[Adopted 11-16-1978 as Art. I of Ch. 78 of the
1978 Code]
A.Â
This article is enacted in order to make provisions for
the collection and removal of garbage, rubbish and refuse from the homes and
business establishments within the Incorporated Village of Lake Grove; to
properly regulate and set up a system and standards for garbage and rubbish
collection and removal at a reasonable cost, as to the rates to be charged
for such service; methods and frequency of such collections; for the benefit
and welfare of the residents and business people within this Village.
B.Â
This article is further enacted to establish a continuous
and uninterrupted and satisfactory service and to preserve, maintain and safeguard
the health, safety and welfare of our people.
C.Â
This is not intended as a revenue measure, but to regulate,
supervise and control the collection and disposal of garbage, rubbish and
refuse in an orderly, safe and sanitary manner. It is the duty and obligation
of the Village government, its elected and appointed officials to at all times
protect and assure a most efficient, fair and equitable service to the people
of this Village.
D.Â
This article is further enacted to avoid the annoyances
and unsatisfactory methods and tactics initiated by some of the independent
garbage-collecting cartmen heretofore experienced by the people of this Village,
and, to this end, the Village should arrange and contract with the most responsible,
capable and satisfactory firm or person to provide the best, safest and most
dependable service to the people of this Village.
As used in this article, the following terms shall have the meanings
indicated:
For residential dwellings, a litter storage and collection container
which is durable, rust-resisting and has a tight-fitting cover; receptacles
used for the storage of garbage shall, in addition thereto, be nonabsorbent
and watertight and shall not exceed 30 gallons in capacity.
A person, as herein defined, engaged in the business of the collection
and removal of garbage, refuse, rubbish and waste materials when duly licensed
by the Village of Lake Grove as herein provided.
Includes the Smithaven Mall and any part thereof, any area where
business or commercial enterprises are operating, including shopping centers
or small independent stores and garden apartments.
A person who shall have entered into a contract with the Village
Board on behalf of the people of this incorporated Village for the collection,
removal and disposal of garbage, refuse and rubbish from the residential private
dwellings (excluding garden apartments) within the Incorporated Village of
Lake Grove.
Includes the remains of building materials accumulated after the
building, construction, alteration or repair of a building or structure; Sheetrock,
large stones, brick, cement blocks or any kind of discarded building materials.
All putrescible animal or vegetable wastes resulting from the receipt,
storage, handling, preparation, cooking and consumption of food, and includes
animal, fruit or vegetable waste, carrion, offal, swill, food, food cans,
paper wrappings, and glass, plastic, paper or metal containers.
Includes any street, lane, road, avenue, court, path, driveway or
place, parking lot, public or private, used by any vehicle or person for transportation
or walking within the limits of the Incorporated Village of Lake Grove.
Any individual, firm, corporation, association, partnership, receivers,
executors and administrators of any estate, institution or public body, and
includes the plural as well as the singular.
Includes paper, cardboard boxes, plastic, rags, weeds, grass, leaves
or other yard trimmings, tin cans, glass and other mineral refuse and similar
materials, ashes, dead animals, solid market and industrial wastes and night
soil.
Includes any bicycle, boat, tires, trailer, refrigerator, freezer,
bedding, washing or drying machine or any other household furniture or any
parts thereof, or equipment abandoned, rusted, wrecked, discarded, dismantled,
inoperative or in an abandoned condition.
The area between the curbline or side of the highway and the abutting
property owner's line, and includes any footpath or trail used by pedestrians.
A.Â
The Village Board, for and on behalf of the people of
the Village of Lake Grove, shall enter into a contract with a contractor,
as herein defined, for the collection, removal and disposal of garbage, refuse
and rubbish from the residential dwellings (excluding garden apartments) within
the Incorporated Village of Lake Grove, at an agreed charge for such services
and upon the conditions and provisions in this article.
B.Â
The contractor shall collect all garbage, refuse and rubbish as defined in § 150-2 above, except debris, and all building materials accumulated from the construction, alteration or repair of a building or structure.
C.Â
The following need not be collected by the contractor,
nor need any licensed cartman collect or remove any of the following items:
(1)Â
Volatile materials such as gasoline, benzine, turpentine
or other high-volatile liquids.
(2)Â
Cartridges, shells, ammunition, dynamite or other explosives.
(3)Â
Automobile parts such as motors or any other parts which
exceed in weight or size limitation 50 pounds or more per item.
(4)Â
Bulky wastes, that is, items larger than two feet by
two feet by four feet or 50 pounds per item.
(5)Â
Such other items and materials as the Village Board may
authorize to be or not to be collected, by promulgating and adopting rules
and regulations thereof.
