Village of Penn Yan, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 56.
[Adopted 7-20-1981 by L.L. No. 9-1981 (Ch. 28 of the 1969 Code)]
Whenever used in this article, the following terms shall have the meanings given herein:
GARBAGE
Animal and vegetable waste resulting from the handling, preparation, cooking, service and nonconsumption of food and/or any organic waste.
REFUSE
Includes paper, rags, glass, metal, machines, large appliances, vehicles or vehicle parts, trash and other discarded articles of similar nature.
RUBBISH
Nonputrescible wastes (excluding ashes) consisting of either or both combustible wastes, such as paper, cardboard, rags, furniture, plastic, yard clippings, tree branches, leaves and wood, and noncombustible wastes, such as tin cans and glass.
No animal or vegetable substance, garbage or house refuse, nor any materials which are offensive or tend to decay or become putrid or to render the atmosphere impure or unwholesome shall be thrown, placed or permitted to remain in or upon any street, stream, yard, lawn, garden, ash heap or other place within the Village, and the person placing the same or the owner, lessee or occupant of any premises shall forthwith remove such substance therefrom.
A. 
No person shall permit or have any vegetable or animal substance, water or other liquid on his premises or grounds which shall give off an offensive odor or be prejudicial to life or health.
B. 
No person shall burn, boil, heat, dry, keep or store any offal, swill, blood, rags or decaying animal or vegetable matter within the Village limits without the written permission of the Health Officer.
[Amended 9-6-1993 by L.L. No. 4-1993]
Every owner of a dwelling unit shall be responsible for the extermination of any insects, rodents or other pests in said unit.
[Amended 9-6-1993 by L.L. No. 4-1993]
The owner of any dwelling unit, building, premises or place of business in the Village where garbage is accumulated or exists shall provide or cause to be provided suitable rigid plastic or metal, leakproof and efficient pails or receptacles with tight covers for receiving and holding without leakage all garbage that may accumulate from said unit, premises, business or that portion thereof of which such person may be the owner. Such pail or receptacle shall be kept securely closed at all times and placed and kept in such a position as the Health Officer may direct.
All hotels, restaurants and public eating houses shall hereafter place their garbage in covered metal containers and, between the first day of April and the first day of October in each year, shall cause the same to be removed from their premises at least three times a week and, during the balance of the year, at least twice a week.
[Amended 9-6-1993 by L.L. No. 4-1993]
No person shall dump, store or collect any trash, refuse, rubbish or garbage upon any property, public or private, including his own, in the Village of Penn Yan. No person shall permit the dumping or storing on property owned or leased or controlled by him in the Village of Penn Yan of any trash or rubbish, except in a tightly closed metal or plastic container, and he shall provide for its removal at least once per week, year around.
It shall be unlawful for any person, firm or corporation to deposit in any Village trash container any household trash or garbage.
Upon the death of any animal within the Village, except when the same is properly and lawfully killed for food, the owner or person having control thereof shall immediately dispose of the carcass in a manner to avoid an unsanitary condition.
The violation of any of the provisions of this article shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day any such violation shall continue shall constitute a separate violation punishable as such.
This Article is intended to supplement but not to supersede the New York State Public Health Law and the New York State Sanitary Code. If any of the sections of this article shall be inconsistent with the provisions of the New York State Public Health Law or Sanitary Code, the provisions of the New York State Public Health Law or Sanitary Code shall prevail.
[Adopted 1-22-1990 by L.L. No. 1-1990 (Ch. 19 of the 1969 Code)]
The intent of this article is to regulate, control or prohibit the scattering of light materials in the Village of Penn Yan and the dumping, storing or placing of certain kinds of solid or liquid waste material originating from inside or outside the boundaries of the Village of Penn Yan or creating a dump or dumping ground of such materials within the Village.
As used in this article, the following terms shall have the meanings indicated:
DUMP
A place used for the disposal and leaving of solid or liquid waste by the public or by any person.
