The great influx of people into the Incorporated
Village of Port Jefferson has resulted in the garbage collection industry
becoming an important factor in the community. Proper collection results
in the preservation of the appearance of the municipality and the
prevention of health hazards. Also, the convenience and financial
well-being of the citizenry is affected by the proper regulation of
the industry. It is the intention of the Village of Port Jefferson
to maintain prompt, efficient, clean and courteous service by the
garbage collection industry at reasonable prices.
As used in this article, the following terms
shall have the meanings indicated:
Material, goods, wares and merchandise and any ingredients,
parts or by-products thereof sold, offered for sale, manufactured,
processed, repaired or assembled by business or commercial firms who
have discarded waste, whether animal, fish, fowl, fruit or vegetable
matter, resulting from the use, storage and growth of food for human
consumption, and including spoiled foods, garden and tree fruits and
vegetables, tin, glass or other food containers, discarded combustible
and noncombustible waste materials, swill, ashes, the residue from
the combustion of wood, coal, coke, charcoal and other combustible
material, newspapers, papers, rags, cartons, boxes, excelsior, straw,
rubber, leather, metals, mineral matter, crockery, dust and sweepings
from buildings. "Garbage" shall not be deemed to include grass and
yard trimmings, tree branches and rocks and stones.
Lawn clippings, grass, weeds, tree branches and like materials.
Any individual, group of individuals, corporation, firm,
association or partnership, and includes the plural as well as the
singular and the feminine as well as the masculine genders.
All rubbish, including but not limited to tires of all kinds,
furniture, mattresses, baby carriages, bulky items and building materials
accumulated from the construction or alteration of buildings or structures
by residents.
No person shall engage in the business of collecting,
removing or transporting garbage and/or grass in the Village of Port
Jefferson without first obtaining from the Village Board of Trustees
a license to carry on such business in the Village and an appropriate
identification card for each vehicle used in such business.
The fee for a license to engage in the business
described in this article shall be $50, plus $10 for each vehicle
used in such business, annually, which fee shall be payable to the
Clerk of the Village prior to the issuance of the license. Fees shall
not be prorated, except as herein stated; provided, however, that
in the event of sale of a business, the new licensee shall pay a license
fee of 1/2 the usual fee if the new license is obtained after July
1 in any year.
A bond in the sum of $2,500 shall be executed
by every person or corporation engaging in the refuse collection business
within the Incorporated Village of Port Jefferson 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 and the
Incorporated Village of Port Jefferson and all lawfully issued orders
of the Village Board of Trustees and that the Incorporated Village
of Port Jefferson will be indemnified and held harmless from any and
all claims for damages or liabilities caused by or arising out of
any act or omission of the licensee, his agents or employees or by
his failure 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 of Trustees
or its designated representatives.
A.
The Village Board of Trustees is hereby authorized
to grant licenses and identification cards under its hands and to
be sealed with the Corporate Seal of the Village.
B.
All applications for licenses and identification cards
shall be made by the applicant on forms to be provided by the Village
Clerk. Said applications shall set forth the name, business and residence
address of the applicant; the names and residence addresses of the
officers and stockholders or partners if the applicant is a corporation
or partnership; whether the applicant, any partner, stockholder or
corporate officer has been convicted of a misdemeanor or felony; a
statement of the ownership interest by said applicant, stockholder,
officer or partner in any other garbage and/or grass collection business;
a statement of the number, type and kinds of vehicles to be used by
the applicant, including their unladen weight and capacity, trade
name, body type, serial and motor numbers and state registration number;
the kind of service the applicant desires to perform in the Village;
and such other information as may be required by the Village Board
of Trustees. Supplementary applications shall be verified by the applicant;
if a partnership, by one of the partners and if a corporation, by
one of its officers.
C.
Each applicant shall set forth in the application
the rate per month to be charged to its customers at the inception
date of the granting of the license.
D.
The application form must be endorsed, in writing,
by the Suffolk County Police Department certifying to the accuracy
of the applicant's statements setting forth the applicant's past criminal
record and criminal associations, if any, and to the completeness
of such statements.
E.
Within 15 days of the occurrence of any change in
the facts stated in any application, the applicant shall report the
same in a supplementary application to the Village Board of Trustees.
If additional vehicles are used in such business, an additional fee
shall be paid for such additional vehicle. All changes made on any
license or identification card shall be made only by the Village Board
of Trustees.
F.
No license will be renewed unless the licensee is
actively engaged in the business of collecting garbage and/or grass
within the Incorporated Village of Port Jefferson.
A.
