[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford as indicated in article histories. Amendments noted where applicable.]
Article I Garbage, Rubbish and Refuse
Article II Recycling and Solid Waste Haulers
[Adopted 3-14-1989 by L.L. No. 2-1989]
This article is adopted for the protection and promotion of the public health, safety and general welfare of the community by regulating the storage of garbage and other waste materials as well as the use and maintenance and operation of bulk garbage containers referred to as "dumpsters."
As used in this article, the following terms shall have the meanings indicated:
- The residue from the burning of wood, coal, coke or other combustible materials.
- A bulk refuse storage container that is designed to be mechanically
emptied into a larger compactor-type truck for disposal.[Amended 11-20-2007by L.L. No. 6-2007]
- Wastes from the preparation, cooking and serving of food; market wastes; and wastes from handling, storage and sale of produce.
- Commemorations recognized by law, which include New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
and Christmas Day.[Added 11-20-2007by L.L. No. 6-2007]
- PORTABLE REFUSE CONTAINER
- A waste receptacle such as a garbage can or refuse tote designed
to be moved to the point of collection.[Added 11-20-2007by L.L. No. 6-2007]
- WASTE MATERIALS
- Includes all categories of materials to be disposed of, excluding garbage.
The owner, lessee, contractor, tenant or other person having management or control of or occupying any lot or plot of land in the Village shall keep such land, at all times, free and clear of any accumulation of garbage, refuse, rubbish, litter and waste or discarded matter of any type, including partially dismantled motor vehicles, except such as may be deposited for collection and disposal purposes. Upon due notice, in writing by the Village Clerk or his/her designee, given to such owner, lessee, contractor, tenant or other person to remove said accumulation of garbage, refuse, rubbish, litter and waste or discarded matter from said lot or parcel of land and upon failure to comply within a period of five days after the service of said notice, said owner, lessee, contractor, tenant or other person shall be deemed to have violated the provisions of this article. Notice shall be served by regular mail or in person.
[Added 11-20-2007by L.L. No. 6-2007]
No person shall accumulate or permit the accumulation of refuse upon any premises owned or occupied by such person except for the purpose of collection, which shall normally occur at intervals of not less than seven days, except for holidays, Sundays, vacations or extraordinary weather or except where caused by or arising out of the construction or remodeling of a dwelling or other building on the premises or customary agricultural operations thereon, in which cases due care shall be taken that such accumulation shall not create an unsightly appearance or unreasonably disturb the comfort and repose of the neighborhood, and shall be removed within a reasonable time or immediately upon completion of the work causing such accumulation. The determination of violations related to this provision shall be at the sole discretion of the Code Enforcement Officer.
Every owner, tenant or occupant of a building, premises (except vacant land), or place of business must be able to demonstrate that they are serviced by a refuse collector licensed by the Village of Pittsford. Every owner, tenant or occupant of any building, premises or place of business shall provide or cause to be provided and at all times keep suitable and sufficient receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacles shall be kept near any public place longer than may be necessary for the removal of the contents thereof. Such receptacle shall be a container of sufficient capacity, and said container shall have handles and a tight-fitting cover and shall be watertight. All receptacles shall be closed at all times. Lawn carts, wheel barrows, fifty-five-gallon drums, fiber barrels and wastebaskets are not considered suitable and sufficient containers.
Refuse containers shall be placed at the curb no earlier than the afternoon before the day of collection, and shall be removed no later than the day of collection.
No person shall throw or deposit or cause to be thrown or deposited any refuse, hazardous waste or recyclable materials in or upon any portion of a public right-of-way, street or place or on any property not owned or occupied by said person, nor in any refuse container not owned, leased or rented by said person within the Village of Pittsford.
