[Adopted 5-19-1994 by L.L. No. 6-1994]
It is hereby declared that the dumping of solid waste upon public and
privately owned properties within the Village is a matter affecting the public
interest and welfare. Deposits of solid waste, including the storage and maintenance
of the same, constitutes a nuisance, an unsightly condition and a source of
vexation and annoyance not only to the owners and occupants of adjoining lands,
but also to the residents of the entire Village. The preservation of peace
and good order, the safeguarding of health, safety and general welfare and
the protection of private property and public property compel the Board of
Trustees to legislate upon this critical matter of concern.
The following terms shall have the meanings indicated:
Any person, firm, partnership, association, corporation or organization
of any kind.
Any vacant parcel or parcel improved with a dwelling, house, building
or other structure used, either wholly or in part, for private residential
purposes, whether inhabited or vacant.
Any public and/or private streets, roads or other ways within the
Village and any and all public parks, spaces, grounds and buildings.
Materials or substances discharged or rejected as being spent, useless,
worthless or unwanted by the owner at the time of such discard or rejection.
Such wastes shall include but are not limited to garbage, sludge, rubbish,
ashes, incinerator residue, street cleanings, dead animals, offal, abandoned
vehicles, tires, agricultural waste, industrial waste, commercial waste and
construction and demolition debris as well as newspaper, trees, brush, leaves,
lawn clippings and other items resulting from the cleanup of private property.
Every vehicle in, upon or which any person or property is or may
be transported or drawn upon a street or highway.
A.
Public places. No person shall throw, deposit, distribute,
store, maintain or cause or permit to be thrown, deposited, stored, distributed
or maintained any type of solid waste in or upon any public place within the
Village.
B.
Private property. No person shall throw, distribute or
deposit, store, maintain or cause or permit to be stored, deposited, thrown,
distributed, placed or maintained outdoors any type of solid waste upon any
private property within the Village, except that the owner or person in control
of private property may maintain authorized private receptacles for collection
in such a manner that solid waste will be prevented from being carried or
deposited by the elements upon any street or other public place or upon any
private property. Such authorized private receptacles may be maintained so
long as no noxious odors shall emanate therefrom, the health, safety and welfare
of the Village is not threatened, and no public or private nuisance is created
therefrom.
[Amended 9-20-2000 by L.L. No. 8-2000]
C.
Harbors, wetlands, beaches. No person shall throw, deposit
or cause or permit to be thrown or deposited any type of solid waste in any
bay, harbor, wetland, beach, pond, lake, stream, channel or marsh or any other
body of water within the jurisdictional limits of the Village.
[Amended 9-20-2000 by L.L. No. 8-2000]
D.
Solid waste thrown from vehicles. No person, while a
driver or passenger in a vehicle, shall throw, distribute or deposit or cause
or permit to be thrown, or distributed or deposited any solid waste upon any
public place or private property within the Village.
E.
Solid waste from truck loads. No person shall operate
any truck or other vehicle within the Village unless the vehicle is so constructed
and loaded as to prevent any load or contents from being blown or deposited
upon any public place or private property.
F.
Sweeping litter into gutter, street or drainage devices
prohibited. No person shall sweep or blow into or deposit in any gutter, catch
basin, drainage control device, street or other public place within the Village
any accumulation of solid waste.
[Amended 9-20-2000 by L.L. No. 8-2000]
G.
Solid waste deposits in nature conservancy property and
open spaces maintained by the Village. No person shall throw, distribute or
deposit or cause or permit to be thrown, distributed or deposited any type
of solid waste in any park, in any nature conservancy property or open space
owned by the Village except in public receptacles. Where public receptacles
are not provided, all litter shall be carried away by the person responsible
for its presence and properly disposed of elsewhere in a lawful manner.
H.
Private property and reusable construction and demolition
solid waste. Any construction or demolition materials that would be considered
solid waste as defined in this article, but that the owner or person in control
of private property where such construction or demolition materials are generated
wishes to reuse or recycle, shall be placed within a bulk storage container
and removed when the construction or demolition is completed, or upon order
of the Building Inspector.
