[HISTORY: Adopted by the Board of Trustees
of the Village of Pittsford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-14-1989 by L.L. No. 2-1989]
This article is adopted for the protection and
promotion of the public health, safety and general welfare of the
community by regulating the storage of garbage and other waste materials
as well as the use and maintenance and operation of bulk garbage containers
referred to as "dumpsters."
As used in this article, the following terms
shall have the meanings indicated:
The residue from the burning of wood, coal, coke or other
combustible materials.
A bulk refuse storage container that is designed to be mechanically
emptied into a larger compactor-type truck for disposal.
[Amended 11-20-2007by L.L. No. 6-2007]
Wastes from the preparation, cooking and serving of food;
market wastes; and wastes from handling, storage and sale of produce.
Commemorations recognized by law, which include New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
and Christmas Day.
[Added 11-20-2007by L.L. No. 6-2007]
A waste receptacle such as a garbage can or refuse tote designed
to be moved to the point of collection.
[Added 11-20-2007by L.L. No. 6-2007]
COMBUSTIBLE RUBBISHPaper, cartons, boxes, barrels, wood, excelsior, wood furniture, shipping and packaging materials.
NONCOMBUSTIBLE RUBBISHMetals, tin cans, metal furniture, dirt, glass, crockery and minerals.
YARD RUBBISHMiscellaneous waste material, such as tree branches, brush, twigs, grass and shrub clippings, weeds, leaves and general yard and garden waste materials, but does not include earth or building materials.
Includes all categories of materials to be disposed of, excluding
garbage.
The owner, lessee, contractor, tenant or other
person having management or control of or occupying any lot or plot
of land in the Village shall keep such land, at all times, free and
clear of any accumulation of garbage, refuse, rubbish, litter and
waste or discarded matter of any type, including partially dismantled
motor vehicles, except such as may be deposited for collection and
disposal purposes. Upon due notice, in writing by the Village Clerk
or his/her designee, given to such owner, lessee, contractor, tenant
or other person to remove said accumulation of garbage, refuse, rubbish,
litter and waste or discarded matter from said lot or parcel of land
and upon failure to comply within a period of five days after the
service of said notice, said owner, lessee, contractor, tenant or
other person shall be deemed to have violated the provisions of this
article. Notice shall be served by regular mail or in person.
[Added 11-20-2007by L.L. No. 6-2007]
A.Â
No person shall accumulate or permit the accumulation
of refuse upon any premises owned or occupied by such person except
for the purpose of collection, which shall normally occur at intervals
of not less than seven days, except for holidays, Sundays, vacations
or extraordinary weather or except where caused by or arising out
of the construction or remodeling of a dwelling or other building
on the premises or customary agricultural operations thereon, in which
cases due care shall be taken that such accumulation shall not create
an unsightly appearance or unreasonably disturb the comfort and repose
of the neighborhood, and shall be removed within a reasonable time
or immediately upon completion of the work causing such accumulation.
The determination of violations related to this provision shall be
at the sole discretion of the Code Enforcement Officer.
B.Â
Every owner, tenant or occupant of a building, premises
(except vacant land), or place of business must be able to demonstrate
that they are serviced by a refuse collector licensed by the Village
of Pittsford. Every owner, tenant or occupant of any building, premises
or place of business shall provide or cause to be provided and at
all times keep suitable and sufficient receptacles for receiving and
containing garbage or refuse that may accumulate or be used upon said
premises. No such receptacles shall be kept near any public place
longer than may be necessary for the removal of the contents thereof.
Such receptacle shall be a container of sufficient capacity, and said
container shall have handles and a tight-fitting cover and shall be
watertight. All receptacles shall be closed at all times. Lawn carts,
wheel barrows, fifty-five-gallon drums, fiber barrels and wastebaskets
are not considered suitable and sufficient containers.
C.Â
Refuse containers shall be placed at the curb no earlier
than the afternoon before the day of collection, and shall be removed
no later than the day of collection.
