[HISTORY: Adopted by the Board of Trustees of the Village of Caledonia:
Art. I, 10-4-1988 as L.L. No. 2-1988 (Ch.
67, Art. I, of the 1981 Code); Art. II, 9-1-1992 as L.L.
No. 2-1992 (Ch. 67, Art. II, of the 1981 Code). Amendments noted
where applicable.]
[Adopted 10-4-1988 as L.L. No. 2-1988
(Ch. 67, Art. I, of the 1981 Code)]
The purpose of this Article shall be to protect and promote the health,
safety and welfare of the people of the Village of Caledonia by controlling
the storage, collection and disposal of garbage and refuse within the Village
of Caledonia.
As used in this Article, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
The residue of the combustion of any type of solid fuel such as wood,
coal, coke, charcoal or like substances.
All waste or animal, fish, fowl, fruit or vegetable matter produced
from or resulting from the use and storage of food for human consumption within
the village limits and papers, rags, excelsior, straw, leather, rubber, boxes,
sweepings from buildings, tinware metal, metallic substances, earthenware
and others of similar nature.[1]
All discarded, relatively dry, miscellaneous refuse material, including
wood, tree trimmings, shrubbery trimmings, leaves and grass and other discarded
articles of similar nature, including furniture and appliances.
A.Â
Depositing on streets prohibited. No person shall throw
or scatter or cause to be thrown or scattered or deposited any ashes, refuse,
trash, garbage, metal cans or containers, wastepaper, sawdust, hay, grass,
straw, weeds, litter or empty beer or pop bottles or bottles of any kind,
boxes, barrels or cartons or any combustible flammable waste or rubbish of
any kind upon the streets, alleys, thoroughfares or public places in the Village
of Caledonia, New York.
B.Â
Accumulation on private property restricted. No person
shall place or permit to remain in any courtyard, vacant lot, open space or
alley or within any building any accumulation of ashes, refuse, trash, furniture,
appliances, garbage, metal cans or containers, wastepaper, sawdust, hay, grass,
straw, weeds, litter or empty beer or pop bottles or bottles of any kind,
boxes, barrels or cartons or any combustible flammable waste or rubbish of
any kind; but it shall not be deemed a violation of this Article to accumulate
rubbish placed in suitable containers or suitably bundled and tied for a reasonable
time to permit the collection thereof. No person shall suffer or permit garbage,
refuse, trash, ashes, furniture or appliances to collect or remain upon the
premises owned or occupied by him so that the same shall become offensive
or dangerous to the public health, or to any person or property.[1]
Use of incinerators or garbage disposal devices is permitted. Nothing
contained in this Article shall be construed to prohibit any person or householder
in the disposing of garbage and refuse in the home by means of household incinerators
or other garbage disposal devices, provided that the same produce no smoke
or odors nor become nor are nuisances or hazards.[1]
Every owner, lessee, tenant or occupant of any building, premises or
place of business in the Village of Caledonia where garbage, refuse, trash
or ashes are made or accumulated shall provide or cause to be provided, and
at all times hereafter keep within such building or upon the premises or place
of business, suitable and sufficient metal pails or receptacles, with tight
covers, for receiving and holding, without leakage, all garbage, refuse, trash
and ashes that may accumulate from said building, place of business or upon
said premises or any portion thereof of which said person may be the owner,
tenant, lessee or occupant. Said receptacles shall not be of greater capacity
than 20 gallons and not exceeding 50 pounds for households and three twenty-gallon
cans or six plastic bags of garbage in places of businesses and shall not
be used for any purpose other than as receptacles for garbage, refuse, trash
and ashes and shall be kept tightly covered and in a sanitary condition at
all times. Also, rubbish may be tied in bundles so as to be easily handled
by one man or securely sacked.
All garbage, refuse, trash and ashes must be placed in receptacles or
containers as herein specified, except articles and materials too bulky to
be so removed. Materials which are too bulky to be placed in containers shall
be tied in bundles not exceeding five feet in length; cardboard boxes, wooden
crates or collapsible material shall be knocked down and securely tied in
flat bundles, none to exceed a size which may be conveniently carried by one
man.
