[HISTORY: Adopted by the Town Board of the Town of New Hartford 4-5-1989 by L.L. No. 3-1989. Amendments noted where applicable.]
Editor's Note: This local law also provided for the repeal of former Ch. 74, Garbage, Rubbish and Refuse, adopted 8-20-1980 by L.L. No. 10-1980.
A clean, wholesome and attractive environment is declared to be of vital importance to the health, welfare and safety of the inhabitants of the Town of New Hartford, as is the safeguarding of their material rights against unwarrantable invasion and the protection of public health. In addition, such an environment is deemed essential to the maintenance and continued development of the economy of the Town of New Hartford and the general welfare of its citizens. Therefore, recognizing the above and the need of the community for an effective and well-regulated procedure for the handling and disposal of solid waste, and in the exercise of its police power in these regards, the Town Board of the Town of New Hartford does hereby enact this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL AND INDUSTRIAL GARBAGE
- Includes all nonhazardous and nontoxic wastes which are not commercial and industrial by-products.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Waste resulting from construction, remodeling, repair and demolition of structures, road building and land clearing. Such wastes include, but are not limited to, bricks, concrete and other masonry materials, soil, rock, lumber, road spoils, paving material and tree and brush stumps.
- FARM HAZARDOUS WASTE
- All containers containing pesticides and/or pesticide residue and which can no longer be utilized for farm purposes.
- GREEN WASTE
- Grass clippings, leaves and cuttings from shrubs, hedges and trees. The terms "garbage," recyclable material," "construction debris" and "major appliances" shall not be construed to include "green waste."
- HOUSEHOLD GARBAGE
- Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods. Garbage originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served.
- HOUSEHOLD HAZARDOUS WASTE
- Includes pesticides, used motor oil and automobile batteries.
- LARGE HOUSEHOLD FURNISHINGS
- All other large and/or bulky articles actually used in the home and which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
- MAJOR APPLIANCES
- A large and/or bulky household mechanism (as a refrigerator, washer, dryer, stove, etc.) ordinarily operated by gas or electric current.
- Any individual head of household, landlord, chief executive officer, owner or manager of a commercial or industrial establishment and all entities of any kind capable of being sued.
- PUBLIC NUISANCE AFFECTING HEALTH
- A nuisance which is a thing, act or occupation or use of property, premises, equipment or structure, either private or public, affecting the health of one or more persons.
- Any person having a domicile within the general limits of the Town of New Hartford, including landlords and tenants. The term shall also include any person, firm, partnership, corporation or other association operating an established business within the limits of the Town of New Hartford.
- SOLID WASTE
- All putrescible and nonputrescible solid wastes, including but not limited to 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, 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 a manufacturing by product, including but not limited to garbage, refuse, 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 Environmental Conservation.
It shall be unlawful for any person to throw, spill, place, deposit leave or cause to be thrown, spilled, placed, deposited or left, or permit any agent, servant, or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park or public building or in any running water or body of water within the Town of New Hartford any form of solid waste, including sanitary sewage or sewage by-products or any material subject to be carried by the wind or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person as a passenger, driver, owner, manager or conductor of any automobile, truck, tractor, motorcycle, bicycle, bus, conveyance or other vehicle to throw, spill, scatter, place, discard, deposit or leave any solid waste, be it bundled, bagged or otherwise, from any vehicle or conveyance in or upon any public or private lands within the Town limits.
It shall be unlawful to dispose of any solid waste material anywhere in the Town of New Hartford except:
[Added 4-4-2001 by L.L. No. 4-2001; 6-21-2006 by L.L. No. 3-2006]
The following shall apply to each and every private residential property that participates in the Town’s annual curbside trash collection program and to each and every private residential property that participates in the Town’s seasonal collection of green waste, excluding leaf pickup:
Trash, as defined elsewhere in this Code and on a year-to-year basis in the Town’s Annual Curbside Collection brochure, shall not be placed within the highway rights-of-way prior to one week before the Town’s published collection date.
Green waste, excepting leaves, as defined elsewhere in this Code and on a year-to-year basis in the Town’s Annual Curbside Collection brochure, shall not be placed within the highway rights-of-way prior to the weekend preceding the Town’s published collection date.
