[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-7-2000 by L.L. No. 4-2000 (Ch. 40 of the 1971
Code)]
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The separation and collection of recyclable materials serves the general public's interest in our Village by reducing the amount of solid waste and will otherwise comply with the Onondaga County Source Separation Law (Local Law No. 12 of 1989) and other applicable provisions of law. In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste to energy (See New York Environmental Conservation Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste-to-energy were unavailable. Section B-35 of the State Solid Waste Management Plan — 1997-1998 Update, recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage the solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The county plan, applicable to municipalities within the county, preferred waste-to-energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned county plan. Public Authorities Law § 2045-e, Subdivisions 7 and 8, allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste. In compliance with both the state and county solid waste management plans, the Village of Baldwinsville has determined that all solid waste, both residential and commercial, generated in our Village and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Village Board in § 275-2 hereof. The basis of that determination is attached hereto as Exhibit A and incorporated by reference.[1] This article will also establish and refine regulations
requiring the licensing of municipal haulers and governing hauler
services for the collection and disposal of solid waste materials.
This article shall not regulate or otherwise restrict any disposal
of solid waste generated within the Village that is to be disposed
of out-of-state or any handling of recyclable materials separated
from the rest of the solid waste in accordance with Onondaga County's
Source Separation Law or regulate the price, route or service of any
motor carrier with respect to the transportation of property prohibited
by the Federal Aviation Administration Authorization Act of 1994,
as amended (49 U.S.C.A. § 14501 et seq.).
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
As used in this article, the following terms shall have the
meanings indicated:
The Onondaga County Resource Recovery Agency.
Any facility operated by or designated by the Agency. Agency
facilities include the Agency transfer stations at Ley Creek and Rock
Cut Road, Rock Cut Road Waste-to-Energy Facility, Agency landfill
(when built), Agency yard waste composting facilities at Jamesville
and Amboy, construction and demolition processing facility at Ley
Creek and Agency-designated materials recovery facilities.
The Onondaga County waste-to-energy facility on Rock Cut
Road in the Town of Onondaga.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse material resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
The County of Onondaga.
Those recyclables designated by the County of Onondaga and
the Onondaga County Resource Recovery Agency pursuant to Local Law
No. 12 of 1989, including the following:
CORRUGATED PAPERCardboard containers, boxes and packaging, including pizza boxes, which are cleaned of contamination by food wastes, or polystyrene commonly called "styrofoam," and which have been flattened for transport.
GLASSEmpty, washed glass jars, bottles and containers of clear, green and amber (brown) that contained food and drink, caps removed. This term excludes ceramic, window glass, auto glass, mirror and kitchenware.
METALAll ferrous and nonferrous metals, including steel, aluminum and composite cans and containers (cleaned of food wastes) and empty aerosol cans that did not contain hazardous material. Scrap metal, wire, pipes, tubing, motors, sheet metal, etc. are recyclable but must be recycled through scrap dealers.
NEWSPAPERS, MAGAZINES AND CATALOGUESIncludes common machine-finished paper made chiefly from wood pulp used for printing newspapers, as well as glossy inserts, magazines and catalogues. All must be free of contaminants.
OFFICE PAPERAll bond paper and also computer printout, stationery, photocopy and ledger paper of any color from all waste generators. Paper should, if possible, be free of tape, adhesives, labels, rubber bands, paper clips, binders and other contaminants. This term excludes carbon paper, chemical transfer paper and tyvek or plastic coated envelopes.
PLASTICSAll HDPE and PET-type plastic bottles (No. 1 and No. 2), including empty, washed food, beverage, detergent, bleach and hair-care containers with lids removed. This term excludes all photographic film, vinyl, rigid and foam plastic materials, as well as plastics numbered 3 through 7 and HDPE oil bottles, as well as No. 1 and No. 2 containers that are not bottles or contained hazardous material.
KRAFT PAPERAs found in brown paper bags and package wrapping.