D.Â
No person shall throw or deposit or cause to be thrown
or deposited any refuse, hazardous waste or recyclable materials in
or upon any portion of a public right-of-way, street or place or on
any property not owned or occupied by said person, nor in any refuse
container not owned, leased or rented by said person within the Village
of Pittsford.
No person shall dump, deposit, throw, place,
cast or bury ashes, rubbish, yard rubbish, garbage, waste matter,
offal or discarded matter of any type on any lot or plot of land in
the Village, other than compost heaps such as may be utilized by a
home gardener when stored on his own property and appropriately screened
from view, provided that such compost heaps do not develop obnoxious
odors, attract rodents or otherwise create a hazard to the health
and enjoyment of neighboring property owners. Discarded matter shall
include any junked or abandoned vehicle which is without a currently
valid license plate and is in either a rusted, wrecked, discarded,
dismantled, partly dismantled, inoperative or abandoned condition.
No person being the owner, driver or operator
of any car or other vehicle, including construction vehicles, and
no owner of any receptacle shall scatter, drop or spill or permit
to be scattered, dropped or spilled any dirt, gravel, sand, clay,
loam, stone or building rubbish or hay, straw, oats, sawdust, shavings
or other light materials of any sort or manufacturing, trade or household
waste, refuse or rubbish of any sort or ashes, manure, garbage or
other organic refuse or other offensive matter therefrom or permit
the same to be blown off therefrom by the wind upon any street or
sidewalk or right-of-way or public place in the Village of Pittsford.
[Amended 5-12-1998 by L.L. No. 2-1998; 1-11-2000 by L.L. No. 1-2000; 4-12-2005 by L.L. No. 1-2005; 11-20-2007by L.L. No. 6-2007; 8-11-2009 by L.L. No. 15-2009; 5-25-2010 by L.L. No. 3-2010]
Dumpsters are permitted in Zones B-1, B-1A,
B-2, B-3, B-4 and M-1. Dumpsters are not permitted in any residential
district in the Village of Pittsford.
A.Â
Collection schedule.
(1)Â
The property owner, lessee or the user of the dumpster
shall make provisions that all garbage and other waste materials be
completely contained within the dumpster. No accumulation of garbage
and/or waste materials will be permitted outside the confines of the
dumpster, nor will it be permitted to accumulate garbage or other
waste materials so that the dumpster cover cannot be firmly closed.
(2)Â
No dumpster shall be delivered, removed or emptied
between the hours of 6:00 p.m. and 6:00 a.m.
B.Â
Location, use, condition and appearance requirements.
(1)Â
Enclosures.
[Amended 2-25-2014 by L.L. No. 5-2014]
(a)Â
No dumpster may be placed, and no existing dumpster shall remain,
in any location, unless the dumpster is screened by an enclosure consisting
of a solid fence or other approved screening material. The enclosure
shall exceed the height of the dumpster so that the dumpster is entirely
screened from view. The enclosure shall at all times be kept closed
and in good repair, so as not to create an unsightly condition.
(b)Â
Where dumpsters are less than three (3) cubic yards in size, or where
an accumulation of three or more totes, that will contain materials
other than restaurant and/or food-related garbage, are maintained
with securely closed and watertight openings, are structurally sound,
are free of rust, are odor-free, are properly painted, and where the
site may not be suitable for an enclosure, the Building Inspector
may waive the enclosure requirement. If such a waiver is granted,
the property owner, lessee or user of the dumpster or totes will be
responsible for maintaining them as described herein. If these conditions
are not met, the Building Inspector will revoke the waiver and the
dumpster and/or totes will be immediately removed. It will be the
responsibility of the property owner to make an application to the
appropriate Board(s) to erect an enclosure to facilitate the dumpster
or totes.
(2)Â
Dumpsters and their enclosures shall be set back a
minimum of 20 feet from a public right-of-way or a residential property
line, and a minimum of 50 feet from a residential structure. The location
of dumpsters on sites with constraints or conditions which do not
allow the minimum setbacks shall be subject to the approval of the
Village of Pittsford Planning Board.
