Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 87.
Industrial hazardous waste — See Ch. 123.
[Adopted 10-3-1979]

§ 185-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Includes waste food, dead animal matter, vegetable matter or any other matter which shall be capable of fermentation or decay or which shall give off a noxious or disagreeable or dangerous odor or gas. The word "garbage," as defined and applied in this article, shall not include customary agricultural or gardening waste or matter.
REFUSE
Includes waste metal, metal cans, glass, tires, rubbish, construction and demolition debris and other discarded substances of a solid or incombustible nature, other than garbage.
RESIDENT
A person having his domicile within the limits of the Town of Clarence, Erie County, New York.

§ 185-2 Restrictions.

A. 
No person, firm or corporation shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Town of Clarence except in a place or places and in a manner approved by the Town Board of Clarence.
B. 
No person not a resident of the Town of Clarence shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Town of Clarence. The use of a place or places approved by the Town Board for the disposal of refuse or garbage shall be for the exclusive use of the residents of the Town of Clarence.
C. 
No person, firm or corporation shall throw, dump, empty or deposit or permit to be thrown, dumped, emptied or deposited any refuse or garbage in any place in the Town of Clarence which shall come from or be brought directly from outside the Town of Clarence.
D. 
No person, firm or corporation shall dispose of any hazardous or toxic or potentially hazardous or toxic chemicals in any place or places in the Town of Clarence.

§ 185-3 Penalties for offenses.

Any violation of any provision of this article shall be deemed an offense and, upon conviction thereof, shall be punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for a term not exceeding fifteen (15) days, or both such fine and imprisonment. Each day a violation continues uncorrected shall be considered a separate offense. In addition to such fine and/or imprisonment, the violator, upon conviction, may be required to correct the condition or conditions constituting the violation, including reimbursement to the Town of Clarence for any costs incurred by the Town in the cleanup, pickup or disposal of such refuse or garbage.
[Adopted 3-25-1992]

§ 185-4 Title.

This article shall be known as the "Mandatory Recycling Ordinance" of the Town of Clarence.

§ 185-5 Purpose; effective date.

The Town Board of the Town of Clarence finds that the reduction of the amount of solid waste and the conservation of recyclable materials are important public concerns and will aid in protecting the environment. The separation and collection of recyclable materials and other materials from residential, commercial, institutional establishments and rental complexes in the Town will reduce the total amount of solid waste presently generated in the Town, will reduce the need for landfills and will conserve the capacity of existing landfills. This article establishes mandatory recycling in the Town of Clarence and will be effective June 1, 1992.

§ 185-6 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BULKIES/WHITE GOODS
Large items such as sofas, upholstered chairs, mattresses and box springs, all major appliances such as refrigerators, stoves, dishwashers, washers, dryers, etc.
COMMERCIAL OPERATIONS
Include but are not limited to retail and wholesale establishments, offices, garages, gas stations, manufacturing, industrial and repair establishments, banks, motels, restaurants and other similar and related facilities.
INSTITUTIONS
Include but are not limited to schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.
MUNICIPAL SOLID WASTE (MSW)
All putrescible and nonputrescible materials that have been discarded or rejected, including but not limited to garbage, refuse and rubbish. Not included are hazardous wastes as defined by the New York State Department of Environmental Conservation.
OWNER
The titled owner of the real estate in question, whether the title is in the name of one (1) or more persons, a corporation and/or a partnership.
PRIVATE COLLECTOR
A person, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Town of Clarence, they shall be required to obtain a license from the Town and shall be subject to the rules and regulations of the Town.
PRIVATE SUBSCRIPTION
The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the resident's choice.
RECYCLABLE MATERIALS
Those clean, noncontaminated materials designated by the Town Board as requiring source separation. They include but are not limited to newspapers, corrugated cardboard, clear glass bottles and jars, metal food and beverage cans and plastic containers designated "1" and "2" (HDPE & PET). The above materials are to be modified by the Town Engineer and approved by the Town Board, as the need arises.
RECYCLING
Any process by which materials which would otherwise become solid waste are collected, separated and/or processed, treated, reclaimed, used or reused.
RENTAL COMPLEXES
Include facilities where persons live within the Town (i.e. apartments, trailer courts and condominiums) which are not included within the definition of resident.
RESIDENT
Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels.
SOURCE-SEPARATE
To separate recyclable materials from the MSW stream at the point of waste generation.
YARD WASTE
Organic yard and garden waste, leaves, grass clippings and brush.

