[HISTORY: Adopted by the Town Board of the
Town of Cheektowaga as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-18-1992 by L.L. No. 5-1992;
amended in its entirety 9-19-2005 by L.L. No. 2-2005]
This article is adopted in order to promote
and protect the public health and safety, comfort, convenience, prosperity
and other aspects of the general welfare of the residents of the Town
of Cheektowaga and, in addition thereto, to protect property, to preserve
property values and to eliminate fire, safety and health hazards by
regulating the collection, storage and disposal of garbage, rubbish
and refuse within the Town of Cheektowaga.
A.
BRUSH
CODE INSPECTOR
CONSTRUCTION DEBRIS
DUMPING
GARBAGE
LARGE HOUSEHOLD FURNISHINGS
MAJOR APPLIANCES
NONRECYCLABLE REFUSE AND RUBBISH
NONRESIDENTIAL PRODUCERS
PERSON
RECYCLABLE CONTAINER
RECYCLABLE RUBBISH
RESIDENTIAL PRODUCERS
SANITATION DEPARTMENT OFFICIAL
SCAVENGER
SOLID WASTE
TOTE
TREE PARTS
YARD WASTE
The following words, as used in this article, shall
have the meanings hereby ascribed thereto unless the context clearly
indicates a different meaning.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter.
Includes Code Enforcement Officer, Property Maintenance Inspector
and any other person authorized to perform inspections and issue violation
orders as designated by the Supervising Code Enforcement Officer.
[Added 6-15-2015 by L.L.
No. 4-2015]
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
Throwing, depositing or burning of solid waste in or upon
any public highway, street or other public place.
All table refuse; animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food; offal
from meat, fish and fowl; fruits, vegetables and parts thereof, and
other articles and materials ordinarily used for food which have become
unfit for such use or which are for any reason discarded.[1]
Large and/or other bulky articles actually used in the home
and which equip it for living, such as chairs, sofas, tables, carpets,
mattresses and box springs, but excluding major appliances.
A large household mechanism, such as a refrigerator, washer,
dryer, stove, etc., ordinarily operated by gas or electric current.
Waste material discarded as useless or worthless trash, including
but not limited to rags, sweepings, rubber, leather, crockery, shells,
clothing and straw.
[Amended 2-26-2007 by L.L. No. 2-2007]
Any producer of garbage, refuse and recyclable materials
other than a residential producer, including but not limited to commercial
or industrial businesses, restaurants, plazas, malls and the like.
An individual, society, firm, partnership, corporation or
association of persons, and the singular number shall include the
plural number.
A Town-authorized container(s) for the storage and collection
of recyclable rubbish provided to and/or purchased by property owners
in the Town of Cheektowaga to be used for the storage and disposal
of recyclable rubbish. All recyclable containers/totes provided by
the Town of Cheektowaga shall remain at the assigned location and
shall not be removed from said location.
[Amended 2-26-2007 by L.L. No. 2-2007; 3-21-2016 by L.L. No. 2-2016]
Rinsed food containers, such as metal cans, glass and plastic
food containers; newspaper, magazines, cardboard and flat paper; and
plastic materials and bottles with metal rings and tops removed.
Those persons, owners or occupants of single-family or multifamily
dwellings not exceeding eight units, used exclusively for residential
purposes, which produce garbage, nonrecyclable refuse and recyclable
rubbish.
Shall include the Sanitation Department General Crew Chief,
Working Crew Chief and/or his/her designees.
[Added 5-19-2008 by L.L. No. 4-2008]
A person that collects and removes refuse and searches through
garbage for salvageable material.
Includes but shall not be limited to garbage, nonrecyclable
rubbish, recyclable rubbish, construction debris, major appliances,
large household furnishings, brush and tree parts, grass and leaves.
A Town-authorized container(s) for the storage and collection
of garbage and nonrecyclable refuse and rubbish. All totes assigned
by the Town of Cheektowaga (not including any totes purchased by the
property owner) to each location shall be owned by the Town of Cheektowaga,
shall remain at that location and shall not be removed from said location.
[Added 11-5-2012 by L.L. No. 4-2012; amended 3-21-2016 by L.L. No. 2-2016]
Cuttings from shrubs, hedges and trees which are more than
four inches in diameter.
Grass clippings, leaves, flowers and vegetable trimmings.
[1]
Editor's Note: The former definition of "garbage container,"
as amended 2-26-2007 by L.L. No. 2-2007, which immediately followed
this definition, was repealed 11-5-2012 by L.L. No. 4-2012, effective
12-10-2012.