(3)Â
All dumpsters shall be kept in good repair, be structurally
sound and leakproof. All dumpsters shall have watertight doors or
covers that securely close all openings, and that are easily opened
and closed. Dumpsters shall be painted as required to prevent the
show of rust and deterioration and be so constructed to stand firmly
and safely upright.
(4)Â
All dumpsters shall be clearly identified with the
name of the owner of the dumpster.
(5)Â
The dumpster lessee shall be responsible for removing
any litter, debris or other matter related to the use of the dumpster,
including in the immediate vicinity of the dumpster and the surrounding
area. The ground or pavement in the area of the dumpster shall be
kept clean and sanitary. Foul odors emanating from the dumpster or
the surrounding area shall be eliminated. Vermin shall be exterminated.
(6)Â
All dumpster doors and covers shall remain securely
closed except when being filled or emptied. Overflowing conditions
are prohibited.
(7)Â
Food waste that is placed in a dumpster shall be in
securely sealed plastic bags. Loose refuse other than food waste that
may become windblown shall be bagged.
(8)Â
No dumpster may exceed seven feet in height above
grade.
(9)Â
No dumpster may be placed in any location without
a permit and the approval of the Building Inspector. Unauthorized
dumpsters shall be removed by the owner of the dumpster upon the order
of the Building Inspector.
(10)Â
The design, materials and location of a required dumpster
enclosure shall be subject to the approval of the Building Inspector.
No enclosure may be constructed without such approval.
(11)Â
On properties with multiple commercial uses, the sharing
of dumpsters shall be encouraged and preferred when practical.
(12)Â
The provisions of this article shall apply to the
owner of the dumpster as well as to the user or lessee of the container.
The Building Inspector may revoke the permit for any dumpster that
is in violation of this article, and any such dumpster shall be removed
by the owner upon the order of the Building Inspector.
C.Â
Application for permit. An application for a permit
pursuant to the provisions of this article shall be made on forms
approved and made available by the Village Clerk of the Village of
Pittsford. Such application shall include but not be limited to the
following information:
(1)Â
The name and address of the applicant and, if applicable,
the name and address of the lessor of the dumpster.
D.Â
Issuance of permit.
(1)Â
All permits required by this article shall be in writing
and issued by the Village Clerk or the Village Building Inspector
of the Village of Pittsford. The Village Clerk or the Village Building
Inspector shall issue said permit if it appears that the applicant
has a reasonable need to use a dumpster. No permits shall be issued
until the fee, hereinafter described, shall be paid to the Village.
(2)Â
Such permit will be issued for a period of one year.
Any permit issued shall be revoked in the event that the maintenance
of the dumpster violates any of the terms and provisions of this article.
E.Â
Permit fee. The fee payable for a permit pursuant
to this article shall be established yearly at the Annual Organizational
Meeting.
[Amended 5-12-1998 by L.L. No. 2-1998]
Temporary dumpsters placed/used in conjunction
with demolition, remodeling or repairs require a permit from the Village
of Pittsford Code Enforcement Officer or his or her designee.
A.Â
Criminal penalty. Any person who violates any provision
of this article shall, upon conviction thereof, be subject to a fine
not to exceed $250 or to imprisonment for a term not to exceed 15
days, or both.
B.Â
Civil penalties; construal.
(1)Â
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
(2)Â
Neither judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this article
nor a judgment in or the pendency of a civil action of law or in equity
shall be a bar to the other form of proceeding.
(3)Â
The imposition of a penalty for a violation of this
article shall not excuse the violation or permit it to continue, and
the remedies herein provided for penalties and civil action to enjoin
or abate a violation shall be cumulative.
[Adopted 2-11-1992 by L.L. No. 2-1992]
This article shall be known as the "Solid Waste
Management Local Law."