HOUSEHOLD FURNISHINGS AND/OR ACCOUTREMENTS
Any furniture, shelving, cabinets, enclosures, demolition material, fixtures (toilets, tubs, sinks, etc.), or accessories used in a residence or secondary structure upon residential property.
[Added 1-19-2016 by L.L. No. 1-2016]
LIGHT MATERIALS
Earth, dirt, sand, gravel, clay, loam, stone, building rubbish, sawdust, shavings or other light material of any sort or manufacturing, trade or household waste, refuse, rubbish of any sort, manure, garbage or other organic refuse or other offensive matter therefrom.
PERSON
Includes any individual, firm, partnership, corporation, municipality or association of individuals.
SOLID OR LIQUID WASTE
All putrescible and nonputrescible solid wastes, including garbage, human sewage, rubbish, ashes, incinerator residue, street and building demolition and construction debris, excluding masonry and stone debris, metals, abandoned vehicles, offal, commercial and industrial wastes and hazardous and toxic wastes as defined by the Department of Environmental Conservation and the Environmental Protection Agency.
[Amended 9-6-1993 by L.L. No. 4-1993]
A. 
The following are prohibited:
(1) 
The dumping, storing or placing of any kind of solid or liquid waste material within the Village of Penn Yan which is picked up, brought or transported from inside or outside the Village of Penn Yan.
(2) 
The creation and/or operation of sanitary landfills, dumps or dumping grounds within the Village of Penn Yan for solid or liquid waste coming from inside or outside the boundaries of the Village of Penn Yan.
B. 
Light materials which are picked up, brought or transported from inside or outside of the Village of Penn Yan shall not be scattered, dropped or spilled or permitted to be scattered, dropped or spilled from any vehicle or part thereof or receptacle or otherwise upon any street or public place within the Village of Penn Yan.
C. 
There shall be no prohibition against the normal garbage and refuse collection and disposal currently sanctioned by the Village or that generated in the ordinary course of business and stored for a reasonable time on the business property before disposal, provided that the same is not in violation of any other law or regulation.
D. 
Masonry and stone may be used for fill by permit from the Code Enforcement Officer.
[Added 9-6-1993 by L.L. No. 4-1993]
[Added 1-19-2016 by L.L. No. 1-2016]
It is prohibited for any person to deposit household furnishings and/or accoutrements in or on the curb area of any street or within the publicly controlled area adjacent to any street within the Village of Penn Yan. Such activity shall be subject to the provisions of § 170-14.2 and §170-15 hereof.
[Added 1-19-2016 by L.L. No. 1-2016]
In the event of a violation of § 170-14.1, the owner of the property contiguous to the site of the deposit of household furnishes and/or accoutrements shall be served, either personally or by mail, with a written "notice to remove." In the event that a) the person upon whom the notice is served fails, neglects or refuses to remove or cause to be removed such household furnishings and/or accoutrements within five days after receipt of such notice, or b) no person can be found in the Village of Penn Yan who either is or claims to be the owner of such lot or land; or c) no person can be found who either represents or claims to represent such owner, the Director of Public Works or his agent may cause such household furnishings and/or accoutrements to be removed, and the actual cost of such removal, plus a ten-percent administrative fee in connection therewith, shall be billed to the property owner. In the event such sum is not paid by the following April 1, that sum shall be added to and become a part of the taxes next to be assessed and levied upon the subject lot or land, upon certification by the Department of Public Works Director and confirmation by the Board of Trustees. Such sum shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes, pursuant to Village Law § 4-414.
[Amended 11-8-2005 by L.L. No. 6-2005]
A. 
Any violation of the provisions of this chapter or any order issued pursuant to the provisions of this chapter shall constitute a violation punishable by a tine not to exceed $250, by incarceration for not more than 15 days, or by both such fine and incarceration. In the event that any violation is ongoing or continuous, each period of 24 hours thereof shall constitute a separate and distinct offense and may be prosecuted as such.
B. 
In addition to the foregoing remedies, an action or proceeding in the name of the Village of Penn Yan may be commenced in any court of competent jurisdiction to compel compliance with or restrain violations of this chapter or orders issued in compliance with this chapter.