Violations shall be given by the Town to the resident, and to the property owner if different from the resident, and the resident or property owner shall have 24 hours to remove the trash and/or green waste from the highway rights-of-way. Noncompliance within the twenty-four-hour period shall result in the Town’s ability to cause the removal of the trash and/or green waste to the Oneida-Herkimer Solid Waste Authority facility, and the property owner, if different from the resident, shall be subject to a fine of $200 and be responsible for any and all costs incurred by the Town for the removal of the trash and/or green waste.
It shall be unlawful for any person, as owner, lessee, agent, tenant or otherwise, to throw, cast, spill or otherwise deposit or cause or permit to be thrown, cast, spilled or deposited any solid waste, including sewage offal or other decomposable organic or putrescible matter, which will or could create a public nuisance or act as a breeding ground for or attraction to insects or vermin in or about any land or lot, vacant or otherwise, within the limits of the Town.
It shall be unlawful for any person to store or maintain upon any land or lot, vacant or otherwise, any object, discarded or not in current use, capable of collecting water which might serve as a breeding place for mosquitoes.
It shall be unlawful for any person to deposit, place or store in or about any premises or vacant lands any combustible solid waste material which might serve to increase the fire hazard in the surrounding area.
Nothing in this section shall be construed to prohibit the temporary storage of solid waste material awaiting removal, provided that such storage is accomplished by way of tightly covered containers or cans wherever practicable and as further defined in this section, nor shall this section be construed as prohibiting the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same.
Construction and demolition debris.
It shall be unlawful for any person to temporarily (in excess of 24 hours) store for disposal on any premises or vacant land over 1/2 cubic yard in volume of construction and demolition debris, large household furnishings or major appliances, or combinations thereof, unless the material is stored in a receptacle having a minimum volume of one cubic yard. The receptacle shall be provided with a tarp or other means of securing the material within the receptacle. Where such volume of material is anticipated, a demolition permit shall be obtained from the Codes Enforcement Office for a fee of $10 or the fee currently in effect as established by the Town Board.
It shall be unlawful for any person to deposit or allow to be deposited on any premises or vacant land construction and demolition debris or other material not previously exempted in this section for the purpose of permanent disposal without first obtaining a fill permit from the Codes Enforcement Officer or his designee. The fill permit shall apply only for materials classified as nonhazardous and nontoxic as defined by federal, state and local regulatory agencies. Violators of this subsection will be fined up to $1,000 per day (or the fine currently in effect as established by the Town Board) and prosecuted under § 74-8 of this chapter for each day the situation exists beginning 24 hours after written notification by the Codes Enforcement Office. The fill permit fee shall be $10 or the fee currently in effect as established by the Town Board.
[Amended 1-3-2001 by L.L. No. 1-2001]
All vehicles used in the transport of solid waste material, operated on any street or highway within the Town limits, shall be equipped with a cover so as to prevent any material from escaping from the vehicle. The failure of any commercial hauler or private person to utilize covered vehicles for the transport of solid waste material shall, in itself, constitute a violation of this chapter.
Any person, as that term is defined in § 74-2, who commits or permits any act or acts in violation of any of the provisions of this chapter shall be guilty of a violation and shall, upon conviction thereof, be liable to a penalty or fine of up to $1,000 or imprisonment for not more than 15 days, or both such fine and imprisonment, for each and every offense. Each day the condition constituting such violation shall continue to be permitted to exist shall constitute a separate violation or offense.
[Amended 1-3-2001 by L.L. No. 1-2001]
In addition to the above-mentioned penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town or of anyone aggrieved by the violation in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter and cause the removal of the same at the expense of said person.
Violators of this chapter shall be required to be in compliance with the provisions of this chapter within 24 hours after being served written notification of the violation by an authorized Town official, except that, at the discretion of the Town official, the violation of the requirements of § 74-5, Dumping regulated, shall be immediately rectified. Violators of § 74-5 of this chapter shall automatically be fined up to $1,000 with additional penalties and punishment following the first offense to be as decided by a court of law.
[Amended 1-3-2001 by L.L. No. 1-2001]