B.
None of the terms defined in this section shall be
deemed or construed to include vehicular tires, tire casings, oil
or batteries.
A.
Each person who places any item at the curb for collection
and disposal by the Town of Cheektowaga shall separate nonrecyclable
refuse and rubbish from recyclable rubbish, and such person shall
prepare the same for collection and disposal in accordance with this
article.
B.
Totes conforming to the specifications of this article
shall be used when storing or placing garbage and nonrecyclable refuse
and rubbish for collection by the Town. When filled, a tote shall
not exceed 150 pounds in weight.
[Amended 11-5-2012 by L.L. No. 4-2012[1]]
[1]
Editor's Note: This local law provided an effective date of
12-10-2012.
C.
Recyclable rubbish.
[Amended 2-26-2007 by L.L. No. 2-2007; 3-21-2016 by L.L. No. 2-2016]
(1)
Recyclable
rubbish shall be placed in recyclable containers or bundled as herein
provided.
(2)
A recyclable
container, when filled, shall not exceed 150 pounds. Glass, metal
and plastic recyclables shall have their contents removed, be thoroughly
drained of liquid and rinsed prior to being deposited for collection.
D.
All brush and tree parts generated by the individual
activity or efforts of the owner or occupant of the premises shall
be tied with string or twine in bundles not to exceed 48 inches in
length and 12 inches in diameter and weighing no more than 40 pounds.
E.
Plaster, wood and shingles which result from work
performed by an individual owner or occupant of a single- or two-family
residential dwelling may be placed for collection and disposal by
the Town of Cheektowaga, but such plaster, wood and/or shingles must
first be placed in an authorized tote or tied in bundles not exceeding
48 inches in length and 12 inches in diameter and not exceeding 40
pounds in weight. The quantity of such debris shall not exceed two
totes or six bundles.
[Amended 11-5-2012 by L.L. No. 4-2012[2]]
[2]
Editor's Note: This local law provided an effective date of
12-10-2012.
F.
All major appliances or large household furnishings
not capable of being placed in receptacles or bundles as provided
herein may be placed at the curbline or pavement line only on the
scheduled pickup collection day for that area. With respect to major
appliances, at least 24 hours' advance notice via the telephone shall
be given to the Sanitation Department. It shall be the sole responsibility
of the owner to dismantle the household furnishing so that it will
not be a hazard to the public. Specifically, all refrigerator and
freezer doors and compressors must be removed by the owner. Large
household furnishings such as sofas and chairs must be dismantled
into a length not to exceed 48 inches and weigh no more than 40 pounds.
G.
All cut grass, leaves and garden clippings shall be
placed in totes, which when filled do not exceed 150 pounds in weight,
or in biodegradable paper bags, which when filled shall not exceed
40 pounds in weight.
[Amended 11-5-2012 by L.L. No. 4-2012[3]]
[3]
Editor's Note: This local law provided an effective date of
12-10-2012.
I.
Protruding nails and. other sharp objects, including
glass that may inflict bodily harm to personnel or residents of the
Town of Cheektowaga, shall be removed from all solid waste prior to
being deposited in containers or bundled for collection.
[Amended 11-5-2012 by L.L. No. 4-2012[1]]
A.
The Town
shall provide and assign to each residential unit one tote (but no
more than two totes per building/structure). Residents may purchase
additional ninety-five-gallon refuse totes and ninety-five-gallon
recycle totes from the Town at a cost of $75 per tote. Residents may
purchase additional sixty-five-gallon refuse totes and sixty-five-gallon
recycle totes from the Town at a cost of $70 per tote. Totes shall
be used for the collection, storage and disposal of all garbage and
nonrecyclable refuse and rubbish that may accumulate or be produced
by them.
[Amended 2-8-2022 by L.L. No. 1-2022]
B.
Garbage
and nonrecyclable refuse and rubbish shall be stored in totes with
lids completely closed. No tote shall exceed 150 pounds in weight
when filled.
C.
All totes
shall be maintained in good condition. All reusable refuse containers
and totes shall be kept as sanitary as possible in view of the use
to which they are put and shall be thoroughly cleaned by the owner
or occupant of the premises after garbage is removed by the collector.
Except when placed at the curbline for collection, all totes shall
be stored on the property producing the solid waste.
D.
Tote fees.
Tote fees shall hereafter be established from time to time by Town
Board resolution.