No person shall dump, deposit, throw, place, cast or bury ashes, rubbish, yard rubbish, garbage, waste matter, offal or discarded matter of any type on any lot or plot of land in the Village, other than compost heaps such as may be utilized by a home gardener when stored on his own property and appropriately screened from view, provided that such compost heaps do not develop obnoxious odors, attract rodents or otherwise create a hazard to the health and enjoyment of neighboring property owners. Discarded matter shall include any junked or abandoned vehicle which is without a currently valid license plate and is in either a rusted, wrecked, discarded, dismantled, partly dismantled, inoperative or abandoned condition.
No person being the owner, driver or operator of any car or other vehicle, including construction vehicles, and no owner of any receptacle shall scatter, drop or spill or permit to be scattered, dropped or spilled any dirt, gravel, sand, clay, loam, stone or building rubbish or hay, straw, oats, sawdust, shavings or other light materials of any sort or manufacturing, trade or household waste, refuse or rubbish of any sort or ashes, manure, garbage or other organic refuse or other offensive matter therefrom or permit the same to be blown off therefrom by the wind upon any street or sidewalk or right-of-way or public place in the Village of Pittsford.
[Amended 5-12-1998 by L.L. No. 2-1998; 1-11-2000 by L.L. No. 1-2000; 4-12-2005 by L.L. No. 1-2005; 11-20-2007by L.L. No. 6-2007; 8-11-2009 by L.L. No. 15-2009; 5-25-2010 by L.L. No. 3-2010]
Dumpsters are permitted in Zones B-1, B-1A, B-2, B-3, B-4 and M-1. Dumpsters are not permitted in any residential district in the Village of Pittsford.
The property owner, lessee or the user of the dumpster shall make provisions that all garbage and other waste materials be completely contained within the dumpster. No accumulation of garbage and/or waste materials will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate garbage or other waste materials so that the dumpster cover cannot be firmly closed.
No dumpster shall be delivered, removed or emptied between the hours of 6:00 p.m. and 6:00 a.m.
Location, use, condition and appearance requirements.
[Amended 2-25-2014 by L.L. No. 5-2014]
No dumpster may be placed, and no existing dumpster shall remain, in any location, unless the dumpster is screened by an enclosure consisting of a solid fence or other approved screening material. The enclosure shall exceed the height of the dumpster so that the dumpster is entirely screened from view. The enclosure shall at all times be kept closed and in good repair, so as not to create an unsightly condition.
Where dumpsters are less than three (3) cubic yards in size, or where an accumulation of three or more totes, that will contain materials other than restaurant and/or food-related garbage, are maintained with securely closed and watertight openings, are structurally sound, are free of rust, are odor-free, are properly painted, and where the site may not be suitable for an enclosure, the Building Inspector may waive the enclosure requirement. If such a waiver is granted, the property owner, lessee or user of the dumpster or totes will be responsible for maintaining them as described herein. If these conditions are not met, the Building Inspector will revoke the waiver and the dumpster and/or totes will be immediately removed. It will be the responsibility of the property owner to make an application to the appropriate Board(s) to erect an enclosure to facilitate the dumpster or totes.
Dumpsters and their enclosures shall be set back a minimum of 20 feet from a public right-of-way or a residential property line, and a minimum of 50 feet from a residential structure. The location of dumpsters on sites with constraints or conditions which do not allow the minimum setbacks shall be subject to the approval of the Village of Pittsford Planning Board.
All dumpsters shall be kept in good repair, be structurally sound and leakproof. All dumpsters shall have watertight doors or covers that securely close all openings, and that are easily opened and closed. Dumpsters shall be painted as required to prevent the show of rust and deterioration and be so constructed to stand firmly and safely upright.
All dumpsters shall be clearly identified with the name of the owner of the dumpster.
The dumpster lessee shall be responsible for removing any litter, debris or other matter related to the use of the dumpster, including in the immediate vicinity of the dumpster and the surrounding area. The ground or pavement in the area of the dumpster shall be kept clean and sanitary. Foul odors emanating from the dumpster or the surrounding area shall be eliminated. Vermin shall be exterminated.