BEVERAGE CARTONSIncludes gabled-topped paper cartons that contained milk and juice products.
PAPERBOARDPaper packaging as found in cereal, cracker and tissue boxes, etc., and toilet tissue and paper towel tubes.
MIXED PAPERIncludes discarded and bulk mail, computer paper, colored paper, greeting cards, wrapping paper and carbonless multipart forms; excludes any paper coated with foil or plastic.
That street curb immediately in front of the property from
which solid waste material and recyclables to be collected are generated
or, in the absence of an actual curb, that portion of the property
which is immediately adjacent to the street.
The use of collection receptacles for residential, commercial
and institutional solid waste generators and the regular periodic
pickup and transfer of the contents of such receptacles by a hauler
at the location of a waste generator.
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within our Village.
Any waste (excluding household hazardous waste) which is defined
or regulated as a hazardous waste, toxic substance, hazardous chemical
substance or mixture or asbestos (regulated waste) under federal,
state or local law, or under rules, regulations, policies or guidelines
issued in relation thereof, as they may be amended from time to time,
including, but not limited to:
The Resource Conservation and Recovery Act of 1976 (42 U.S.C.
§ 6901 et seq., as amended by the hazardous and solid waste
amendments of 1984) and the regulations contained in 40 CFR Parts
260 through 281.
The Toxic Substances Control Act (15 U.S.C. § 2601
et seq.) and the regulations contained in 40 CFR Parts 761 through
766.
The State Environmental Conservation Law (Title 9 of Article
27) and the regulations contained in 6 NYCRR Parts 370, 371, 372,
373 (Subpart 373-3).
Radioactive materials which are source, special nuclear or by-product
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. § 2011
et seq.) and the regulations contained in 10 CFR Part 40; or
Any other material that by federal, state or local law, or under
rules, regulations, policies, guidelines or orders having the force
of law in relation thereto, are regulated as harmful, toxic or hazardous
to health and ineligible for processing at the Agency facility.
All other large and/or bulky articles actually used in the
home and which equip it for living, such as chairs, sofas, tables,
beds or carpets.
A large and/or bulky household mechanism, such as a refrigerator,
washer, dryer, stove, furnace or hot water tank.
A private or public facility for receiving and processing
recyclables into marketable commodities.
Any solid waste which is generated in the diagnosis, treatment
or immunization of human beings or animals, in research pertaining
thereto or in the production or testing of biologicals.
The license issued by the Village to a hauler as a prerequisite
to performing solid waste collection services within the Village's
municipal limits.
A natural person, association, partnership, firm, corporation,
limited-liability company, trust, estate or governmental unit and
any other entity whatsoever.
Those recyclable materials, including county-designated recyclable
materials, which can be practically separated from nonrecyclable waste
for which reuse markets can be accessed for less than the cost of
disposal.
The blue bin or other container supplied by the Agency, county,
the Village or their designees for the use by eligible households
within the Village. Such containers shall be used exclusively for
the storage of county-designated recyclable materials. Such containers
shall at all times remain the property of the Agency.
The Onondaga County Source Separation Law, Local Law No.
12, adopted March 6, 1989, as subsequently amended.
Those medical wastes that have been listed in 6 NYCRR 364.9,
Paragraph (c)(1), and that must be managed in accordance with the
requirements of that part.
All materials or substances discarded or rejected as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection, including, but not limited to, garbage,
refuse, residential, governmental, commercial and/or light industrial
refuse, but shall not include recyclables, yard and garden waste,
human wastes, rendering wastes, demolition wastes, residue from incinerators
or other destructive systems for processing waste (other than now-existing
individual building incinerators, the residue from which is presently
collected as part of normal refuse collection practices), junked automobiles,
pathological, medical, toxic, explosive, radioactive material or other
waste material which, under existing or future federal, state or local
laws, requires special handling in its collection or disposal.
