[HISTORY: Adopted by the Town Board of the Town of Victor 9-27-2010 by L.L. No. 6-2010; amended in its entirety 7-27-2015 by L.L. No. 7-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 162.
Solid waste — See Ch. 171.
This chapter shall be known as the "Refuse, Disposal of, Local Law."
The purpose of this chapter is to amend the Victor Town Code at Chapter 155 entitled "Refuse, Disposal of" in order to prohibit the scavenging of refuse within the Town.
As used in this chapter, the following terms shall have the meanings indicated:
LITTER
Refuse placed, thrown, deposited, dumped or disposed of in a manner other than as authorized in this chapter.
REFUSE
Waste, including items or materials that have been discarded as unwanted or unusable, also commonly referred to as rubbish, trash, garbage, or junk. Refuse also includes recyclable waste, items, or materials.
REFUSE RECEPTACLE
A container designed for the collection of refuse.
REFUSE SCAVENGING
Searching for and collecting items from discarded refuse.
TOWN REFUSE RECEPTACLE
A refuse receptacle owned by the Town of Victor, generally located in a public place within the Town of Victor.
A. 
Refuse, generally. Refuse shall be placed, collected, and stored for permanent disposal, in a refuse receptacle, where dimensions provide, at the premises in which it originated. No person shall place or deposit refuse on a premises, whether owned by such person or not, except in such a manner that will prevent refuse from being carried or deposited by the elements upon any street, sidewalk or other public place or private property.
B. 
Refuse storage. Refuse shall generally be stored and accumulated in a refuse receptacle or similar appropriate container. The refuse receptacle (other than a Town refuse receptacle), other container and refuse shall be placed by the owner of the premises upon which it is stored at the rear or side yard of the main building on the premises, or otherwise placed in a location reasonably hidden from view off the premises. Refuse receptacles and refuse which cannot reasonably fit within a container shall be stored in such a manner so as not to create a health hazard or public nuisance.
C. 
Refuse disposal. Refuse shall be regularly removed from the premises and permanently disposed of. Refuse and refuse receptacles shall be placed in front of the premises upon which it originated no earlier than 7:00 p.m. on the day prior to pickup and disposal by an authorized waste management provider or hauler, or by the resident.
D. 
Town refuse receptacles. Town refuse receptacles shall be used only for depositing of refuse generated on the public right-of-way, including public streets, sidewalks, trails, and parks. Unless otherwise expressly permitted by law. Refuse shall not be deposited onto any street, sidewalk or other public space. Depositing into Town refuse receptacles of refuse originating from homes, commercial establishments or industrial establishments is prohibited.
E. 
Town transfer station. Refuse can be deposited at the Town's transfer station with a valid Town of Victor transfer station permit, pursuant to the policies and procedures established thereof. No individual, business, swap shop volunteer, or other entity shall enter any bins/disposal areas, or tamper with, reopen, remove, or alter the refuse deposited at the transfer station.
F. 
Refuse scavenging prohibited on Town property. The scavenging and/or removal of any refuse that has been deposited on Town property, including but not limited to the Town transfer station, is prohibited, unless previously authorized by the Town in writing.
G. 
Other refuse. Refuse generated at a special event or project may be placed in a refuse receptacle provided at the special event or project, which refuse receptacles may be placed so as to be conveniently accessible during the operation of said special events or projects.
H. 
Management of waste and hauling. Refuse shall be hauled and permanently disposed of in accordance with the licensed activities of solid waste management facilities authorized at Chapter 171, by waste haulers licensed to dispose of refuse or in a manner otherwise authorized by law for the disposal or hauling of refuse.
I. 
Littering, dumping prohibited. No person shall place, throw, deposit, dump or cause to be placed, thrown, deposited or dumped any refuse in or upon any premises, street, sidewalk, park, litter basket, recycling bin or container or refuse receptacle, or any other place unless in accordance with Subsections A through F of this section.
A. 
Enforcement. It shall be the duty of the Code Enforcement Officer to enforce this chapter and to bring to the attention of the Town Board any violations or lack of compliance herewith.
B. 
Offenses. Any person, firm or corporation who or which fails to comply with or violates any of the provisions of this chapter shall be guilty of an offense and subject to the penalties of that offense or offenses.
C. 
Penalties. For each offense, any person, firm, company or corporation who or which neglects or refuses to do any act required by this chapter shall be punishable as follows:
(1) 
For the first offense, a fine of up to $350 or imprisonment for up to six months, or both.
(2) 
For the second offense within five years, a fine of $350 to $700 or imprisonment for up to six months, or both.
(3) 
For the third offense, and every offense thereafter, a fine of $700 to $1,000 or imprisonment for up to six months, or both.
D. 
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation/offense of this chapter, to recover damages, to restrain, and correct or abate a violation/offense. These remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation/offense or to prevent any illegal act, conduct, business or use in and about such premises.