The Village of Pittsford, New York, finds that:
A.Â
Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed resource facilities.
B.Â
The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require that solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
This article is adopted pursuant to Chapter
541 of the Laws of 1976, as amended,[1] and Chapter 552 of the Laws of 1980 of the State of New
York, as amended,[2] in order to:
A.Â
Institute a plan for the management of recyclable
materials generated or originated in the Village of Pittsford, New
York, to promote the safety, health and well-being of persons and
property within said Village; and
B.Â
Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
[1]
Editor's Note: See General Municipal Law § 120-w.
[2]
Editor's Note: See Environmental Conservation
Law § 27-0101 et seq.; General Municipal Law §§ 120-w,
120-aa and 401(a); Public Authorities Law § 1287, Subdivisions
1 and 2; County Law § 226-b; Town Law § 221; Local
Finance Law § 11.00, Subdivision a6; and Public Service
Law § 141, Subdivision 4(e).
As used in this article, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed by the municipality or under contract
with the county to collect and transport recyclable materials generated
or originated within the county.
A permitted facility or facilities for processing recyclable
materials specified in the rules and regulations promulgated pursuant
to the County of Monroe Solid Waste Reuse and Recycling Local Law
of 1991 and any amendments thereto. This term shall exclude incinerating
facilities, waste-to-energy facilities and landfills.
A county-provided blue box container with a county logo for
recyclable materials or any other durable container for recyclable
materials readily identifiable by the hauler as a container for recycling
materials.
The County of Monroe.
The County Executive of Monroe County.
Any solid waste management - resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage, processing, or disposal of solid waste or the recovery by
any means of any material or energy product or resource therefrom,
including recycling centers, transfer stations, processing systems,
resource recovery facilities, sanitary landfills, plants and facilities
for composting or landspreading of solid wastes, secure land burial
facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal,
reduction or conversion facilities.
Any hazardous waste as defined under the Recourse Conservation
and Recovery Act, 42 U.S.C. § 6901 et seq., or hazardous
substance as defined under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. 9601 et seq., or hazardous
waste as defined under New York Environmental Conservation Law § 27-0901
et seq., as each such law may be amended from time to time, and the
regulations promulgated thereunder, and any analogous or succeeding
federal, state or local law, rule or regulation and any regulations
promulgated thereunder and any other material which any governmental
agency or unit having appropriate jurisdiction shall determine from
time to time cannot be processed at the facility because it is harmful,
toxic or dangerous.
Any material, substance, by-product, compound or any other
item generated or originated within the county and separated from
solid waste at the point of generation for separate collection, sale,
external reuse or reprocessing and/or disposition other than by disposal
in landfills, sewage treatment plants or incinerators. "Other recoverable
materials" do not include recyclable materials as defined herein.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, Village,
improvement district, governmental entity or other legal entity.
Include but are not limited to the following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWood-pulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
CORRUGATEDWood-pulp-based material which is usually smooth on both sides with a corrugated center. Commonly used for boxes. Excludes material with wax coating.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
GLASS BOTTLESNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from wood pulp and used for newspapers. This term excludes magazines.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terephthalate (PET) commonly used for soda, milk and other containers.
WOOD WASTEIncludes logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
Any method, technique or process utilized to separate, process,
modify, convert, treat or otherwise prepare solid waste so that its
component materials or substances may be beneficially used or reused
as raw materials.
All putrescible and nonputrescible solid wastes generated
or originated within the county, including but not limited to materials
or substances discarded or rejected, whether as being spent, useless,
worthless or in excess to the owners at the time of such discard or
rejection or for any other reason, or which are being accumulated,
stored or physically, chemically or biologically treated prior to
being discarded, have served their intended use or are a manufacturing
by-product, including but not limited to garbage, refuse and other
discarded solid materials, including solid waste materials, resulting
from industrial, commercial and agricultural operations and from community
activities, sludge from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
material, incinerator residue, demolition and construction debris
and offal, but not including sewage and other highly diluted water-carried
materials or substances and those in gaseous form, or hazardous waste
as defined in this article.
