Conditions of license.

Every license issued by the Town Clerk, pursuant to this chapter shall be subject to the following conditions and to such other reasonable conditions as may be imposed by the Town Board:

A. Vehicles used in the transportation of garbage or rubbish or any other materials designated for collection by licensed haulers within the Town of Webster, regardless of place of origin, shall be so equipped as to prevent the leakage or spillage of their contents.

B. No vehicle used in the collection or transportation of garbage or rubbish or any other material designated for collection by refuse collectors shall stand overnight with said matter in or on it.

C. No vehicle used in the collection or transportation of garbage or rubbish or any other materials designated for collection by licensed haulers shall be parked or stored in a residential district when not being used in the actual collection or transportation of said matter.

D. Any firm having one or more such vehicles shall be allowed to use one alternate collection vehicle for use in emergency situations.

E. The vehicles used by collectors and the routes of collection shall be subject to inspection and reasonable visitation by the Town Enforcement Officer or his/her authorized agents.

F. 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 Town Clerk may authorize any license holder to use additional trucks for a period not to exceed 10 days.

G. Each licensee shall pay such annual license fee due on January 1 of each year as may be determined by the Webster Town Board. Failure to pay such license fee on or before January 31 of each year shall be grounds for revocation of such license.

H. Each refuse collector must provide forthwith and at all times during the term of the license, a telephone number and be prepared to receive and answer messages for a minimum of eight hours every business day of the year, from the hours of 8:00 a.m. to 4:00 p.m. Each refuse collector shall respond to each inquiry, complaint or message within 24 hours.

I. No collector or employee shall be under the influence of drugs and/or alcohol or use gross, discourteous language during collection or when discussing business over the telephone.

J. All trucks must have a minimum liability insurance policy for personal injuries in the amount of $500,000 per person, $1,000,000 per accident, $100,000 of coverage for property damage and $ 2,000,000 aggregate. A certificate of insurance must be furnished by each collector indicating these limits, including contractual liability, and the Town of Webster is to be named on this policy as an additional insured.

K. No collector shall cease or discontinue business in the Town of Webster unless 30 days' written notice has been given to the Town Clerk and to all customers serviced within the Town. 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 Town 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 his failure to do so, the license may be immediately revoked by the Town Clerk as herein provided.

L. No refuse collector shall refuse to render service when asked by any person located within the refuse collector's primary service area. Terms and conditions of providing collection service shall be agreed upon between the individual and the refuse collector, but shall be uniform for all customers and shall not discriminate for other than valid business reasons, such as nonpayment. The refuse collector shall continue to provide service during any dispute with any person, but shall have the right to appeal to the Commissioner of Public Works or his/her division head, agent or designee relative to continuing the service to any person. The Commissioner of Public Works or his/her division head, agent or designee shall render a decision within 30 days of the written presentation of the appeal to him or her.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

M. The Code Enforcement Official shall have the authority to assign a refuse collector to a particular customer or location if the customer is not in compliance with the existing code. The Code Enforcement Official shall issue an appearance ticket to address the code violation.

[Amended 6-17-2010 by L.L. No. 5-2010]

N. Violations of any of the foregoing regulations or of any other provisions of this law shall be cause for revocation of the license of any person holding a license hereunder. The Town 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 his principal office at the address filed with the Town Clerk with the licensee's application.