A.Â
Before entering into a contract for the collection, removal
and disposal of garbage, refuse and rubbish as herein provided, the Village
Board shall direct the Village Clerk to prepare bid forms and such information,
terms, data and documents as may be required, and shall have published in
the official newspaper a notice inviting garbage collectors and cartmen and
the general public to submit bids for such contract on or before a certain
date specified in said notice, advising that bids must be submitted for the
contract for garbage, refuse and rubbish removal services to the people of
the Village of Lake Grove, and must further publish in said notice the date,
time and place that such bids will be publicly opened.
B.Â
In said notice it must further be stated that the Village
Board of the Village of Lake Grove reserves the right to reject any or all
bids in whole or in part, to waive any irregularities in any or all bids except
with respect to the time limitation for submission of bids, and to accept
the bid or part thereof which the Board deems most favorable to the Village
after all bids have been examined and checked. Each bid shall be firm for
a period of 45 days after the date set for submission of bids.
C.Â
The contract shall be for the term of three years at
the monthly agreed rate and shall begin on the first day of June and terminate
on the 31st day of May at the end of the three-year period.
D.Â
The Village Board of the Incorporated Village of Lake
Grove reserves the right to determine the manner in which the successful bidder
will be selected, as required in the best interest of the people of the Village.
A.Â
The Village Board, having entered into a contract for
the collection, removal and disposal of garbage, refuse and rubbish services,
shall establish a charge for such service, to be paid annually by the owners
of the real property benefited thereby.
(1)Â
Such charge shall be charged equally for each family
residence at the same annual rate against the real property so benefited in
accordance with and in the amount fixed by the Village Board.
(2)Â
The annual collection service charge shall be paid on
the same Village tax bill and be a part thereof, payable in advance on the
first day of June of each year.
B.Â
Senior citizens who have applied for and been granted
a reduction of their real property taxes by the Village of Lake Grove, pursuant
to L.L. No. 1-1972, as amended October 17, 1974,[1] or any future amendments by the Village of Lake Grove, shall be
granted a reduction in the charges for garbage service to them, to the same
1/2 of the charges for such collection services.
C.Â
The contracts entered into between the contractor and the Village Board shall provide for the reduction to senior citizens of such charges for the garbage collection services as hereinabove provided in Subsection B above.
D.Â
In the event of the failure or refusal of the owner of
such property to pay any such charges when due, the unpaid amount thereof
shall become a lien against such property and, together with interest thereon
from the due date thereof, shall be included in the annual tax levy of the
Village upon such property for each fiscal year, and the amount so levied
shall be collected in the same manner as other Village taxes.
A.Â
Garbage, refuse collections and removal shall be made
two times a week. Wednesday collection shall be limited to recyclables. Recyclables
such as plastics and bottles shall be placed in the red cans provided to village
residents and placed at the curbline. Paper recyclables shall be tied in bundles
or placed in paper bags, not to exceed 50 pounds. When trees, brush or branches
are collected, they shall be tied in bundles not to exceed four feet in length
and 24 inches in diameter. Timber must be no more than four(4) feet long and
weigh no more than 50 pounds.
[Amended 5-16-2002 by L.L. No. 4-2002]
B.Â
Holidays. No collections or removals shall be made on
Sundays or on the following legal holidays, namely: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving and Christmas. Collections
shall be made on all other regularly scheduled collection days.
(1)Â
When a legal holiday falls on a collection day, collection shall be made on the next scheduled day. At no time will the regularly scheduled collection day be skipped or passed on the day before a holiday or on the day after a holiday, as herein provided in Subsection B.
(2)Â
No changes shall be made for collections on the regularly
scheduled collection day, except if a legal holiday falls on that same day.
A scheduled pickup on the eve of or the day after a holiday must be made and
not passed by.
(3)Â
No changes in the scheduled pickup days will be made
without the approval of the Commissioner of Environmental Control, and in
such event the person whose pickup day is being changed must be immediately
advised by registered mail or in person prior to the date being changed. The
reason for the change must be given and whether the change is permanent or
temporary.
C.Â
The contractor shall, at his own cost and expense, supply
to all persons he serves a schedule of garbage, refuse and rubbish collection
days. Such schedules of collections or any duly authorized changes shall include
the contractor's name, business address and a telephone number where
the contractor may be reached.
D.Â
No collections shall be made before 6:00 a.m. in a residential
area nor after 6:00 p.m.
E.Â
All collections shall be made from the curbline of residences,
and all garbage containers, upon being emptied, shall be returned to the curb
where they were picked up and none shall be left on the road, highway, street
or on the shoulder service road.
F.Â
The provisions of §§ 150-3, 150-4, 150-5 and 150-6 shall apply only to the collection and disposal of garbage, refuse and rubbish by the contractor who has, as hereinabove provided, entered into a contract with the Village of Lake Grove for the garbage collection services from the residential dwellings only, within the Incorporated Village of Lake Grove.