[Added 2-8-2022 by L.L. No. 1-2022]
[1]
Editor's Note: This local law provided an effective date of
12-10-2012.
A.
All totes and recyclable containers shall be transferred
to the right-of-way or pavement line in front of the premises by the
producer of the solid waste.
[Amended 11-5-2012 by L.L. No. 4-2012; 3-21-2016 by L.L. No. 2-2016]
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.
[Amended 5-19-2008 by L.L. No. 4-2008]
C.
Totes and recyclable containers shall be removed from
the right-of-way 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 10 feet from any neighboring structure or building.
[Amended 2-26-2007 by L.L. No. 2-2007; 11-5-2012 by L.L. No.
4-2012; 6-15-2015 by L.L. No. 4-2015; 3-21-2016 by L.L. No. 2-2016]
A.
The Town of Cheektowaga shall provide for the collection
and disposal of all recyclable rubbish, as well as for the collection
and disposal of solid waste, which are placed in Town-approved totes
or otherwise at the right-of-way at each location in the Town.
[Amended 11-5-2012 by L.L. No. 4-2012; 3-21-2016 by L.L. No. 2-2016]
B.
The Town of Cheektowaga will collect cut grass, brush and tree parts produced by commercial contractors and residents, provided that such cut grass, brush and tree parts were generated at the site upon which they are placed for collection and they are placed for disposal in accordance with § 206-4G of this article.
C.
Town employees or equipment shall not enter private,
residential property or structures in making collections, unless specifically
directed by the General Crew Chief, or in his absence, the Working
Crew Chief of the Sanitation Department.
D.
The Town shall have no obligation to pick up and remove
any solid waste which was not produced within the confines of the
Town of Cheektowaga.
E.
Ownership of rubbish which has been placed at the
curb for collection in accordance with this article shall vest in
the Town of Cheektowaga. It shall be unlawful and a violation of this
article for any person without authority from the Town to collect,
pick up, remove or cause to be collected, picked up or removed any
rubbish. Each such collection pick up or removal of rubbish from one
or more premises shall constitute a separate and distinct offense
in violation of this article.
In the event an owner or tenant vacates the
property, and leaves solid waste at the curb in violation of any of
the provisions of this article (i.e., quantity or time for placement
of solid waste), and the Town of Cheektowaga collects and disposes
of such solid waste, the owner of such property shall be responsible
for the actual cost incurred by the Town of Cheektowaga for collecting
and disposing of such solid waste. In the event the owner of such
property does not remit payment to the Town of Cheektowaga within
30 days after the mailing of an invoice by the Town of Cheektowaga,
the Town of Cheektowaga may add such charge onto the tax bill for
such property.
A.
No person shall allow, permit or cause to exist any
unsanitary or filthy condition in or about any premises owned, used
or occupied by said person. Any unauthorized accumulation of solid
waste on any premises is hereby declared to be a nuisance and is prohibited.
B.
No person shall cart to, dump, burn, deposit or otherwise
dispose of or cause to be carted, dumped, burned, deposited or otherwise
disposed of any solid waste upon any public highway, street or other
public place or upon any private property, except as provided in this
article or under the authorization, supervision and direction of the
head of the Sanitation Department or Recycling Contractor.
C.
Vehicular tires and tire casings will not be picked
up or removed by the Town of Cheektowaga or any agency thereof. The
Town of Cheektowaga will dispose of unmounted vehicular tires for
a nominal charge per tire, provided that said tires are brought to
the Sanitation Department.
D.
Dangerous, hazardous or chemically toxic wastes.
(1)
The Town of Cheektowaga shall not collect dangerous,
hazardous or chemically toxic wastes, including but not limited to
the following:
(a)
Dangerous wastes: wastes that represent an immediate
threat to the safety of Town employees and general public, such as
jagged or protruding objects, broken glass, nails etc.
(b)
Hazardous wastes: wastes as defined in the New
York State Environmental Conservation Law and regulations thereto,
including but not limited to:
[1]
Ignitable wastes, such as paint thinners, solvent-based
cleaners, degreasers (e.g., acetone, xylene) and gasoline.
[2]
Corrosive wastes, such as battery acid, metal
cleaning bath sludges (e.g., sodium hydroxide and sulfuric or hydrochloric
acid).
[3]
Reactive wastes, such as cyanide metal plating
sludges, or any waste that will react violently with water or generates
toxic gases, vapors or fumes (e.g., sodium metal).
