[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 6-21-2022 by L.L. No. 10-2022. Amendments noted where applicable.]
This chapter shall be entitled "Composting."
The authority for this chapter is New York State Municipal Home Rule Law § 10 and New York State Village Law § 130.
Municipalities are encouraged under state law to reduce municipal waste and encourage and promote recycling and residential composting as an effective means of reducing solid waste and producing soil-enriching products. Composting has a beneficial impact on the environment by reducing solid waste and improving soils conditions, and for these reasons the Village wishes to promote composting and educating Village residents on effective composting and practices. Improper composting can attract vermin, create offensive smells, create unsightly conditions and otherwise have a negative impact on the health and well-being of the community, and as such, the Village wishes to ensure that proper composting practices are followed.
As used in this chapter, the following terms shall have the meanings indicated:
COMPOST
A mixture of primarily vegetative matter, including but not limited to fallen leaves, woodchips, pine needles, sawdust, grain, coffee grounds, eggshells, lawn clippings, organic waste, vegetable matter, and/or fruit matter maintained in a sanitary manner.
COMPOSTING
Decomposition of solid, organic material to produce a stable, humus-like material.
RESIDENTIAL COMPOSTING
Collection of compost materials, solely from the residential property where generated, and maintenance on site for noncommercial purposes, contained in a bin, cage or other similar enclosure designed for such purpose and which such enclosure complies with this chapter. The term "residential composting" shall include only single-family and two-family residential dwellings.
Residential composting is allowed and encouraged on all single-family and two-family residential properties in all zones in the Village, subject to the following conditions:
A. 
Composting is limited to materials generated on the premises.
B. 
Composting may not include meat, fish, dairy products, treated wood or dog or cat feces.
C. 
Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin or otherwise create a hazard to the health or enjoyment of neighboring property owners.
D. 
Compost must be maintained in compost bins. They may be a maximum of one compost bin, up to 9.5 cubic feet or 100 gallons maximum. Compost containers acquired from or through the county, as part of a county-sponsored program will be deemed compliant with this chapter.
E. 
Compost must be stored in the rear of a residential premises. For corner properties, the architectural front of the property will be considered the front.
F. 
All composting bins must be located at least 10 feet from all property lines.
G. 
Allowed agricultural uses shall be exempt from this chapter.
The Village Code Enforcement Department, Code Enforcement Officers and other agents designated to investigate and/or enforce are authorized to investigate complaints of violations of this chapter and enforce this chapter.
A. 
Any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the provisions thereof, or any landowner who shall allow such violation, shall be guilty of a violation punishable by a fine of not more than $250 for the first offense; and by a fine of not more than $950 or by imprisonment for not more than one year for a second offense. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Each day that the violation is carried on or continues shall constitute a separate violation.
B. 
A civil action or proceeding in the name of the Village may be commenced in any court of competent jurisdiction to restrain by injunction the violation of this chapter. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Village and/or its authorized agents.