All dumpster doors and covers shall remain securely closed except when being filled or emptied. Overflowing conditions are prohibited.
Food waste that is placed in a dumpster shall be in securely sealed plastic bags. Loose refuse other than food waste that may become windblown shall be bagged.
No dumpster may exceed seven feet in height above grade.
No dumpster may be placed in any location without a permit and the approval of the Building Inspector. Unauthorized dumpsters shall be removed by the owner of the dumpster upon the order of the Building Inspector.
The design, materials and location of a required dumpster enclosure shall be subject to the approval of the Building Inspector. No enclosure may be constructed without such approval.
On properties with multiple commercial uses, the sharing of dumpsters shall be encouraged and preferred when practical.
The provisions of this article shall apply to the owner of the dumpster as well as to the user or lessee of the container. The Building Inspector may revoke the permit for any dumpster that is in violation of this article, and any such dumpster shall be removed by the owner upon the order of the Building Inspector.
Application for permit. An application for a permit pursuant to the provisions of this article shall be made on forms approved and made available by the Village Clerk of the Village of Pittsford. Such application shall include but not be limited to the following information:
The name and address of the applicant and, if applicable, the name and address of the lessor of the dumpster.
Issuance of permit.
All permits required by this article shall be in writing and issued by the Village Clerk or the Village Building Inspector of the Village of Pittsford. The Village Clerk or the Village Building Inspector shall issue said permit if it appears that the applicant has a reasonable need to use a dumpster. No permits shall be issued until the fee, hereinafter described, shall be paid to the Village.
Such permit will be issued for a period of one year. Any permit issued shall be revoked in the event that the maintenance of the dumpster violates any of the terms and provisions of this article.
Permit fee. The fee payable for a permit pursuant to this article shall be established yearly at the Annual Organizational Meeting.
Penalties for offenses.
Any person who violates any provision of this article shall be notified by the Village Clerk, Building Inspector or Fire Marshal of said violation.
[Amended 5-12-1998 by L.L. No. 2-1998]
Temporary dumpsters placed/used in conjunction with demolition, remodeling or repairs require a permit from the Village of Pittsford Code Enforcement Officer or his or her designee.
Criminal penalty. Any person who violates any provision of this article shall, upon conviction thereof, be subject to a fine not to exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
Civil penalties; construal.
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this article.
Neither judgment in nor the pendency of a criminal prosecution for an alleged violation of the provisions of this article nor a judgment in or the pendency of a civil action of law or in equity shall be a bar to the other form of proceeding.
The imposition of a penalty for a violation of this article shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil action to enjoin or abate a violation shall be cumulative.
[Adopted 2-11-1992 by L.L. No. 2-1992]
This article shall be known as the "Solid Waste Management Local Law."
The Village of Pittsford, New York, finds that:
Removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills, aid in the conservation of valuable resources and reduce the required capacity of existing and proposed resource facilities.
The New York Solid Waste Management Act of 1988 requires that municipalities adopt a local law or ordinance by September 1, 1992, to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.
This article is adopted pursuant to Chapter 541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of 1980 of the State of New York, as amended, in order to:
Institute a plan for the management of recyclable materials generated or originated in the Village of Pittsford, New York, to promote the safety, health and well-being of persons and property within said Village; and
Implement the express policy of the State of New York encouraging solid waste reduction through recycling.
Editor's Note: See General Municipal Law § 120-w.
Editor's Note: See Environmental Conservation Law § 27-0101 et seq.; General Municipal Law §§ 120-w, 120-aa and 401(a); Public Authorities Law § 1287, Subdivisions 1 and 2; County Law § 226-b; Town Law § 221; Local Finance Law § 11.00, Subdivision a6; and Public Service Law § 141, Subdivision 4(e).
As used in this article, the following terms shall have the meanings indicated:
- The Solid Waste Administrator of Monroe County.
- AUTHORIZED HAULER
- Any person licensed by the municipality or under contract with the county to collect and transport recyclable materials generated or originated within the county.