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
Includes source separation, recycling programs, changes to
the packaging portion of the waste stream to reduce solid waste generated,
the activities and enterprises of scrap dealers, processors and consumers
and other programs designed to reduce the volume of solid waste or
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, such reduction programs shall not include the processing
of waste for incineration or disposal by other means.
A.Â
Solid waste generated or originated within the Village
of Pittsford which has been left for collection or which is delivered
by the generator of such waste to a solid waste management facility
shall be disposed of as follows:
(1)Â
Prior to initial collection or transport, such solid
waste shall be source-separated into recyclable, reusable or other
components for which economic markets exist as provided in the rules
and regulations promulgated hereunder.
(2)Â
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection. The Village Board of Trustees may order such exceptions
as it determines are in the public interest.
(3)Â
All recyclable materials generated or originated within
the Village of Pittsford must be delivered to an authorized recycling
facility or handled through a waste stream reduction program.
(4)Â
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated
within the Village of Pittsford except as permitted by law.
B.Â
Disposal of solid waste which is barred from all authorized
facilities by rules, regulations or orders promulgated pursuant to
the County of Monroe Solid Waste Reuse and Recycling Local Law of
1991 and any amendments thereto, or by any other law, regulation or
ordinance shall not otherwise be regulated by this article.
C.Â
No hazardous waste may be delivered to an authorized
recycling facility.
A.Â
Only persons who are acting under authority of the
county or an authorized hauler shall collect, pick up, remove or cause
to be collected, picked up or removed any solid waste recyclable materials
so placed for collection; each such unauthorized collection, pickup
or removal shall constitute a separate violation of this law; provided,
however, that where the county or any authorized hauler has refused
to collect certain recyclable materials because they have not been
separated, placed or treated in accord with the provisions of this
article, the person responsible for initially placing those materials
for collection may and shall remove those materials from any curb,
sidewalk or street side.
B.Â
Nothing herein shall prevent any person from making
arrangements for the private collection, sale or donation of recyclable
materials; provided, however, that recyclable materials to be privately
collected, sold or donated shall not be placed curbside on or immediately
preceding the day for collection of such recyclable materials. Any
and all recyclable materials placed in a county-supplied container
at curbside or at any designated collection place shall immediately
become the property of the county.
[Amended 11-20-2007by L.L. No. 6-2007]
A.Â
Licensing of haulers.
(1)Â
All persons or companies engaged in the business of
receiving or collecting garbage/rubbish or recyclable materials, except
for construction and demolition waste, must apply for and be issued
annually a license by the Village of Pittsford Board of Trustees.
Refuse haulers shall submit an application for an annual license by
March 31 of each year. Licenses shall be issued by the Board of Trustees
at the yearly organizational meeting. New license applications submitted
at other times during the year will be considered by the Board of
Trustees within 30 days of the date of application.
(2)Â
Authorized haulers shall comply with all provisions
of the Monroe County Solid Waste Management Law regarding the collection
of recyclable materials.
(3)Â
Applications for an authorized hauler license may
be denied if the applicant or licensee has been adjudged or administratively
determined to have committed one or more violations of this article
during the preceding calendar year, or if the applicant is determined
to be unfit or undesirable to provide the service of refuse collection.
(4)Â
All authorized haulers shall, in writing, defend,
indemnify and hold harmless the Village of Pittsford for any pending,
threatened or actual claims, liability or expenses arising from waste
disposal by the authorized hauler in violation of this article.
(5)Â
No license issued under the provisions of this article
shall be transferable. Changes in ownership of an authorized hauler
shall be reported to the Village Clerk within five days. Said changes
must be approved by the Village of Pittsford Board of Trustees.
(6)Â
Authorized haulers shall submit proof(s) of insurance
in an amount determined to be sufficient by the Village of Pittsford
Board of Trustees. Insurance shall include, but not be limited to,
general liability, automobile liability, workers compensation, and
disability. All insurance certificates shall name the Village of Pittsford
as an additional insured.
