[HISTORY: Adopted by the Town Board of the Town of New
Hartford 4-5-1989 by L.L. No. 3-1989.[1] Amendments noted where applicable.]
[1]
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:
Includes all nonhazardous and nontoxic wastes which are not commercial
and industrial by-products.
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.
All containers containing pesticides and/or pesticide residue and
which can no longer be utilized for farm purposes.
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."
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.
Includes pesticides, used motor oil and automobile batteries.
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.).
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.
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.
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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
Construction and demolition debris.
(1)
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.
(2)
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.
A.
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]
B.
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.
C.
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]