Onondaga County's Solid Waste Management System as operated
by the Onondaga County Resource Recovery Agency and every aspect thereof,
including, but not limited to, the Rock Cut Road waste-to-energy facility,
Agency landfill (when built), yard waste composting facilities at
Jamesville and Amboy, construction and demolition processing facility
at Ley Creek and the Rock Cut Road and Ley Creek transfer stations.
The Village of Baldwinsville.
The Board of Trustees of the Village of Baldwinsville.
The Clerk of the Village of Baldwinsville.
Any person which produces solid waste requiring off-site
disposal.
Garden waste, leaves, grass clippings, weeds and brush.
A.Â
It shall be a precondition of doing business as a hauler in the Village
that the person/firm intending to conduct such business obtain a municipal
hauler license and a Village sticker.
B.Â
An application on a form approved and provided by the Village must
be submitted to the Village Codes Enforcement Office in which the
person satisfactorily shall be bound by the following provisions:
(1)Â
The hauler will deliver all of the nonrecyclable solid waste (residential and commercial) it collects within the Village and which is destined for disposal in the State of New York to the approved disposal site specified in § 275-2 above. It shall be unlawful to unload or deposit any solid waste hauled from any premises within the limits of the Village and destined for disposal in the State of New York at any place other than the approved disposal site specified by the Village in § 275-2 above. Any hauler failing to dispose of said solid waste at the approved disposal site so designated shall be subject to having its license revoked.
(2)Â
The hauler will supply a plan of operation for collection and transportation
and which provides for a recycling plan as required by Onondaga County
Local Law No. 12 of 1989 as it applies to haulers, which it shall
adhere to and comply with. The hauler shall agree to provide for the
collection of county-designated recyclables in every waste hauler
disposal agreement, written or oral, as part of its standard service
and to include the cost of such collection in its standard waste collection
rates.
A.Â
The hauler shall attach a municipal sticker, which must be visibly
and securely affixed to the driver's side vent window or upper
part of the driver's side of the windshield of each of the hauler
vehicles in operation.
Municipal hauler licenses issued pursuant to this article shall
be effective for an annual term from March 1 through February 28/29
(one calendar year).
The Village shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the Village shall enact legislation establishing a new system for collection of solid waste in the Village that is inconsistent with the continuation of said license. The Village shall revoke a municipal hauler license upon the happening of any or a combination of the following: failure of the hauler to comply with any provision of § 275-3 or 275-4 of this article. Prior to any such revocation, the hauler shall be notified by the Village of an opportunity for a hearing in the matter, which hearing shall be held not less than five days after the hauler is notified, in writing, by the Village of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the Village. The hearing shall be informal and held before the Village Mayor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Village Mayor or his/her designee shall be final.
The Village hereby adopts as its source separation legislation,
required pursuant to the General Municipal Law, § 120-aa,
the Onondaga County Source Separation Law (i.e., Local Law No. 12
of 1989) as adopted by the Onondaga County Legislature and subsequently
amended under its terms.
A.Â
No hauler shall dispose of county-designated recyclable materials
picked up in our Village as solid waste nor shall any hauler accept
county-designated recyclable materials for disposal as solid waste.
B.Â
Recycling containers shall at all times remain the property of the
Agency or Village, as the case may be, and are provided for the use
and convenience of eligible households in complying with this article.
No hauler shall:
(1)Â
Remove a recycling container from the Village;
(2)Â
Willfully destroy a recycling container;
(3)Â
Dispose of a recycling container other than by returning such container
to the Village at a designated location; or
(4)Â
Use a recycling container for other than the temporary storage of
county-designated recyclable materials.
The Village Board may, by resolution, designate and impose such
other fees as it deems reasonable and appropriate in relation to the
collection and disposal of any solid waste. After any such fees are
imposed, the manner of implementation and collection shall be by regulation
of the Village Board or its designee not inconsistent with the terms
of the resolution imposing such fees. The Village Board may, by resolution,
also from time to time, establish fees to defray expenses in connection
with the fee for the municipal hauler license and administration of
this article. Fees shall be paid by the applicant at the time of application.
