[HISTORY: Adopted by the City Council of the City of Saratoga Springs 12-6-1982 as Ch. 89 of the 1970 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMPACTED REFUSE
- Any refuse that is compressed by a mechanical means.
- Applies to all goods, materials and merchandise and any ingredients, parts or by-products thereof. It shall also include discarded animal and vegetable waste, noncombustible waste and other combustible materials, such as but not limited to newspapers, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and trees.
Editor's Note: Original §§ 89-2, 89-3 and 89-4, which dealt with landfills and which immediately followed this section, were repealed 4-4-1994 by L.L. No. 1-1994.
The Commissioner of Public Works is hereby authorized to make and adopt such rules and regulations as may be necessary for the proper and orderly maintenance of any landfill maintained and operated by the City of Saratoga Springs.
The Commissioner of Public Works is hereby authorized and empowered to hear and determine complaints against anyone using the landfill and to suspend the privilege of using the landfill for violations of the provisions of this chapter or any rules and regulations adopted pursuant to this chapter. No privilege may be suspended by the Commissioner of Public Works for more than 10 days. Any privileges granted hereunder may be suspended for a period of up to 90 days or may be revoked by a majority vote of the City Council sitting as a body after a hearing on notice to the party, at which hearing the party affected shall have an opportunity to be heard.
All refuse carried through the streets and highways of the City of Saratoga Springs must be in enclosed receptacles.
No person, firm, partnership or corporation shall use a vehicle for transporting refuse which permits such substance to drop therefrom or sift through upon a highway.
All vehicles used to transport refuse in the City of Saratoga Springs, New York, either commercial or private, if not completely enclosed, must be equipped with and make use of a covering that completely covers the material being transported to prevent such material from blowing, falling or dropping from said vehicle. A sturdy and well-fastened tarpaulin shall be acceptable as a covering.
[Amended 1-16-1984; 7-16-1990]
Except as otherwise provided in this section, no person, firm, partnership or corporation shall deposit refuse upon or along any road, curb, sidewalk, alley, street or land in the City of Saratoga Springs without the written permission of the Department of Public Works.
Between June 1 and September 16 in any year, a person, firm, partnership or corporation may deposit yard debris such as leaves, grass and other similar natural materials at curbside for pickup by the Department of Public Works. Any such debris shall be placed in suitable containers and shall not be loosely piled. Tree limbs and branches shall not exceed four feet in length.
The Commissioner of Public Works, in his discretion, may from time to time establish schedules during which the Department of Public Works shall pick up refuse placed for collection at or near a road, curb, sidewalk, alley or street. The Commissioner shall have the authority to specify the types of refuse that shall be so collected, as well as types of receptacles or containers to be used, and the number of hours prior to scheduled pickup that said refuse may be placed for collection.
Any deposit of refuse not in accordance with Subsection B above shall be a violation of this chapter, and the Commissioner of Public Works is hereby authorized and empowered to pay for the correction of said violation, subject to the approval of the City Council of the City of Saratoga Springs.
When the Commissioner of Public Works has effected the correction of the violation or has paid for its removal, the actual cost thereof, plus the accrued legal rate of interest per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to such owner by the City, and such charge shall become due and payable by said owner or person at the time of the payment of such bill.
Where the full amount due the City is not paid by such owner within 20 days after the correction of such violation as provided in Subsections A and B above, then and in that case, the Commissioner of Public Works shall cause to be filed in the office of the City Clerk a sworn statement showing the cost and expense incurred for the work, the date the work was completed and the location of the property by section, lot and block on which said work was done and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus the cost of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty at the legal rate of interest in the event that the same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and successfully done and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated and described in the statement and that the same is due and collectible as provided by law.
No person, firm, partnership or corporation shall burn or suffer, allow, cause or permit the burning of garbage, rubbish or refuse in an open fire in the City of Saratoga Springs.
It shall be the duty of the Police Department of the City of Saratoga Springs to enforce the provisions of this chapter.
In addition to and not in limitation of any power otherwise granted by law, officers of the Police Department are hereby authorized to issue appearance tickets for violations of this chapter.