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
- No person shall dump or otherwise dispose of any
garbage or refuse within the Town of Candor, except:
- (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) 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.
- 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.
- 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
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
Section 9. No license issued ~nder this Local Law shall be
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
- 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.
- 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.
- 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.
- In addition to the above provided penalties and
punishment, the Town Board may also
- (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) Take appropriate action to revoke any license
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.