Haulers shall not collect solid waste in the Village on Sundays,
Thanksgiving or Christmas.
A.Â
In consideration of the Village issuing a municipal hauler license
to an applicant, the applicant shall agree, upon the issuance of such
license to the applicant, that the applicant shall indemnify, hold
harmless and defend the Village and its officers and employees from
and against any and all claims, demands, losses, damages, costs, payments,
actions, recoveries, judgments and expenses of every kind, nature
and description, including, without limitation, all engineers'
and attorneys' fees, fines, penalties and cleanup costs resulting
from any such claim, etc., arising out of or connected in any way
with the applicant's acting as a hauler or the applicant's
involvement or, participation in the collection, distribution or transportation
of solid waste.
B.Â
The hauler, as a condition of obtaining a municipal hauler license,
shall provide and maintain the following insurance coverages at limits
to be set from time to time by resolution of the Village of Baldwinsville
Village Board:
C.Â
The public liability policy aforementioned shall name the Village
of Baldwinsville as an additional insured.
D.Â
Each policy of insurance shall be endorsed to contain the following
language:
|
"The Village will be given 30 days prior written notification
of any cancellation, nonrenewal or modification of this policy which
reduces coverage or limits at the following address: Village Clerk,
16 West Genesee Street, Baldwinsville, NY 13027."
|
E.Â
Prior to the issuance of any municipal hauler license, the hauler
must provide to the Village proof of insurance coverage in a form
to be determined from time to time by resolution of the Village Board.
Haulers shall not operate earlier than 6:00 a.m., nor later
than 6:00 p.m.
Where certain solid waste, recyclables and/or other waste materials
were not collected because those materials were not placed or prepared
by the waste generator in accordance with the provisions of this article,
the person who placed such materials for collection and the owner
of the property adjoining the curb where such waste materials were
placed shall remove those wastes from the location as soon as possible
after the hauler has refused collection and, in any event, by 6:00
p.m. on the designated collection day.
The collection, removal and carrying of solid waste, recyclables
and/or material, and the transportation of solid waste, paper and
recyclables on any highway, street, alley or lane of the Village must
be done in covered vehicles. No hauler shall throw or scatter or cause
to be scattered or deposited or to escape from the vehicle any solid
waste or recyclables on the streets or public places.
Yard and garden waste may not be accepted for disposal at any
Agency facility but may be accepted for recycling at a yard waste
composting facility of the hauler's choice within the county
or taken elsewhere.
Except as specifically permitted in this article, no hauler
shall deposit or cause to be deposited or stored for more than one
day upon any property any solid waste and/or recyclables, and dumping
thereof is hereby prohibited. No leachate or other obnoxious or contaminating
substance shall be allowed to drain from any hauler vehicle on the
public streets.
No hauler shall suffer or permit solid waste to accumulate or
remain upon private premises, including extended storage in hauler
vehicles owned or operated by that hauler, so that the same shall
emit odors or become offensive or dangerous to the public health or
to any person or property.
No hauler shall bury or burn any solid waste and/or recyclables
or cause to be buried or burned any solid waste and/or recyclables,
papers, trash, hazardous waste and/or materials within the limits
of the Village, unless authorized to do so, in writing, by the Village
Board.
This article shall also apply to all special events held in
the Village. The sponsor of said events shall be responsible for sorting
all solid waste materials into appropriate containers or bags and
making all arrangements for pickup and disposal of all solid waste
materials. The hauler may charge a fee to be determined by the Village
Board for such pickups and disposal.
B.Â
In addition to the above-provided penalties and revocations, or in
lieu thereof, the Village Board may also institute and maintain an
action or proceeding in the name of the Village in a court of competent
jurisdiction to compel compliance with or to restrain by temporary
restraining order, preliminary and/or permanent injunction any violation
of this article.