§ 185-7 Source separation required; disposal of recyclable materials.

Source separation shall be required of each and every person or party discarding recyclable material. Private collectors collecting residential MSW generated within the Town shall refuse to collect MSW from any person or party who has clearly failed to source-separate recyclable materials and/or has not properly prepared the recyclable materials to the specifications of the private collector. The private collector shall provide a full explanation to the person or party for the refusal of collection. The private collector shall be responsible for educational literature informing the persons or parties of the limits and requirements of their recycling program. Subsequent to providing the initial containers, collection containers shall be left to the discretion of the private collectors.

§ 185-8 Disposal instructions.

A. 
The collection of MSW and recyclable materials within the Town of Clarence shall be handled by private subscription.
B. 
Each resident (household) shall place recyclable materials in the recycling containers provided. The initial recycling container or containers shall be furnished to the resident by the private collector at the private collector's expense.
C. 
Each private collector must pick up recyclables, keep them separate from MSW and move them into available recycling markets.
D. 
Recyclable materials shall be picked up on the same day as the MSW following the guidelines established by the private collector and approved by the Town Engineer.
E. 
White goods/bulkies shall be picked up by the private collector on request of the resident.
F. 
Yard waste shall be picked up by the private collector. Leaves and grass are to be in containers and brush is to be bundled in lengths no longer than four (4) feet and able to be handled by one (1) person.
G. 
The private collector's recycling program is subject to review by the Town of Clarence. The review is to include but not be limited to physical inspection of collection vehicles and the private collector's recycling facilities. The private collector shall submit to the Town of Clarence quarterly statements including but not limited to tonnage of recyclable material collected, tonnage of recyclables marketed, all by types of recyclable material, and markets to which recyclable materials are shipped.
H. 
Construction and demolition debris generated by a resident may be disposed of by the resident with his MSW subject to the resident's agreement with the private collector.
I. 
All commercial operations, institutions and rental complexes located within the Town of Clarence that dispose of MSW shall separate recyclable materials from the MSW before collection of the waste by a private collector. All private collectors shall move these recyclable materials to recycling markets and the private collector's recycling program is subject to review by the Town of Clarence Engineer.
J. 
Private collectors operating within the Town of Clarence must comply with the conditions of this article.

§ 185-9 Unlawful activities.

A. 
It shall be unlawful for any person, other than those persons so authorized, to pick up or collect any recyclable materials which have been placed at the roadside for collection or within a recycling collection area.
B. 
No person shall throw or deposit or cause to be thrown or deposited any MSW, rubbish, bulk refuse, yard waste or brush in or upon any traveled portion of a public highway, street or place or on any property not owned or occupied by him within the Town of Clarence.
C. 
It shall be unlawful for any person or persons to dispose of any type of liquid or solid waste within the Town of Clarence other than in a manner approved by the Town Board and/or the State of New York.
D. 
No person shall accumulate or permit the accumulation of MSW on any premises owned or occupied by him within the Town of Clarence, except for the purpose of collection which shall normally occur at intervals not less frequently than once every seven days, except for vacations, Sundays, holidays or extraordinary weather conditions.

§ 185-10 Licensing of MSW collectors; insurance; regulations.

