Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 120.
Littering — See Ch. 125.
Sewers — See Ch. 155.
[Adopted 11-20-1991 by L.L. No. 2-1991]

§ 170-1 Purpose.

The purpose of this article is to authorize regulation of garbage, trash, refuse and recycling collection material within the Village of Cuba Village.

§ 170-2 Definitions.

As used herein, the following terms shall have the meanings indicated:
BULK ITEMS
Items such as household appliances and furniture, but only includes such items which are of sufficient weight to be picked up and disposed of by two individuals.
CARDBOARD
Wood pulp-base material which is usually smooth on both sides with a corrugated center. It shall also mean boxboard or paperboard having the same material characteristics as "cardboard," but without a corrugated center. It shall not mean wax-coated or glossy or soiled cardboard. This includes brown paper bags.
[Amended 5-11-2009 by L.L. No. 3-2009]
GLASS
All clear (flint), green and brown (amber) colored glass containers. It shall not mean mirrors, auto glass, milk-white glass, window glass, light bulbs, cookware, pyrex, crystal or ceramics.
MIXED PAPERS
Newsprint and all newspapers and newspaper advertisements, supplements, comics, enclosures, magazines, lined paper, computer paper, copy paper, and junk mail.
[Added 5-11-2009 by L.L. No. 3-2009[1]]
PLASTIC CONTAINERS
Containers composed of high-density polyethylenes, polyethylene terephthalate, polyvinyl chloride or other specific plastics, not including Styrofoam, that formerly contained the following in pourable form: food, food products, beverages, household cleaners or detergents, personal care products, automobile fluids or shop or garden supplies. It shall not mean hard plastic containers or items, toys or dolls.
RECYCLABLES
Includes clear, brown and green glass, tin cans, cardboard, newspaper and plastic and all other items required to be recycled by Allegany County.
REFUSE, TRASH AND GARBAGE
Includes but shall not be limited to garbage, burnable and nonburnable rubbish, refuse, glass, wastepaper, rags and scrap wood, but shall exclude and not include dead animals, fecal matter, explosives, volatile or flammable liquids, tires, batteries, waste oil and any other material, substance or article which is not acceptable at Allegany County waste transfer stations for collection purposes by the County of Allegany.
[1]
Editor's Note: This local law also repealed the former definition of "newspapers," which immediately followed this definition.

§ 170-3 Authority granted to Superintendent of Public Works.

The Village of Cuba Village Superintendent of Public Works is hereby granted the authority to promulgate, amend, change and establish rules and regulations controlling, regulating or limiting the collection of refuse, trash and garbage, bulk items and recyclables within the limits of the Village of Cuba Village as he/she may deem necessary and reasonable from time to time. Whenever the Village of Cuba Village Superintendent of Public Works shall promulgate, amend or change any such rules and regulations, he/she shall first publish a notice of such rule, regulation or requirement in the official newspaper of the Village of Cuba Village, which publication shall be at least five days before its effective date, and shall post such regulation upon the official bulletin board of the Village of Cuba Village and shall file such rule, regulation or requirement with the Village of Cuba Village Clerk. After the enactment of such rule, regulation or requirement by the Village of Cuba Village Superintendent of Public Works, all refuse, trash, garbage, bulk items and recyclable collection within the Village of Cuba Village shall comply with all such rules, regulations, amendments and requirements as amended from time to time.

§ 170-4 Requirements for curbside placement; collection schedule.

Until such time as the Village of Cuba Village Superintendent of Public Works shall adopt and enact, as provided for herein, rules, regulations and requirements for refuse, trash, garbage, bulk items and recyclable collection within the Village of Cuba Village, the following shall be required for all such collection within the Village of Cuba:
A. 
All recyclables, as defined herein and as may be required now or in the future by Allegany County to be recycled or as may hereinafter be defined and required to be recycled by the Village of Cuba Superintendent of Public Works, shall be placed at curbside by each resident in separate containers for collection, separating glass, tin cans, cardboard, mixed papers, plastic and all other items required to be recycled by Allegany County.
[Amended 5-11-2009 by L.L. No. 3-2009]
B. 
The schedule for pickup of garbage, trash, refuse and recyclable material within the village by the Village of Cuba Village shall be established by the Superintendent of Public Works, and it shall be the duty of each resident and business owner who desires to take advantage of the removal service to place all appropriate and acceptable materials at curbside on the day such material is to be collected and removed. All residents shall have such material at curbside no sooner than noon the day previous to collection and no later than 7:00 a.m. the day of collection, and all places of business shall have such material at curbside ready to be collected no sooner than noon the day previous to collection and no later than 9:00 a.m. the day of collection. All containers must be removed from curbside by noon the day following collection for all residents and places of business. The Superintendent of Public Works may provide a waiver or variance of this requirement as deemed necessary under appropriate circumstance.
[Amended 11-12-2013 by L.L. No. 4-2013]
C. 
All garbage, trash, refuse and material for removal shall be placed in watertight containers, equipped with bales or handles and fitted with a cover, except as follows:
(1) 
Securely tied bundles of magazines may be placed for collection.
(2) 
Cardboard may be tied in bundles, placed in brown paper bags and cardboard boxes.
(3) 
Newspaper may be tied in bundles or placed in brown paper bags.
(4) 
Glass must be placed in a reusable container.
[Amended 5-11-2009 by L.L. No. 3-2009]
(5) 
Plastic must be placed in a reusable container.
(6) 
Tin cans must be placed in a reusable container.
(7) 
Plastic garbage bags may be used for containers if such plastic bags are of heavy-duty type and are not overloaded and may only be used for garbage, trash and refuse.
D. 
The maximum weight of any single item left for collection, except for a bulk item, including the weight of the container, shall be 50 pounds.
E. 
No materials will be picked up on any collection day in excess of six thirty-gallon refuse or garbage containers.
F. 
All residents and businesses within the Village of Cuba Village shall present all garbage, trash, refuse and recyclable materials for collection by the village in such a manner as to be in full compliance with any and all rules and regulations and requirements of the County of Allegany for acceptance of such materials by the County of Allegany at its garbage, trash and recyclable collection centers and as may be required from time to time by rule, regulation or requirement of the Village of Cuba Village Superintendent of Public Works.

§ 170-5 Penalties for offenses.

A. 
Any person, corporation or entity who leaves garbage, trash, refuse or recyclable material or any other materials for collection by the Village of Cuba Village which shall be in violation of this Article or any rule, regulation or requirement promulgated in the future by the Village of Cuba Village Superintendent of Public Works shall not be collected by the Village of Cuba Village, and it shall be the responsibility of the person, corporation or entity so leaving such material for collection by the Village of Cuba Village to properly dispose of such material in compliance with all rules, regulations and requirements of the Village of Cuba Village or any other regulating governing body for the proper disposal of such materials.
B. 
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.

§ 170-6 Nonresident garbage.

[Added 5-11-2009 by L.L. No. 3-2009]
Bringing any garbage, refuse or trash of any kind into the Village and leaving same for disposal, by any person, is a violation of the Solid Waste Law and penalized according to § 170-5.