[4]
EP toxicity wastes which produce an extract
containing contaminants, such as arsenic, lead, chromium, silver or
herbicides, or industrial process wastes, contaminated soil from a
spill or other solids containing any of the metals or organic materials
in excess of the concentrations listed in the state law and regulations
thereto.
[5]
Toxic wastes, such as sludges from solvent recovery,
solvents and the industry specific wastes listed in Part 371, Section
371.4(b).
[6]
Oil-based, alkalyd-based or enamel-based paint.
(Empty, dry paint containers are permissible.)
(2)
Dangerous, hazardous, chemically toxic wastes shall
be disposed of by the owner or producer of the same.
E.
It shall be the duty of every person, owner or occupant
of every property within the Town to keep such buildings free and
clear of all kinds of solid waste and to keep sidewalk and yard areas
clean.
F.
No dirt, stone, brick, concrete, railroad ties or
other substance that may accumulate as a result of building construction,
demolition, remodeling or repair operations shall be set out for collection
by the Department of Sanitation, but shall be otherwise disposed of
by the owner or contractor.
G.
The Town of Cheektowaga shall not collect or accept
waste oils.
[Amended 2-26-2007 by L.L. No. 2-2007]
[Added 5-19-2008 by L.L. No. 4-2008]
The owner of the premises where the solid waste
is generated shall be responsible for ensuring compliance with the
provisions of this article.
A.
The collection and disposal of solid waste shall be
under the supervision and control of the Sanitation Department and
the Recycling Contractor.
B.
The General Crew Chief of the Sanitation Department,
or his designee, shall be empowered to designate the days and hours
of collection and to make rules and regulations concerning all matters
pertaining to the collection and disposal of solid waste.
C.
The collection and disposal of recyclable waste shall
be under the supervision and control of the Town of Cheektowaga and
the Recycling Contractor.
D.
The General Crew Chief of the Sanitation Department
or his designee shall be empowered to designate the days and hours
of collection and to make rules and regulations concerning all matters
pertaining to the collection and disposal of recyclable rubbish.
E.
Sanitation Department officials, Police Department
officers and Code Inspectors are authorized to enforce the provisions
of this chapter. Sanitation Department officials, Police Department
officers and Code Inspectors shall also be authorized to issue informational
notices, warning notifications, violation notices, summonses and appearance
tickets under this chapter.
[Amended 5-19-2008 by L.L. No. 4-2008; 7-7-2014 by L.L. No.
5-2014; 6-15-2015 by L.L. No. 4-2015]
[Amended 2-26-2007 by L.L. No. 2-2007; 5-19-2008 by L.L. No.
4-2008]
A.
Whenever a Sanitation Department official, Police Department officer
or Code Inspector finds that there has been a violation of this chapter,
he/she shall issue a violation order, summons or appearance ticket
to the property owner or other person responsible.
[Amended 6-15-2015 by L.L. No. 4-2015]
B.
Violations of any of the provisions of this chapter shall be punishable
as follows:
[Amended 6-15-2015 by L.L. No. 4-2015]
C.
In the event of succeeding and continuing violation(s)
of this chapter, any person who shall be convicted of violating or
failing to comply with the provisions of this article, except unauthorized
dumping and unauthorized scavenging, shall, at the direction of a
court of competent jurisdiction, be punishable by a fine of not more
than $250 or imprisonment for not exceeding 15 days, or by both such
fine and imprisonment. The continuation of such violation(s) for each
successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of a violation
shall be punishable as above for each separate offense.
D.
Violation orders/summonses or appearance tickets may be served as
follows:
[Amended 6-15-2015 by L.L. No. 4-2015]
E.
In addition to the financial penalties imposed above,
the Sanitation Department official shall have the discretion to refuse
to collect the materials which are improperly separated and/or prepared
and/or placed for collection. He/she may provide for pickup of said
materials on the next scheduled collection date for that area or at
such other time as he/she deems reasonable, provided that the appropriate
rules and regulations pertaining to the materials collected are fully
complied with.
F.
Unauthorized dumping shall be punishable by a mandatory
fine of $1,000.
G.
Scavengers are subject to a mandatory fine of $250.
A.
The declaration of any section of this article by
a court of competent jurisdiction to be invalid shall not invalidate
the entire article, but only that part thereof so declared to be invalid,
and the remainder of said article shall remain in full force and effect.
B.
Any and all laws, rules, regulations or ordinances
affecting the collection of refuse and recyclables in the Town of
Cheektowaga are hereby declared to be superseded by this article.