C.Â
This article may be enforced by the Village Code Enforcement Officer,
Village Police Department, Village Fire Inspector, Superintendent
of Highways, Onondaga County Sheriff's Department, New York State
Police, Department of Environmental Conservation Officers and all
local law enforcement agencies.
The failure of a hauler to comply with the provisions of this
article shall be considered a violation subject to the following specified
fines for each offense pursuant to § 80.05, Subdivision
4, of the Penal Law as well as for corporate officers, directors and
officials, except for corporations in their corporate capacity, which
shall be fined pursuant to § 80.10 of the Penal Law. Each
day's violation shall be considered a new and separate offense
subject to a separate penalty as fixed below. Any fines collected
under this article shall inure to the Village and shall be deposited
in the Village general fund to use as it deems appropriate.
|
Section
|
Violation
|
Fine
| |
|---|---|---|---|
|
§ 275-3
|
Failure to obtain a municipal hauler license
|
$250
| |
|
§ 275-3
|
Failure to deliver all solid waste collected within the Village
and destined for disposal within New York State to the Village-approved
disposal site
|
$250 plus revocation
| |
|
§ 275-4A
|
Failure to attach a municipal sticker to the hauler vehicle
|
$250
| |
|
§ 275-4B
|
Duplicating or imitating the municipal sticker or engaging in
the selling of the municipal sticker
|
Revocation
| |
|
§ 275-7A
|
Accepting and/or disposing of county-designated recyclable materials
as solid waste
|
$200
| |
|
§ 275-7B
|
Removing, destroying or disposing of a recycling container or
using same for other than storage of a county-designated recyclable
|
$150
| |
|
§ 275-9
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving or Christmas
|
$50
| |
|
§ 275-10D
|
Failure to notify the Village, 30 days' prior written notice,
of any cancellation, nonrenewal or modification of required insurance
policy
|
$50
| |
|
§ 275-11
|
Failure to comply with the designated hours of operation
|
$200
| |
|
§ 275-12
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
| |
|
§ 275-13
|
Throwing, scattering or allowing deposit of any solid waste
and/or county-designated recyclables or other waste upon the streets
|
$100
| |
|
§ 275-13
|
Engaging in the collection of solid waste and/or county-designated
recyclables in a noncovered vehicle
|
$100
| |
|
§ 275-15
|
Dumping or depositing any solid waste and/or recyclables material
upon any property; draining leachate from hauler vehicle
|
$100
| |
|
§ 275-16
|
Allowing solid waste or other waste material and recyclables
to accumulate upon any property so that it becomes obnoxious, unsightly
or offensive
|
$250
| |
|
§ 275-17
|
Any hauler engaging in the burial or private burning of solid
waste and/or recyclables, papers, trash, hazardous waste and/or materials
within the limits of the Village
|
$250
|
[Adopted 8-1-2002 by L.L. No. 3-2002 (Ch. 29 of the 1971
Code)]
The Village Board of Trustees does hereby find and determine
the collection, removal and disposal of residential solid waste is
of serious concern to the inhabitants of the Village of Baldwinsville
and that the methods of collection, removal and disposal thereof in
a manner consistent with state and county requirements has resulted
in ever increasing costs. It is the purpose of this article to provide
a more economical and just method for the collection, removal and
disposal of residential solid waste within the Village of Baldwinsville
and to safeguard the public health, safety, and general welfare of
its residents.
Notwithstanding any general, special or local law to the contrary, including but not limited to Chapter 275, Article I, entitled "Collection, Removal and Disposal" of the Code of the Village of Baldwinsville, the Village does hereby enact this article to provide for the collection, removal and disposal of solid waste from residential real properties by the Village either directly or by contract, or both. If any provisions of Article I are in conflict with this article, then this article shall apply.
