Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
[Adopted 6-15-2016 by L.L. No. 1-2016]
The purpose of this article is to promote the proper disposal of garbage, refuse, and rubbish to provide a healthy, clean environment and to prevent the infestation of undesirable rodents and pests.
A. 
As used in this article, the following terms shall have the meanings indicated:
DWELLING
Any building or structure that contain one or more dwelling unit(s), rooming units, or bed-and-breakfast units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EXTERMINATION
The control or elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by application of pesticide(s), trapping or by another recognized legal pest elimination method approved by the local or state authority having such administrative authority.
GARBAGE
The animal and vegetable waste resulting from the handling, preparation, cooking, serving and consumption of food.
NUISANCE (PUBLIC NUISANCE, PUBLIC HEALTH NUISANCE)
Whatever is or could potentially become dangerous to human life or detrimental to health.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
Any individual living or sleeping in a building, or having possession of a space within a building; except that in dwelling units a guest will not be considered an occupant.
OPERATOR
Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER
Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
An individual, heirs, executors, administrators or assigns, and also includes firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
PREMISES
A lot, plot or parcel of land, an easement or public way, including any structure thereon.
PUBLIC WAY
A street, alley or other parcel of land open to the outside air leading to a street, that has been deeded, dedicated or otherwise permanently appropriated to the public for public use and which has a clear width and height of not less than 10 feet.
RODENT HARBORAGE
Any place where rodents can live, nest, hide or seek shelter.
RAT-PROOFING
A form of construction which will prevent the ingress or egress of rats to or from a given space or building, or gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk opening and other places that may be reached and entered by rat climbing, burrowing or other methods, by the use of materials impervious to rat gnawing or by other methods approved by the Town of Orchard Park Building Inspector.
REFUSE
All putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.
REFUSE CONTAINERS
A watertight container that is constructed of metal or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions, or such other containers approved by the Town of Orchard Park Building Inspector. Openings into the container such as covers and doors shall be tight fitting.
RUBBISH
Combustible and noncombustible waste materials, except garbage; the term shall include the residue from burning wood, coal, coke and other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber, mineral matter; glass, crockery, and dust and other similar materials; this term shall also include discarded, abandoned or stored refrigerators.
STRUCTURE
That which is built or constructed or a portion thereof.
B. 
Meaning of certain words. Whenever the words "dwelling," "dwelling unit," "bed-and-breakfast," "premises," "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the feminine the masculine.
Every occupant of a structure, building, bed-and-breakfast, dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner.
Every occupant of a structure, building, bed-and-breakfast, dwelling or dwelling unit shall dispose of and store all his garbage or any other organic waste which might provide food for insects, rodents or any other pest, in a clean, sanitary safe manner. Garbage shall not be allowed to accumulate. Rodent-proof, insect-proof, watertight refuse containers shall be used for storage pending collection. The lid of the refuse container shall be on the container at all times, including when at curb pending collection.
Every owner of a premises, structure, building, rooming house, bed-and-breakfast, or dwelling shall supply adequate facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage, unless otherwise agreed to in writing by the lessee. Such containers shall be in proper working condition, undamaged and rodent-proof. The maintenance and upkeep of the container shall be the owners and/or occupants responsibility.
Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises. Notwithstanding the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwelling in a rat-proof or reasonable insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in the rooming house, bed-and-breakfast, or two or more dwelling units in any dwelling, or in the shared or public parts of any rooming house, bed-and-breakfast or dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
A. 
Every owner and/or occupant of a premises, structure, building, bed-and-breakfast, dwelling or dwelling unit shall store and dispose of accumulated rubbish, boxes, lumber, scrap metal, or any other materials in such a manner as to prevent rodent harborage in or about any premises, structure, building, bed-and-breakfast, rooming house, rooming unit, dwelling or dwelling unit. Materials shall be stacked neatly in piles elevated to a level high enough to permit effective cleaning.
B. 
All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved process which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
C. 
Every owner or occupant or a dwelling or dwelling unit shall not store, place, or allow to accumulate any material that may serve as food or harborage for rodents in a site accessible to rodents.
D. 
No person shall feed in the open any domestic or wild fowl, birds or animals other than in a suitable container and in such a manner so as to prevent scattering of food upon the ground or ground level which can or will provide food for rodents, insects, vermin or other pests. If an area is deemed infested with rodents, insects, vermin or other pests by the Town of Orchard Park Building Inspector, all bird feeding shall be ceased until the area is no longer deemed infested with rodents, insects, vermin or other pests.
E. 
If an area is deemed infested with rodents, insects, vermin or other pests by the Town of Orchard Park Building Inspector, all such premises and immediate exterior property shall be maintained free from weeds or plant growth in excess of 10 inches, so as to prevent rodent harborage. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers or gardens.
All complaints regarding what is dangerous to human life or detrimental to health shall be received and investigated. The Town of Orchard Park Building Inspector or his/her designee may enter upon or within any place or premises where nuisances or conditions dangerous to life and health or which are the cause of nuisances existing elsewhere are known or believed to exist.
A. 
All totes and recyclable containers shall be transferred to the curbline or pavement line in front of the premises by the producer of solid waste.
B. 
No garbage, nonrecyclable refuse and rubbish or recyclable rubbish shall be set out for collection before 3:00 p.m. on the day preceding collection, nor subsequent to 6:00 a.m. on the day of collection.
C. 
Totes and recyclable containers shall be removed from the curbline within 12 hours after being emptied to a location behind or beside any structure or building on the premises; said location shall not be in the defined front yard area and shall be a minimum of eight feet from any neighboring structure or building.
D. 
For good cause shown, the Building Inspector of the Town of Orchard Park may provide an exemption for the above stated rules for the placement of containers for collection. "Good cause" may be but is not limited to the property owner's physical disability, short-term absence, or one-time disposal event.
A. 
Penalties for violation of any provision of this article shall be as follows:
(1) 
A warning notification for the first violation.
(2) 
A fine of $25 for the second violation.
(3) 
A fine of $50 for the third violation.
(4) 
A fine of $100 for the fourth violation.
(5) 
A fine of $250 for the fifth violation.
B. 
In the event of succeeding and continuing violations, any person who shall be convicted of violating or failing to comply with the provisions of this article shall be liable to a fine of $250 per day.