The burning of any garbage and rubbish shall
be prohibited in all areas of Fallsburg.
A.
Garbage containers/cans.
(1)
All persons living and/or doing business in the Town
shall keep refuse and garbage within the Town in closed, sanitary,
clean, leakproof containers. Garbage bags may not be stored outside
without being in a container with a lid. Cans shall be kept in good
condition and replaced when damaged. Cans shall be placed at curbside
for pickup no sooner than the night before pickup and must be removed
from curbside by 9:00 p.m. of pickup day. Cans must be stored to the
side or rear of the dwelling to which the can is to be used and may
not be stored at the front of the dwelling. A can may be left at curbside
if secured inside a suitable trash box approved by the Code Enforcement
Officer. Bulk items shall not be placed at curbside sooner than two
days prior to scheduled pickup and must be removed promptly from curbside
if pickup does not occur on scheduled date(s). It shall be the duty
of the property owner to provide garbage/trash pickup services and
approved containers for the occupants of a dwelling.
(2)
Dumpsters, compactors and enclosures.
[Amended 7-26-2021 by L.L. No. 7-2021; 10-25-2021 by L.L. No. 7-2021]
(a)
All dumpsters and compactors shall be at all times kept in a place easily accessible to private contractors and compliant with Town Code § 310-4.7H. All dumpsters and compactors shall at all times be kept clean, neat, leakproof and rust-free and effectively screened from public view on all sides. Enclosure walls shall be of a height that effectively screens the dumpster from view. Enclosure doors shall be in good working condition and remain closed. Lessees of dumpsters shall be responsible for notifying the company from whom they are leasing said dumpster when they are in need of repair or if they have been damaged. Cleaning up of spilled materials or garbage shall be the responsibility of the owner or occupant of the property where the dumpster is located.
(b)
All dumpsters and compactors shall have good
working lids and lids shall be kept closed at all times.
B.
Storage of rubbish/trash. All rubbish and trash shall
be placed in suitable receptacles with lids approved by the Code Enforcement
Officer and securely stacked and/or tied in bundles as to be easily
handled by one person for disposal.
C.
Accumulations.
(1)
No person shall cause or permit any accumulation of
rubbish, trash, garbage or refuse about or upon the premises owned,
occupied or used by it or them so as to cause such accumulation to
be unsanitary, unsightly or hazardous to the property, life, health,
safety or welfare of the public.
(2)
Sidewalk trash/rubbish. The property owner and/or
occupant shall be responsible for the removal of trash/rubbish where
a sidewalk, alley or private parking lot abuts the property. Sidewalks,
alleys and private parking lots must be maintained clean and swept
of all trash/rubbish on a continuing basis from the curbside inward.
Rubbish/trash shall not be placed/swept into the curbside gutter area
and must be picked up and disposed of properly.
D.
Improper disposal and littering.
(1)
No person shall throw, place or scatter any garbage,
rubbish, refuse, bulk items or construction debris over and upon any
premises, street or alley, public or private, either with or without
the intent of later removing the same, or suffer the accumulation
of refuse on any premises owned, occupied, or controlled by any such
person to become or remain offensive, unsanitary, unsightly, or unsafe
to public health or tend to create a fire hazard.
(2)
Town containers placed on public streets for pedestrian
use shall not be used for disposal of garbage/rubbish generated from
or by residential or commercial properties. Disposal of residential/commercial
garbage/rubbish into Town street containers is prohibited.
E.
Recycling.
(1)
The recycling of plastic, glass and metal containers,
paper and cardboard shall be mandatory for all properties and businesses
that receive curbside pickup within the Town of Fallsburg, whether
private or municipal.
(2)
Recycled items shall be placed at curbside in containers
approved by the Code Enforcement Officer and the hauling company.
(3)
Cardboard and paper shall be bundled securely and
protected from inclement weather.
(4)
Glass shall be placed in a separate container, plastics
and metal cans may be combined in one container.
(5)
It shall be the responsibility of the owner to ensure
the occupant recycles that which they produce and place at curbside
for pickup within the Town of Fallsburg. It shall be the duty of the
owner to supply the occupants with approved labeled containers for
recycling. Property owners that use dumpsters shall not be exempt
from recycling and shall provide separate recycling containers for
the occupants.
F.
Transporting rubbish/garbage: construction and demolition.