A. 
No person shall engage in the business of receiving, collecting or transporting MSW, bulk refuse, recyclable materials, yard waste, brush or other refuse within the Town of Clarence without first obtaining a license to carry on such business from the Town of Clarence and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any person from transporting for the purpose of disposal such MSW, bulk refuse, yard waste, brush or other refuse as is normally generated by such person on his own premises or in his own business. A separate license shall be obtained for each truck or vehicle used by the private collector as herein defined.
B. 
Applications for licensing shall be upon forms provided by the Town.
C. 
A license issued pursuant to this article shall be for a period of one year or less, subject, however, to the revocation thereof as provided herein. An annual fee set by the Town Board shall be charged.
D. 
The Town Clerk is hereby authorized to issue temporary permits to any licensed private collector to use such additional trucks as are necessary for a period not to exceed 30 days for a fee as determined by the Town Board.
E. 
All collectors to be licensed must have a public liability insurance policy for personal injuries in the amount of $1,000,000 per person and shall file with the Town Clerk a certificate of insurance for that amount prior to the issuance of a license to the collector. Such insurance shall be conditioned that said licensee will comply with the laws, codes, ordinances, rules and regulations of the State of New York, County of Erie and Town of Clarence and all lawfully issued orders of the Town Board and that the Town of Clarence will be indemnified and held harmless from any and all claims for damages or liabilities caused by or arising out of any act or omission of the licensee, his agents or employees, or by his failure to comply with applicable laws, codes, ordinances, rules, regulations or orders. Said insurance shall be in such form and contain such sureties as shall be approved by the Town Attorney.
F. 
Every license issued by the Town Clerk pursuant to this article shall be subject to the following conditions:
(1) 
Vehicles used by licensed private collectors in the collection and transportation of MSW in the Town of Clarence shall be neat and clean and in good repair.
G. 
All trucks must have a minimum liability insurance policy for personal injuries in the amount of $100,000 per person and $300,000 per accident and $50,000 coverage for property damage. Insurance certificates are to be supplied to the Town by the private collector.
H. 
Contractors' construction and demolition debris and trees cut down by professional tree surgeons shall be removed by such contractors or tree surgeons.
I. 
The Town Board may refuse a license to any person who, in its judgment, shall be an undesirable person or incapable of properly conducting the operations of a private collector.
J. 
No owner, collector or employee shall be under the influence of alcohol or other drugs or use insolent or improper language during pickup or when receiving complaints over the telephone.
K. 
Private collectors are not responsible for MSW, yard waste or bulkies/white goods that originate at any residence or establishment other than that of the resident.
L. 
Private collectors that are licensed in the Town of Clarence to collect MSW shall not begin collection of MSW in the Town of Clarence prior to the hour of 6:00 a.m. nor allow said collections beyond 8:00 p.m.
[Added 12-2-2009 by L.L. No. 4-2009[1]]
[1]
Editor's Note: This local law also stated that it would apply to all private collectors of MSW that have a license that has been filed in the office of the Town Clerk. Additionally, former Subsection L, pertaining to the revocation of licenses, was redesignated as Subsection M with the inclusion of this local law.
M. 
Violation of any of the foregoing regulations or any other provision of this article shall be cause for revocation of the license of any private collector holding a license hereunder. The Town Board shall have power to revoke any such license for cause shown after a hearing on 10 days' written notice to the license holder, specifying the nature of the violation, the complaint of said violation being in writing, signed by the complainant.

§ 185-11 Penalties for offenses.

A violation of this article shall constitute an offense punishable by a fine not exceeding $500. Each separate offense shall constitute a separate additional violation.

§ 185-12 Other enforcement procedures.

A. 
A Code Enforcement Officer or a designee of the Town Board may order the owner or occupant of any premises upon which MSW, rubbish or bulk refuse shall have accumulated in violation of this article to remove such MSW, rubbish or bulk refuse from such premises within seven (7) days after receipt of such an order.
B. 
The Code Enforcement Officer or designee of the Town Board shall report to the Town Board the failure of the owner of such premises to remove such MSW or bulk refuses as so ordered. The Town Board may thereupon order the Town Attorney to request the owner to appear before the Town Board to show cause why the MSW or bulk refuse has not been removed from his premises or, in the event that the owner does not appear before the Town Board or if the Town Board deems that an appearance before it would be useless, may thereupon refer the matter to the Town Attorney for enforcement and prosecution.
C. 
If the owner does not remove the MSW or bulk refuse from his or her premises and does not show good cause to the Town Board for not removing the MSW or bulk refuse, thereby necessitating legal action by the Town Attorney to obtain, in addition to the prosecution for violations of the Town laws or any laws of the County of Erie and State of New York pertaining thereto, an order of the Supreme Court of the State of New York ordering the owner to remove the MSW or bulk refuse within ten (10) days of the date said order is served on the owner, thereafter the Town may enter upon the premises of the owner and remove the MSW and/or bulk refuse from the premises, for which the owner shall be obligated to pay any and all costs for the removal plus the costs necessary to obtain the order, including all reasonable and necessary legal fees and expenses. The costs shall be obtainable with the order of removal in the form of a judgment against the owner and recordable in the Erie County Clerk's office.
D. 
Disputes between the resident and private collector regarding source separation or the preparation of recyclable materials shall be referred to a Town of Clarence Code Enforcement Officer.