Disposal of Garbage

Town of Candor Local Law Number 2 of the Year 1991

A local law providing for the disposal of garbage and refuse and for the licensing of garbage collectors within the Town of Candor.

Be it enacted by the Board of Councilmen of the Town of Candor as follows:

A LOCAL LAW PROVIDING FOR THE DISPOSAL OF GARBAGE AND REFUSE AND FOR THE LICENSING OF GARBAGE COLLECTORS WITHIN THE TOWN OF CANDOR

Section 1. It is the intent of this Local Law to protect and promote the health, safety and welfare of the inhabitants of the Town of Candor by regulating and controlling the collection and disposal of garbage and refuse within the Town of Candor.

Section 2. This Local Law may be known as the Town of Candor Garbage and Refuse Local Law.

Section 3. As used herein the term "garbage and refuse" shall mean all putrescible and non-putrescible solid waste including but not limited to garbage,. rubbish, ashes, incinerator residue, street cleaning, dead animals and solid commercial and industrial wastes.

Section 4.

1. No person shall dump or otherwise dispose of any garbage or refuse within the Town of Candor, except:
   
   
1. (1) At a sanitary landfill operated pursuant to a permit granted by the Department of Environmental Conservation of the State of New York; or
   
   
2. (2) On premises owned or occupied by him, provided that the garbage or refuse originates at the same premises and that he cover at least daily with at least 6" of soil all garbage and refuse capable of fermentation or decay.
   
   
2. No garbage or refuse originating outside the Town or Village of Candor shall be dumped or otherwise placed in any sanitary landfill or in any other public or private location within the Town of Candor.
   
   
3. No toxic or hazardous wastes, including, but not limited to explosives, acids, corrosives, caustic drainage oils, 'waste fuels, radioactive or other potentially dangerous explosives or inflammable materials shall be dumped or placed at any landfill or other public or private location within the Town of Candor.
   
   

Section 5. No person shall engage in the business of the collection of garbage and refuse within the Town of Candor without first obtaining a license from the Town Clerk of the Town of Candor. The term "business of collection of garbage and refuse" shall mean an operation conducted for hire on a regular basis at established rates. It does not include occasional or sporadic collection of garbage and refuse.

Section 6. Any person desiring to engage in the business of the collection of garbage and refuse shall make application with the Town Clerk of the Town of Candor setting forth his name, address, the name under which such business is to be conducted, a statement of convictions, if any, and the number and kinds of vehicles to be used in the business, together with the charges which he proposes to make for the collection and disposal of such garbage and refuse. Such charges shall not exceed the amounts which the Town Board may from time to time prescribe.

Section 7. The fee for such license shall be $200.00 (as set by the Town Board of the Town of Candor at a regular meeting February 9, 1971) for each year or portion thereof to which said license applies, and shall accompany the application for the license.

Section 8. Such license shall be effective from the first day of January until the thirty-first day of December of the 'same year and may be renewed in the month of December for the succeeding year and subject to the same conditions as the original license.

Section 9. No license issued ~nder this Local Law shall be transferrable.

Section 10. Any vehicle used in the business of the collection of garbage and refuse shall be so equipped as to be water tight, and so covered that no part of the load may blow, leak or spill, and shall be available for inspection by a duly authorized official of the Town of Candor at any reasonable time. These requirements shall not apply to a vehicle used for occasional or sporadic collection of refuse and garbage but the load must be so secured that the contents will not blow, leak or spill.

Section 11.

1. Any person who commits any act in violation of any provision of this Local Law shall be deemed to have committed an offense against this Local Law which shall constitute a violation as defined in the Penal Law of the State of New York and shall be liable for the penalties herein imposed for such violation. Each act committed in violation of any provision of this Local Law shall constitute a separate offense.
   
   
2. For every violation of any provision of this Local Law the person violating the same shall be subject to a fine of not more than $350.00 or imprisonment not exceeding 15 days, or both.
   
   
3. Any person violating this Local Law shall be subject to a civil penalty enforceable and collectable by the Town in an amount sufficient to cover the costs incurred by the Town in remedying the violation but in no event less than $350.00.
   
   
4. In addition to the above provided penalties and punishment, the Town Board may also
   
   
1. (1) Maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such Local Law.
   
   
2. (2) Take appropriate action to revoke any license issued hereunder.
   
   

Section 12. The Enforcement Officer shall have the power to issue an appearance ticket pursuant to Section 150.20 of the Criminal Procedure Law, to serve a Summons, to serve and issue any orders or process in the administration of the provisions of this Local Law. In addition, any police officer or inspector authorized by the municipality to assist in enforcement of this Local Law may serve any process, including an appearance ticket, a uniform appearance ticket and simplified information related to any proceeding either criminal or civil in nature undertaken in the enforcement of the provisions of this Local Law.

Section 13. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Section 14. This Local Law shall become effective upon filing with the Secretary of State of the state of New York.

Town of Candor Local Law No. 1 of the year 2002

A local Law amending Local Law No.2 of the year 1991

Be it enacted by the Board of Councilmen of the Town of Candor as follows:

AN AMENDMENT OF A LOCAL LAW PROVIDING FOR THE DISPOSAL OF GARBAGE AND REFUSE AND FOR THE LICENSING OF GARBAGE COLLECTIONS WITHIN THE TOWN OF CANDOR

Be it enacted by the Board of Councilmen of the Town of Candor, County of Tioga and State of New York as follows:

That Section 7 of Local Law No.2 of the year 1991 is hereby amended to read as follows:

"The fee for such license shall be $50.00 (as set by the Town Board of the Town of Candor at a regular meeting March 12,2002) for each year or portion thereof to which said license applies, and shall accompany the application for the license."

That all other sections of said Local Law No.2 of the year 1991 shall remain in full force and effect.

This Law shall take effect on the 1^st day of January 2003.