A.Â
"Agency," "construction and demolition debris," "curb," "hazardous waste," "large household furnishings," "major appliances," "medical waste," "person," "recyclables," "recycling container," "Village," "Village Board," and "yard and garden waste" shall have the same respective meanings as defined in Article I.
B.Â
COMMENCEMENT DATE
FEE(S)
RESIDENTIAL
RESIDENTIAL UNIT CHARGE
SOLID WASTE
WASTE GENERATOR
As used in this article the following definitions shall respectively
mean:
The date, set by resolution of the Village Board, for the
Village to collect, remove and dispose of residential solid waste
in the Village.
Charges assessed to residential real property for the collection,
removal and disposal of residential solid waste and the administration
thereof, including late payment charges, interest and penalties.
Real property parcel(s) in the Village containing no more
than five dwelling, including apartment, units regardless of whether
occupied or not.
The fee charged per calendar quarter to each person who owns
residential real property to cover the cost of collection, removal,
disposal and administration of solid waste; each apartment dwelling
on a residential real property parcel shall be one residential unit.
All residential materials or substances generated within
the Village, discarded or rejected as being spent, useless, worthless
or in excess to the owners at the time of such discard or rejection,
including recyclables and yard and garden waste, but not including
business, governmental, commercial and/or light industrial refuse,
human wastes, rendering wastes, demolition wastes, residue from incinerators
or other destructive systems for processing waste, construction and
demolition debris, large household furnishings, major appliances,
junked automobiles, pathological, medical, toxic, explosive, radioactive
material, hazardous waste or other waste material which, under existing
or future federal, state or local laws, requires special handling
in its collection, removal and disposal.
Any person that generates solid waste in the Village, and/or
the owner of residential real property regardless of where they live.
A.Â
Ownership of all solid waste shall, after the commencement date,
vest irrevocably in the Village or its duly authorized agent the moment
the solid waste is, in accordance with this article, placed or located
at the curb, street line or immediately adjacent to the roadway or
within any easement or right-of-way owned by the Village, County of
Onondaga or State of New York which parallels any street, road or
highway. All such residential solid waste material is declared public
property.
B.Â
Solid waste placed by a waste generator for pickup by the Village
or its contractor shall remain the responsibility and ownership of
the waste generator and residential property owner, both jointly and
severally, if the Village or its contractor has refused, or is unable
because of a violation of this article to accept, said item(s). Such
person(s) shall remove such items from the curb and/or public right-of-way
until such violations are rectified.
C.Â
It shall be unlawful for any person, without authority of the Village,
to collect, pickup, remove or cause to be removed or in any manner
interfere with or disturb any solid waste or portions thereof on any
residential real property once it is placed at the curb after the
commencement date.
A.Â
On and after the commencement date of service, all residential solid
waste collection, removal, disposal and administration within the
Village shall be paid for by the residential real property owner by
the imposition of a fee based upon the residential unit charge.
B.Â
The Village herein establishes and requires payment of the fee(s),
which shall be paid by all residential real property owners, regardless
of whether any such residential real property owner, or resident thereof,
uses said service.
C.Â
The Village Board shall determine by resolution from time to time,
but at least annually during its budget adoption process, the fee(s)
and residential unit charge which shall be set pursuant to a separate
line item budget within the Village's general budget.
D.Â
The fee(s) and residential unit charge may be amended by resolution
by the Village Board from time to time as the need arises to reflect
the known or reasonably projected costs of the service and any increases
or decreases in the costs of the service.
E.Â
The fee(s) for the residential unit charge shall be billed to the
property owner on a quarterly basis, in advance of service.
F.Â
Any unpaid fee(s) and residential unit charges shall be a lien against
the real property served and shall be enforced and collected in the
manner and at the same time as Village real property taxes and/or
by whatever legal or equitable means are available.