- AUTHORIZED RECYCLING FACILITY OR FACILITIES
- A permitted facility or facilities for processing recyclable materials specified in the rules and regulations promulgated pursuant to the County of Monroe Solid Waste Reuse and Recycling Local Law of 1991 and any amendments thereto. This term shall exclude incinerating facilities, waste-to-energy facilities and landfills.
- A county-provided blue box container with a county logo for recyclable materials or any other durable container for recyclable materials readily identifiable by the hauler as a container for recycling materials.
- The County of Monroe.
- The County Executive of Monroe County.
- Any solid waste management - resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing, or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
- HAZARDOUS WASTE
- Any hazardous waste as defined under the Recourse Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., or hazardous waste as defined under New York Environmental Conservation Law § 27-0901 et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder, and any analogous or succeeding federal, state or local law, rule or regulation and any regulations promulgated thereunder and any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous.
- OTHER RECOVERABLE MATERIALS
- Any material, substance, by-product, compound or any other item generated or originated within the county and separated from solid waste at the point of generation for separate collection, sale, external reuse or reprocessing and/or disposition other than by disposal in landfills, sewage treatment plants or incinerators. "Other recoverable materials" do not include recyclable materials as defined herein.
- Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, town, Village, improvement district, governmental entity or other legal entity.
- RECYCLABLE MATERIALS
- Include but are not limited to the following:
- RECYCLING or RECYCLED
- Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused as raw materials.
- SOLID WASTE
- All putrescible and nonputrescible solid wastes generated or originated within the county, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or which are being accumulated, stored or physically, chemically or biologically treated prior to being discarded, have served their intended use or are a manufacturing by-product, including but not limited to garbage, refuse and other discarded solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations and from community activities, sludge 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, or hazardous waste as defined in this article.
- SOURCE SEPARATION
- The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
- WASTE STREAM REDUCTION PROGRAM
- Includes source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generated, the activities and enterprises of scrap dealers, processors and consumers and other programs designed to reduce the volume of solid waste or enhance reclamation and recovery of solid waste or recyclable materials otherwise destined for the municipal waste stream. For purposes of this definition, such reduction programs shall not include the processing of waste for incineration or disposal by other means.
Solid waste generated or originated within the Village of Pittsford which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be disposed of as follows:
Prior to initial collection or transport, such solid waste shall be source-separated into recyclable, reusable or other components for which economic markets exist as provided in the rules and regulations promulgated hereunder.
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Village Board of Trustees may order such exceptions as it determines are in the public interest.
All recyclable materials generated or originated within the Village of Pittsford must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Village of Pittsford except as permitted by law.
Disposal of solid waste which is barred from all authorized facilities by rules, regulations or orders promulgated pursuant to the County of Monroe Solid Waste Reuse and Recycling Local Law of 1991 and any amendments thereto, or by any other law, regulation or ordinance shall not otherwise be regulated by this article.
No hazardous waste may be delivered to an authorized recycling facility.
Only persons who are acting under authority of the county or an authorized hauler shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection; each such unauthorized collection, pickup or removal shall constitute a separate violation of this law; provided, however, that where the county or any authorized hauler has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials; provided, however, that recyclable materials to be privately collected, sold or donated shall not be placed curbside on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a county-supplied container at curbside or at any designated collection place shall immediately become the property of the county.
[Amended 11-20-2007by L.L. No. 6-2007]
Licensing of haulers.
All persons or companies engaged in the business of receiving or collecting garbage/rubbish or recyclable materials, except for construction and demolition waste, must apply for and be issued annually a license by the Village of Pittsford Board of Trustees. Refuse haulers shall submit an application for an annual license by March 31 of each year. Licenses shall be issued by the Board of Trustees at the yearly organizational meeting. New license applications submitted at other times during the year will be considered by the Board of Trustees within 30 days of the date of application.