[Added 9-20-2000 by L.L. No. 8-2000]
[Added 9-20-2000 by L.L. No. 8-2000]
A.
An owner or person in control of private property may
maintain up to two bulk storage containers on that property to receive solid
waste.
B.
A bulk storage container shall be adequate for the purpose
intended and used only for solid waste generated from the property.
C.
Solid waste deposited in any bulk storage container shall
be completely contained therein, be prevented from being carried or deposited
by the elements upon any street, public place, or upon any other portion of
the owner's private property, and shall be vermin proof.
D.
A bulk storage container shall be removed from the owner's
private property and emptied within three days of being filled.
E.
The Village shall have the authority to impose appropriate
terms and conditions upon the location, size and usage of any bulk storage
containers located upon private property, in order to protect the health,
safety and welfare of the Village and prevent a public nuisance from being
created.
F.
The care, maintenance and emptying of any bulk storage
container located on private property shall be the responsibility of the owner
of that property. The Village shall have the authority to direct the owner
to have a bulk storage container cleaned, sanitized, repaired, replaced or
emptied as necessary in order to protect the health, safety and welfare of
the Village.
A.
Whenever it shall appear that the provisions of this
Article are violated, the Building Inspector, any member of the Village police
force or such other person or agency authorized by the Board of Trustees to
have jurisdiction thereof shall make an inspection of the property and shall
prepare a written report of the conditions found, which report shall be filed
with the Clerk of the Village.
B.
Notice of violation.
(1)
If conditions existing on any private property violate
the provisions of this Article, the Village shall serve or cause to be served
a written notice, either personally or by certified mail, upon the owner and
any other person in control of said private property.
(2)
Said notice shall contain substantially the following:
(a)
The name of the owner or person in control of the property.
(b)
The address or location of the property.
(c)
The identification of the property as the same appears
on the current assessment roll of the Village.
(d)
A statement of the condition of the property as found
on the inspection.
(e)
Demand that the solid waste be removed from the premises
on or before seven days after the service or mailing of such notice.
[Amended 9-20-2000 by L.L. No. 8-2000]
(f)
A statement that a failure or refusal to comply with
the provisions of this Article and the notice given pursuant thereto within
the time specified will result in a duly authorized officer, agent or employee
of the Village entering upon the property and removing such solid waste and
causing the same to be disposed of or otherwise destroyed.
(g)
A notice that the cost and expense of such removal and
disposal shall be certified to the Assessor of the Village and shall be assessed
against the described property and shall constitute a lien thereon to be collected
as provided by law.
C.
Nothing contained herein shall require notice as a prerequisite
to the issuance of a summons for a violation of any of the provisions of this
Article.
[Amended 9-20-2000 by L.L. No. 8-2000]
Seven days after the service or mailing of the notice required by § 136-17, the Building Inspector, police officer or other authorized agent of the Village shall inspect the premises. If there is no compliance with the notice, such officer of the Village shall remove or cause to be removed and dispose of the solid waste and shall certify the cost of said removal and/or disposal to the Assessor, and the cost shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
A.
Civil penalties. Civil penalties shall be as follows:
(1)
For the first offense, up to $1,500 or twice the cost
to the Village of removing and disposing of the offending materials, whichever
is greater.
(2)
For a second offense, up to $2,500 or twice the cost
to the Village of removing and/or disposing of the offending materials, whichever
is greater.
(3)
For a third offense, up to $3,500 or twice the cost to
the Village of removing and/or disposing of the offending materials, whichever
is greater.
B.
Criminal penalties. Any person or persons, association,
firm or corporation violating any of the provisions of this Article, as the
same may be from time to time amended, shall be guilty of a violation under
the Penal Law of the State of New York and shall be punishable by a fine of
up to $500 or by imprisonment for a period not exceeding 15 days for each
offense, or by both fine and imprisonment, and shall be subject to the additional
civil penalties set forth above.
C.
Continuing offenses. For purposes of assessing civil
and criminal penalties, each day that said violation continues shall constitute
a separate offense hereunder.