A.Â
Set-out requirements. Waste generators shall place recyclables at
the curb or at the street edge within the street right-of-way in the
recycling containers provided by the Agency. Solid waste, excluding
recyclables and yard and garden waste shall be placed in tote cans/containers
or in loose clean bags neatly placed at the curb, with weight not
to exceed 75 pounds each.
B.Â
Set-out time. All receptacles or bags may be put out for pickup no
more than 12 hours prior to pickup and containers must be removed
no later than 12 hours after pickup on the day set for pickup each
week as shall be determined by the Village Board by resolution from
time to time.
C.Â
No person or entity who is not acting under the authority of the
waste generator or the Village or its contractor shall pick up, remove
or cause to be picked up, collected or removed, any item of solid
waste or recyclable vested to the Village and placed at the curb for
collection. Each such unauthorized collection, pickup or removal shall
constitute a separate violation of this article.
A.Â
Schedule. Collection, removal and disposal of yard and garden waste
shall be performed by the Village Department of Public Works, or its
duly authorized agent, pursuant to a schedule as may be established
and amended from time to time.
B.Â
Set-out requirements.
(1)Â
Yard and garden waste, other than leaves, shall not be placed outside
the curbline or on the paved portion of any street right-of-way.
(2)Â
Yard and garden waste materials shall be so placed so they do not
interfere with vehicular or pedestrian traffic on sidewalks.
(3)Â
Brush or leaf piles shall not be larger than 10 feet long, three
feet wide and three feet high. Brush shall not exceed three feet in
length and five inches in diameter.
(4)Â
Grass clippings must be containerized in an appropriate covered metal
or plastic receptacle clearly marked "grass clippings." The weight
of said containers shall not exceed 75 pounds.
(5)Â
Yard and garden waste comprised of hay, straw, garden vines, brush
and the like shall be placed in separate piles from leaves.
(6)Â
All yard and garden waste shall be free from excessive dirt quantities
or other foreign objects.
C.Â
Prohibited items. The following items are excluded and prohibited
from being set out with yard and garden waste for pickup: glass, plastics,
plastic bags, metals, building materials, tires, concrete, stones,
rocks, gravel, sod, dirt, furniture, bedding, hot water heaters, appliances,
stumps, construction and demolition debris, hazardous waste, large
household furnishings, major appliances, medical waste, material generated
by paid tree contractors from residential property.
D.Â
Rejected materials. Yard and garden waste materials not conforming
to the requirements of this article shall be rejected for pickup.
Upon receipt of notice of yard and garden waste rejection, the waste
generator shall remove said rejected items within 24 hours from the
curb and shall separate, sort, or bring the material into conformance
with requirements of this article before it is placed again at the
curbline for the next scheduled pickup day.
A.Â
It shall be unlawful for any person who is not a resident of the
Village to bring any solid waste, construction and demolition debris,
hazardous waste, large household furnishings, major appliances or
medical waste of any kind into the Village for the purpose of disposing
of the same within the Village or for the purpose of placing the same
at the curb of any street in the Village or otherwise offering the
same for collection, removal and disposal by the Village.
B.Â
It shall be unlawful for any resident of the Village to permit or
allow any nonresident of the Village to bring any solid waste, construction
and demolition debris, hazardous waste, large household furnishings,
major appliances or medical waste of any kind into the Village for
the purpose of disposing of the same within the Village or for the
purpose of placing the same at the curb of any street in the Village
or otherwise offering the same for collection, removal and disposal
by the Village.
A.Â
Violations. Any violation of this article shall be deemed to be a
violation pursuant to the New York State Criminal Procedure Law, and
each day a violation continues shall be deemed a separate violation.
B.Â
Enforcement. The provisions of this article may be enforced by the
Village Code Enforcement Officer and all persons authorized pursuant
to the New York State Criminal Procedure Law to issue appearance tickets.
C.Â
Penalties. Any violation of this article shall be punishable by a
fine not to exceed $250 or imprisonment for up to 15 days, or both
such fine and imprisonment.