All vehicles transporting trash, rubbish, construction debris, garbage
through any street or highway in the Town of Fallsburg shall have
the load/cargo properly secured and covered so as to prevent any material/cargo
from falling onto the roadway. This section shall pertain to and encompass
all commercial and passenger vehicles and trailers traveling the streets
and highways of Fallsburg and shall be subject to legal action in
Fallsburg Municipal Court and shall be cited/enforced by the Fallsburg
Police Department and/or Fallsburg Code Enforcement Officer(s).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
A.
No person
shall leave or deposit or cause to be left or deposited any abandoned
vehicle or parts thereof in or upon any public highway, street, or
place within the Town.
B.
ABANDONED VEHICLE
(1)
(2)
(3)
(4)
Definition
of “abandoned vehicle.”
A motor vehicle shall be deemed to be an abandoned vehicle
if left unattended:
With no number plates affixed thereto, for more than six hours
on any highway or other public place;
For more than 24 hours on any highway or other public place,
except a portion of a highway or public place on which parking is
legally permitted;
For more than 48 hours, after the parking of such vehicle shall
have become illegal, if left on a portion of a highway or public place
on which parking is legally permitted;
For more than 96 hours on property of another if left without
permission of the owner.
A.
Policy and purpose.
(1)
As provided in the regulations of this chapter, the
sanitary and safe disposal of garbage, refuse and rubbish is essential
to the public welfare, health and safety of the inhabitants of the
Town of Fallsburg.
(2)
The prompt and sanitary removal of all garbage, refuse
and rubbish is indispensable for the purposes of this chapter, particularly
for those seasonal establishments upon their cessation of the seasonal
operation.
B.
Duty of owner or operator. It shall be the responsibility
of the owner and the operator of any facility in the Town of Fallsburg
to comply fully with the regulations contained in this chapter and,
in particular, for those seasonal establishments upon the cessation
of activities for the season or otherwise.
C.
Time limit; performance of work by Town.
(1)
Within three days of cessation of operation, or within
three days' written notice by the Town Code Enforcement Officer, served
personally on the owner or operator, or posted upon the premises at
issue, the garbage, refuse or rubbish shall be completely removed
and disposed of in accordance with the regulations of this chapter,
and the facilities properly cleaned and secured. Upon failure of the
owner or operator to comply, the Town Code Enforcement Officer may
cause the work to be performed, either by independent contractor or
Town employees, at the sole cost and expense of the owner or operator
thereof, together with administrative charges as hereinafter provided.
(2)
Notwithstanding the foregoing, in case of imminent
threat to public health, safety or welfare, the Town Code Enforcement
Officer may order the immediate removal of accumulated garbage, refuse
or rubbish, and in case of noncompliance or inability to notify the
responsible person or persons therefor, to cause the removal of such
garbage, refuse or trash forthwith.
D.
Notice of charges.
(1)
Upon the completion of the removal of garbage, refuse
or rubbish by the Town, the Town Code Enforcement Officer shall serve
a bill upon the owner and the operator of the premises, if known;
otherwise, notice shall be mailed to the last known owner at the address
as shown on the records of the Town Assessor for the actual and necessary
expenses incurred by the Town in removing and disposing of such garbage,
refuse or trash, bringing the premises to the standards required by
this chapter, and an additional charge of 50% of such costs for administration
and supervision; together with a notice that unless payment is received
in full within 30 days after the date of such bill, the same shall
be reported to the Town Board of the Town of Fallsburg for adding
such charges as an assessment to be levied against the premises upon
which the work was performed, and that interest shall run at 12% per
annum from the date of rendering of the bill, until such charges are
paid. The Town shall have the option to enforce payment in any other
legal manner that it may choose.
(2)
Upon serving the notice, the unpaid charges shall
constitute a lien upon the premises at issue.
(3)
The Town Board may annually cause a statement to be
prepared setting forth the amount of each lien for garbage, refuse
or rubbish removal, the real property affected thereby and the name
of the person in whose name such real property is assessed. Such statement
shall be presented to the Town Board on or before the date other assessments
are required to be presented to the Town Board by law. The Town Board
shall levy the amounts contained in such statement against the real
property liable at the same time and in the same manner as Town taxes,
and such amounts shall be set forth in a separate column in the annual
tax rolls. The amounts so levied shall be collected and enforced in
the same manner and at the same time as may be provided by law for
the collection and enforcement of Town taxes.
