display a nontransferable sticker
or plate on each truck used in the operation showing payment of the
license fee. In case of an emergency or breakdown of a licensee's
truck, the Superintendent of Public Works may authorize any license
holder to use additional trucks for a period not to exceed 10 days.
[Amended 3-13-1972]
E.
All licenses issued hereunder shall be valid for a period of one
year, expiring on January 1 of the calendar year after the date of
issuance. Each licensee shall pay the annual license fee per vehicle,
as determined by the Village Board, due on January 1 of each year.
[Amended 3-13-1972]
F.
Violations of any of the foregoing regulations, or of any other provisions
of this Part 1, shall be cause for revocation of the license of any
person holding a license hereunder. The Village Board shall have power
to revoke any such license for cause shown after hearing upon five
days' written notice specifying the alleged violation to the license
holder by certified mail, directed to the license holder's principal
office at the address filed with the Village Clerk with the licensee's
application.
G.
All trucks must have a minimum liability insurance for personal injury
of $500,000 per person and $1,000,000 per accident and for property
damage, $50,000.
[Amended 6-9-1994 by L.L. No. 2-1994]
H.
No collector shall cease or discontinue business in the Village of
Webster unless 30 days' written notice has been given to the Village
Clerk and to all customers serviced within the Village. This subsection
shall not be construed to include the sale or lease of such garbage
collection business, a collection route or any part thereof; provided,
however, that in the event of such sale or lease, the transferor shall
notify the Village Clerk within five days after such transfer, and
the transferee shall make application and file a bond, as herein provided,
within 20 days of such transfer, and, upon failure to do so, the license
may be immediately revoked by the Village Clerk, as herein provided.
[Amended 3-13-1972]
A license may be refused if the applicant shall have been convicted
of a misdemeanor or felony. In the event of the existence of such
convictions, as determined by the application forms submitted by the
applicant, the Clerk shall refer the application to the Village Board
for its action to grant or refuse the application. The license shall
be refused if the Superintendent of Public Works notifies the Clerk
that the applicant fails to meet and/or demonstrate ability to meet
the requirements of this Part 1 to the Superintendent's satisfaction.
The applicant may appeal the refusal of a license by the Village Clerk
at the recommendation of the Superintendent of Public Works to the
Village Board, and the Board may grant or refuse the license based
upon the applicant's appeal and the report of the Superintendent of
Public Works.