In the event that a licensee, at any time before the
expiration date of his license, wishes to increase his rates for collection
services to the public, a written notice of such increase in rates
shall be addressed to the Village Clerk, by certified mail, return
receipt requested, which notice shall contain the existing rate charged
by the licensee and the proposed increased rate. The Village Clerk
shall inform the licensee of the date, time and place of the next
three regular public meetings for the Board of Trustees, other than
the Board of Trustees' business meetings. The licensee shall then
give written notice to all of its customers of the date, time and
place of the public hearing at which the licensee or its designated
representative must present to the public the rate increase and the
reasons for such increase. The Village Clerk shall cause a notice
of such public hearing to be published in the official newspaper of
the Incorporated Village of Port Jefferson at least 10 days prior
to said hearing date.
B.
Any rate increase subject to this section shall be
effective commencing with the licensee's next regular billing period
following said public hearing. No rate increase shall be permitted
to a licensee until the procedures set forth in this section have
been complied with.
Each applicant for a license shall file with
the Village Board of Trustees evidence in the form of a certificate
of insurance that a policy of liability insurance is in full force
and effect with the limits of not less than $250,000/$500,000 covering
bodily injury and property damage and covering the applicant and each
and every vehicle engaged in the collection of garbage and/or grass,
which policy shall be endorsed to indemnify and save harmless the
Village of Port Jefferson from any and all claims for personal injury
or property damage arising out of the operation, ownership and maintenance
of any vehicle used by the applicant in the Village. Each applicant
shall file with the Village Board of Trustees 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 the applicant in the collection of such garbage and/or grass, rubbish
and trade waste. Said certificates of insurance shall be approved
by the Village Attorney.
All licenses issued under this article shall
be granted for a term to end on the 31st day of December next following
the issuance thereof.
Except as herein otherwise provided, any person having been duly granted a license and identification card in any previous year may obtain a renewal of the same for the succeeding year upon the payment of a renewal fee of the same amount as required for the original issue and the filing of the insurance certificates required herein and upon a sworn statement to the Village Board of Trustees that there has been no change in the original application or any subsequent supplementary application and the written endorsement on the renewal application form by the Suffolk County Police Department certifying to the accuracy of the applicant's statements setting forth the applicant's past criminal record and criminal violations, if any, and to the completeness of such statements. An application for renewal shall be made on or before November 1 of each year. Failure to file a renewal application and pay the proper fees therefor by November 1 shall require that the application be filed and processed pursuant to § 151-6 of this chapter.
A license may be refused or revoked if the applicant
or any partner, stockholder or corporate officer shall have been convicted
of a misdemeanor or felony which, in the judgment of the Village Board
of Trustees, renders the applicant unfit or undesirable to carry on
the trade or occupation involved herein. The Village Board of Trustees
may also revoke or refuse a license to any applicant who, in its judgment,
shall be unfit, undesirable or incapable of conducting the trade or
business involved herein or who fails to comply with the provisions
of this article. Failure to actively engage in the garbage and/or
grass removal business in the Village of Port Jefferson for a period
of six months shall subject such license to revocation. The granting,
refusal or revocation of such license by the Village Board of Trustees
shall be subject to review as provided by law. Failure to comply with
the provisions of this article shall be considered grounds for revocation
of a license.
The refusal to comply with the following regulations
shall be grounds for revocation of the license:
A.
A licensee shall, between the hours of 7:00 a.m. and
6:00 p.m. of the business day, excluding Sundays and holidays, be
required to furnish such service to the public as herein provided.[1]
[1]
Editor's Note: Original § 42-11B,
which dealt with the licensee working on Saturdays and holidays and
which immediately followed this subsection, was repealed 6-11-1992
by L.L. No. 4-1992.
B.
An identification card shall be carried on each vehicle
used in the licensee's business and shall be exhibited upon the demand
of property owners where collection is being made or any police officer.
C.
The licensee shall render efficient, reliable, quiet
and courteous service at all times.
D.
The licensee shall not arbitrarily discontinue service
to any customer. The licensee must notify such resident, in writing,
of the reason for the discontinuation of such collection service and,
in addition, must notify the Village Clerk, in writing, of the discontinuation
of such collection service to such customer.
E.
The licensee shall make a minimum of two garbage and
refuse collections per week and one recyclable collection per week.
[Amended 3-27-1989 by L.L. No. 2-1989]
F.
The licensee shall not refuse to collect garbage although
there is no separation of materials, except for recyclable materials.
[Amended 6-11-1992 by L.L. No. 4-1992]
G.
The collector shall pick up any garbage which is dropped
by him.
H.
The licensee shall park his or its vehicle as far
off the road as possible.
I.
The licensee shall bill customers at least quarterly.
J.
The licensee shall not refuse to collect grass, provided
that same is placed in a grass container or plastic bag at the street
for pickup.
K.
The licensee shall transport all material so as to
prevent odors or the dropping of any such matter upon the streets,
avenues, highways, roads or public places. The contractor shall load
all material directly onto the truck, leave all places clean after
collecting and loading and be responsible for spilling any such matter
while collecting, loading or transporting the same.
L.
It shall be the responsibility of the licensee to
transport and dispose of all materials collected in the said Village.
M.