(7)Â
The fee for a license shall be determined by the Village
of Pittsford Board of Trustees by resolution, and may be adjusted
from time to time.
(8)Â
Any conditions of refuse collection contained in this
chapter, both residential and commercial, shall be also conditions
of the authorized hauler license.
B.Â
Conditions of refuse collection.
(1)Â
The Village of Pittsford Board of Trustees shall,
by resolution, regulate the day(s) of the week on which residential
refuse collection may take place within the Village. In addition,
the Board of Trustees may designate areas within the Village and impose
collection regulations within said areas. Authorized haulers shall
be notified of any such regulations upon issuance of a license, and
shall be notified by mail of any changes to the regulations that may
be made from time to time.
(2)Â
There shall be no residential collection of refuse
between the hours of 6:00 p.m. and 6:00 a.m.
(3)Â
There shall be no residential collection of refuse
on Sundays or holidays.
(4)Â
All authorized haulers must offer an optional residential
low-volume rate, and must make available to their customers special
bags or stickers which may be purchased in advance.
(5)Â
The level of service provided to residential customers
by an authorized hauler for yard waste, bulky refuse, appliances,
or other waste shall be determined annually by the Village of Pittsford
Board of Trustees, with input from the authorized haulers, by resolution.
(6)Â
The regulations for the collection of residential
yard waste by the Village shall be issued by the Superintendent of
Public Works, and may be amended from time to time.
A.Â
When the Public Works Foreman or his designee determines that a failure to comply with this article may have occurred, he shall recommend to the Village Board of Trustees that he be authorized to carry out the notice and hearing provisions set forth in Subsections B and C of this section. Notice and an opportunity to be heard shall be provided prior to the suspension or revocation of a solid waste license or contract or the issuance of a reprimand, fine or penalty.
B.Â
The designated public official shall notify the affected
generator, contractor or licensee of the alleged failure, in writing.
C.Â
Hearing.
(1)Â
Hearings shall be held before the Town of Pittsford
Justice within a reasonable period, which shall be at least 10 days
after service of notice.
(2)Â
The generator, contractor or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3)Â
Within 20 days after the close of the hearing, said
Town Justice shall:
(a)Â
Determine whether the alleged failure to comply
with this article has occurred; and
(b)Â
If said Town Justice determines that such a
failure has occurred, decide whether the generator, contractor or
licensee shall be subject to fine or penalty or an existing solid
waste license or contract or authorized hauler status shall be suspended
or revoked or its holder subjected to a reprimand and issue an order
carrying out this decision.
A.Â
Inspections and appearance tickets.
(1)Â
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers
placed outside of residences, shall be subject to inspection to ascertain
compliance with this article, the Monroe County Solid Waste Management
Local Law and the rules, regulations or orders promulgated pursuant
to the County Law, by any police officer, peace officer, code enforcement
officer and any other public official designated by the county or
Village of Pittsford.
(2)Â
Police officers, peace officers, code enforcement
officers and the specified public servants are hereby authorized and
directed to issue appearance tickets for violations of this article.
B.Â
Penalties.
(1)Â
Civil sanctions. The Village of Pittsford may commence
a civil action to enjoin or otherwise remedy any failure to comply
with this article.
(2)Â
Criminal penalties. In addition to the civil sanctions
provided herein, failure to comply with this article or the rules
and regulations promulgated hereunder shall be a violation as defined
in § 55.10 of the Penal Law, and penalties may be imposed
thereunder.
(3)Â
Any penalties or damages recovered or imposed under
this article are in addition to any other remedies available at law
or equity.
(4)Â
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to June 1, 1992, in order to permit
persons regulated hereunder to come into compliance with this article.
The provisions of this article shall be effective
on the same date as the Monroe County Solid Waste Management Local
Law becomes effective.