A.Â
It shall be unlawful for any person to engage in the
business of collecting garbage, refuse or rubbish of any kind from residential
dwellings, garden apartments, the Smithaven Mall or any part thereof or any
commercial area within the Village without first procuring an annual license
therefor. Each applicant for a license to collect garbage, refuse or rubbish
shall set forth in a sworn statement, in addition to any other information
required by any other applicable law or deemed necessary by the Village Board
to determine the fitness of the applicant, the following information:
(1)Â
The name, address and telephone number, both day and
night, of the applicant and the person in charge of the business and all persons
having a financial interest in the business.
(2)Â
A brief description of each vehicle, including the name
and factory number, the weight of the vehicle, the maximum load to be carried
and the New York State motor vehicle registration number.
(3)Â
If a corporation, the names and addresses of all the
officers and directors and any other persons having a financial interest in
the business.
(4)Â
Whether the applicant or any of the persons having a
financial interest in the business has ever been convicted of a misdemeanor
or felony or has ever had a license to engage in any business revoked or suspended
in this or any other state.
(5)Â
Proof of financial responsibility in the event of injury
to persons or property by reason of the negligent operation of any vehicle
used in the business.
B.Â
Any license issued pursuant to the provisions of this
article shall not be transferred or assigned to any person or used by any
other person than the one to whom issued.
C.Â
Licenses shall be obtained for the period of one year
from January 1 to December 31 of each year.
D.Â
Applications for renewal must be received by the Village
Clerk between November 15 and November 30 of each year.
A.Â
A license shall be issued by the Village Clerk upon approval
by the Village Board of those persons who shall be deemed fit and proper and
upon payment of the annual fee as set forth in the fee schedule of the Village
of Lake Grove.[1] Every license shall be endorsed by the Village Clerk as to compliance
by the applicant with the provisions of this article. All licenses shall expire
on the 31st day of December in each year. Every licensee shall affix to the
driver's side of the cab the number assigned for use in connection with
the licensed vehicle.
[Amended 10-20-1994 by L.L. No. 9-1994]
B.Â
The Village Board may revoke any license for a false
statement contained in the application or for any violation of this article
or rules and regulations promulgated by the Village Board or any other law.
Upon revocation of any license, no refund of any portion of the license fee
shall be made to the licensee, and he shall immediately return any and all
insignias delivered for use in connection with a licensed vehicle or vehicles
and shall immediately cease all business under such license.
A.Â
Every vehicle used for the collection of garbage, refuse
and rubbish shall have an enclosed body or suitable provision for covering
the body; provision and use of a tarpaulin or canvas to enclose the open body
of such a vehicle may be permitted when specifically approved by the Commissioner
of Environmental Control.
B.Â
Every vehicle used for the collection of garbage, refuse
or rubbish shall have a watertight body and shall be kept clean and sanitary
and in good running order and shall have the licensee's name and address
plainly painted on each side of the cab of the truck in letters at least four
inches high.
A.Â
Collection hours. Collections shall be limited to the
hours between 6:00 a.m. and 6:00 p.m., Monday through Saturday inclusive.
There shall be no collections on Sunday except with special permission of
the Commissioner of Environmental Control. The hours of collection may be
extended beyond 6:00 p.m. but not to exceed 10:00 p.m., Monday through Saturday
inclusive, under extenuating circumstances, with the permission of the Commissioner
of Environmental Control.
B.Â
Notice of delay in service. Any cartman who, for any
reason whatever, is unable to service his customers, shall notify the Village
Clerk immediately by telephone of the default in service and possible correction
of condition. The telephone call shall be followed by a letter explaining
the cause of loss of service, duration of loss, remedy of cause and time of
expected resumption of normal service.
C.Â
Garbage collectors, licensees or persons designated by
the licensee to collect such garbage, refuse or rubbish shall return the garbage
containers to the area between the curbline and the property owner's
line, free of the right-of-way of vehicles. Failure to comply with this provision
shall be deemed a serious violation of this article.
D.Â
The Village Board, by resolution, after a public hearing,
shall from time to time promulgate such rules and regulations as may be required.
A.Â
A person who commits an offense against any provision
of this article or fails to comply therewith or with any requirements thereof,
or the rules and regulations that may be promulgated and adopted by the Village
Board, shall, upon conviction, be guilty of a violation, punishable by a fine
of not more than $250 or by imprisonment for a term not exceeding 15 days,
or both. Each day such violation is permitted to exist shall constitute a
separate offense.
B.Â
In the event of a violation of the provisions of this
article, the Code Enforcement Officer or Building Inspector may issue a conditional
summons. If the condition causing the violation is not corrected within five
days of issuance, the summons shall become effective. The violation shall
be deemed a continuing violation until corrected, and fines shall continue
to accrue daily.
[Added 2-4-1999 by L.L. No. 1-1999]