[Amended 4-3-1989 by L.L. No. 3-1989]
Garbage cans and other receptacles containing garbage, refuse, trash,
ashes, furniture, appliances and bundles of refuse to be disposed of shall
be placed at the curb ready for collection by 6:30 a.m. on the scheduled day
of collection. In no event shall said garbage, refuse, furniture or appliances
be placed ready for collection more than 24 hours prior to said collection.
Also, no containers, etc., can be left out more than 24 hours on collection
day. No garbage or mixed refuse shall be burned in an open fire or in a metal
basket, can or drum in any part of the village.
Any person violating any of the provisions of this Article shall be
guilty of a violation and shall be punishable by a fine not less than $25
and not exceeding $250 or 15 days' imprisonment, or both, for each twenty-four-hour
period of violation.
[Adopted 9-1-1992 as L.L. No. 2-1992
(Ch. 67, Art. II, of the 1981 Code)]
A.Â
The Village of Caledonia finds that the removal of certain
materials from the solid waste stream will decrease the amount of solid waste
disposed of in landfills and aid in the conservation of valuable resources.
B.Â
The Village of Caledonia finds that the New York Solid
Waste Management Act of 1988 requires all municipalities to adopt a local
law or ordinance by September 1, 1992, requiring separation of recyclable
and reusable material from solid waste.
C.Â
The Village of Caledonia finds that in order to protect
the health, safety and welfare of the people of the Village of Caledonia,
it is necessary for the Village of Caledonia to enact this Article in order
to encourage and facilitate the maximum recycling practicable on the part
of every household, business and institution within the Village of Caledonia.
D.Â
The Village of Caledonia declares that the purpose of
this Article is to establish and implement recycling-related practices and
procedures to be applicable to all waste generators within the Village of
Caledonia.
As used in this Article, the following terms shall have the following
meanings:
Any business, governmental agency, municipality or other nonresidential
generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A private or publicly operated facility to which recyclables can
be delivered.
A private or public facility for receiving source-separated recyclable
materials and processing them into marketable commodities.
Any material designated as such by the county, provided that such
material is not hazardous and can be reasonably separated from the solid waste
stream and held for material recycling or reuse value.
County rules and regulations adopted by the county pertaining to
the separation, collection, transportation and disposal of recyclables, as
may be amended from time to time by the county.
Any person or household which produces solid waste requiring off-site
disposal.
All putrescible and nonputrescible solid waste, including but not
limited to materials or substances discarded or rejected as being spent, useless,
worthless or in excess to owners at the time of such discard or rejection
or which are being accumulated, stored or physically, chemically or biologically
treated prior to being discarded or rejected, having served their intended
use, or as industrial, commercial and agricultural waste, sludges 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, special
nuclear or by-product material within the meaning of the Atomic Energy Act
of 1954, as amended, or waste which appears on the list or satisfies the characteristics
of hazardous waste promulgated by the Commissioner of the Department of Environmental
Conservation.
The segregation of recyclables from the solid waste stream at the
point of generation for separate collection, sale or other disposition.
This Local Law No. 2 of 1992.
Caledonia, New York.
A commercial waste generator or a residential waste generator.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated or
brought within the county.
A.Â
Each commercial and residential waste generator in the
Village of Caledonia shall source-separate recyclables from solid waste.
B.Â
Each waste generator in the Village of Caledonia shall
provide for the removal of recyclables from the property on which they are
generated either through a service provided by the municipality, a private
hauler or by direct haul by the individual waste generator to a disposal location
permitted by law.
C.Â
Nothing in this Article is intended to prevent any waste
generator from making arrangements for the reuse, private collection, sale
or donation of recyclables.
D.Â
Each waste generator shall provide for the source separation
of recyclables in conformance with the recycling rules and regulations.
All waste haulers doing business in the village shall offer or cause
to be offered to their customers collection, transportation and disposal services
for recyclables as any such waste hauler offers collection, transportation
and disposal services for solid waste. Unless otherwise provided in the recycling
rules and regulations, such services shall be provided on the same day(s)
as solid waste pickup, transportation or disposal services are provided.
A.Â
All waste haulers shall offer a per-bag fee system to
promote reduction of solid waste.
B.Â
Waste haulers are required to take recyclables to a materials
recovery facility where such materials are recycled.
C.Â
Waste haulers are required to follow the requirements
of the recycling rules and regulations.
This chapter shall be primarily administered by the Village of Caledonia.
The county shall be primarily responsible for the development and implementation
of the recycling rules and regulations.