Any other provisions of the section not withholding,
the licensee may work between the hours of 6:00 a.m. and 6:00 p.m.
of the business day, excluding Sundays and holidays, in the following
areas:
[Added 6-7-1978 by L.L. No. 6-1978]
|
Zoning District
|
Street
| |
|---|---|---|
|
C-1
|
East Main Street, Main Street, East Broadway,Vineyard
Place and West Broadway
| |
|
MW
|
East Broadway and West Broadway
| |
|
C-2
|
Main Street
| |
|
R-O
|
Main Street
|
N.
In commercial districts where dumpsters are supplied
and/or serviced, the licensee shall place a notice with the name and
address of the person(s) charged a fee for the use of each dumpster.
Also, the notice shall include the days of pickup of garbage from
each dumpster. The notice shall be placed in a location on the dumpster
that is easily accessible and shall be installed so as to be indestructible
to the extent possible. The adequacy of the notice location and installation
shall be approved by the Building Inspector.
[Added 3-27-1989 by L.L. No. 2-1989]
A.
The customer must purchase his or its own containers.
B.
All garbage to be collected shall, unless otherwise
indicated, be placed in suitable metal or plastic containers equipped
with suitable handles and tight-fitting covers. No container shall
exceed 30 gallons' capacity and, together with the material therein,
shall not weigh more than 50 pounds.
C.
If materials to be collected are kept in covered garbage
bins, inside garages, porches, under stoops or in underground receptacles
of any kind, the same shall be placed outside of the above-mentioned
places readily accessible for collection by the licensee.
D.
Material to be collected shall be placed in the area
immediately adjacent to the residence property line, but not on the
sidewalk, if a sidewalk exists, nor in the street unless these locations
are not feasible. Whenever service roads exist, all materials shall
be placed ready for collection where property adjoins the service
road.
E.
After the collection of garbage by the licensee, the
customer shall, as soon as practicable, remove all garbage and trash
containers from the curbline and place them in a location where they
cannot be seen from the street on which the customer's property fronts.
In no event shall a garbage container be left at the curbline or adjoining
a service road beyond 12:00 noon of the day following the collection
day.
[Amended 7-11-2005 by L.L. No. 5-2005]
F.
Newspapers shall be bundled and tied in bundles not
to exceed 50 pounds and placed beside the curbside on the designated
day for recyclable collection.
[Amended 6-11-1992 by L.L. No. 4-1992]
G.
Bushes, small limbs of trees, all bush and tree trimmings
and Christmas trees shall be securely bundled and tied in a bulk no
greater than six feet long, two feet wide and two feet high and not
weighing more than 50 pounds per bundle.
H.
All boxes, crates, cartons, rugs, clothing, wood,
metal, wool and similar items which cannot readily be deposited in
containers shall be securely bundled and tied in a bundle no greater
than six feet long, two feet wide and two feet high and not weighing
more than 50 pounds per bundle.
I.
The customer shall not require collections from the
interior unless an extra charge shall be mutually agreed upon with
the collector.
A license shall not be assignable. Any holder
of a license granted under this article who allows 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.
A.
The vehicles to be used by collectors of garbage and/or
grass shall have been inspected and approved by the Trustees of the
Village or its designated representative, whose inspection certificate,
signed by the Village Clerk, shall be exhibited to the Village Board
of Trustees or its designated representative and shall be so constructed
as to make impossible the spilling or leakage of garbage and/or grass.
In transporting such materials through the Village, the vehicle shall
be covered in such a manner that none of the contents can spill onto
Village roads. Any garbage and/or grass falling to the streets or
roads in said Village must be immediately cleaned up.
B.
The licensee must keep all vehicles clean, sanitary
and neatly painted and shall wash, clean and disinfect such vehicles
at regular intervals.
C.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners and the Village of Port Jefferson
license numbers in letters of suitable size upon the vehicles.
D.
The Village reserves the right to prohibit the use
of any vehicle in the performance of the within services which, in
the opinion of the Village, is not suitable or properly maintained
for the operation and/or transportation of the materials contemplated
herein.
The Village Board of Trustees shall have the
following powers in order to further the purposes of this article:
A.
To adopt, amend and repeal rules and regulations after
due notice and public hearing by the Village Board of Trustees. Said
rules and regulations shall not be in force and effect unless and
until said rules and regulations have been approved by the Village
Board at a public meeting.
B.
To investigate all violations of this article and
any grievances reported by customers and the licensees.
C.
To take testimony concerning violations of this article,
grievances of customers, grievances of the licensees and petitions
for higher rates.
D.
To hold public hearings on 10 days' notice by the
publication in the official newspaper of the Village of Port Jefferson,
together with written notice by certified mail to the licensee involved.
E.
All other powers necessary, incidental or implied
to carry out the purposes and proper function of this article.
Nothing contained in this article shall be construed
or interpreted to make the Village of Port Jefferson a party to any
contract for the removal of any materials provided for herein.