Authorized haulers shall comply with all provisions of the Monroe County Solid Waste Management Law regarding the collection of recyclable materials.
Applications for an authorized hauler license may be denied if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year, or if the applicant is determined to be unfit or undesirable to provide the service of refuse collection.
All authorized haulers shall, in writing, defend, indemnify and hold harmless the Village of Pittsford for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized hauler in violation of this article.
No license issued under the provisions of this article shall be transferable. Changes in ownership of an authorized hauler shall be reported to the Village Clerk within five days. Said changes must be approved by the Village of Pittsford Board of Trustees.
Authorized haulers shall submit proof(s) of insurance in an amount determined to be sufficient by the Village of Pittsford Board of Trustees. Insurance shall include, but not be limited to, general liability, automobile liability, workers compensation, and disability. All insurance certificates shall name the Village of Pittsford as an additional insured.
The fee for a license shall be determined by the Village of Pittsford Board of Trustees by resolution, and may be adjusted from time to time.
Any conditions of refuse collection contained in this chapter, both residential and commercial, shall be also conditions of the authorized hauler license.
Conditions of refuse collection.
The Village of Pittsford Board of Trustees shall, by resolution, regulate the day(s) of the week on which residential refuse collection may take place within the Village. In addition, the Board of Trustees may designate areas within the Village and impose collection regulations within said areas. Authorized haulers shall be notified of any such regulations upon issuance of a license, and shall be notified by mail of any changes to the regulations that may be made from time to time.
There shall be no residential collection of refuse between the hours of 6:00 p.m. and 6:00 a.m.
There shall be no residential collection of refuse on Sundays or holidays.
All authorized haulers must offer an optional residential low-volume rate, and must make available to their customers special bags or stickers which may be purchased in advance.
The level of service provided to residential customers by an authorized hauler for yard waste, bulky refuse, appliances, or other waste shall be determined annually by the Village of Pittsford Board of Trustees, with input from the authorized haulers, by resolution.
The regulations for the collection of residential yard waste by the Village shall be issued by the Superintendent of Public Works, and may be amended from time to time.
When the Public Works Foreman or his designee determines that a failure to comply with this article may have occurred, he shall recommend to the Village Board of Trustees that he be authorized to carry out the notice and hearing provisions set forth in Subsections B and C of this section. Notice and an opportunity to be heard shall be provided prior to the suspension or revocation of a solid waste license or contract or the issuance of a reprimand, fine or penalty.
The designated public official shall notify the affected generator, contractor or licensee of the alleged failure, in writing.
The notice shall be personally served or sent by certified mail to the generator's, contractor's or licensee's last known address at least 10 days before the hearing date, with a copy to the Administrator.
Hearings shall be held before the Town of Pittsford Justice within a reasonable period, which shall be at least 10 days after service of notice.
The generator, contractor or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
Within 20 days after the close of the hearing, said Town Justice shall:
Determine whether the alleged failure to comply with this article has occurred; and
If said Town Justice determines that such a failure has occurred, decide whether the generator, contractor or licensee shall be subject to fine or penalty or an existing solid waste license or contract or authorized hauler status shall be suspended or revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
Inspections and appearance tickets.
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside of residences, shall be subject to inspection to ascertain compliance with this article, the Monroe County Solid Waste Management Local Law and the rules, regulations or orders promulgated pursuant to the County Law, by any police officer, peace officer, code enforcement officer and any other public official designated by the county or Village of Pittsford.
Police officers, peace officers, code enforcement officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this article.
Civil sanctions. The Village of Pittsford may commence a civil action to enjoin or otherwise remedy any failure to comply with this article.
Criminal penalties. In addition to the civil sanctions provided herein, failure to comply with this article or the rules and regulations promulgated hereunder shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder.
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to June 1, 1992, in order to permit persons regulated hereunder to come into compliance with this article.
The provisions of this article shall be effective on the same date as the Monroe County Solid Waste Management Local Law becomes effective.