Village of East Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of East Aurora as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 117.
Property maintenance — See Ch. 192.
[Adopted 9-21-1953 (Ch. 59 of the 1972 Code); amended in its entirety 6-2-2010 by L.L. No. 3-2010]
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED COLLECTORS
Those collectors who are issued a permit by the Village of East Aurora pursuant to the provisions of this article.
BULK ITEMS
Shall include, but are not limited to, furniture, mattresses and box springs, carpets, and other large appliances. Refrigerators, freezers, air conditioners and other appliances shall only be collected after the units have been modified by the resident to comply with the latest DEC and EPA regulations.
GARBAGE, REFUSE OR WASTE MATERIAL
Domestic household garbage, rubbish, refuse, plastic containers, glass, bottles, wastepaper, rags, ashes, plaster, and building materials (except such building materials as may have been left by a contractor working on the premises).
HAZARDOUS WASTE
Dead animals, explosives, tires, automotive batteries or parts, infectious waste, flammable liquids, pesticides, oils, solvents or other regulated hazardous materials.
LARGE HOUSEHOLD FURNISHINGS
Large and/or bulky articles used in the home, other than white goods as defined herein.
NONRESIDENTIAL UNIT
Premises or a portion thereof used for a commercial enterprise or a governmental use or institutional use.
PERSON
An individual, society, group, firm, partnership, corporation or association of persons, and the singular number shall include the plural number. Includes a lessee or other person in possession, as well as the owner of real estate.
RECEPTACLE
A container of not more than thirty-two-gallon capacity made of metal or vinyl, which is watertight and provided with a tight-fitting cover.
RECYCLABLE MATERIALS
Empty glass containers, empty plastic containers, empty cans, metal and wastepaper (including but not limited to newspapers, magazines, junk mail). The term shall not include leaves, tree parts, grass clippings or other yard waste; nor shall it include hazardous or toxic materials.
RECYCLING
The separate collection, processing, recovery and sale of metals, glass, paper, plastic and other materials which would otherwise be disposed of as solid waste.
RESIDENTIAL UNIT
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
SOLID WASTE
All decaying and rotting and nondecaying or rotting materials, including garbage, refuse and other discarded solid materials, including, but not limited to, solid waste materials resulting from industrial, commercial and agricultural operations, and from community activities. Liquids, semisolids and contained gaseous materials are hereby defined as solid waste. Solid waste shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents, dissolved materials in irrigation return flows, or other common water pollutants. In addition, solid waste shall not include hazardous waste.
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than 1/2 inch in diameter.
WHITE GOODS
All large and/or bulky metal major appliances used in the premises.
YARD WASTE
Grass, leaves, cuttings from shrubs, hedges and trees which are less than 1/2 inch in diameter.
A. 
Subject to the provisions of § 214-4, the Village or its designee shall provide for the collection and disposal of solid waste up to a maximum of four receptacles per week, per residential or nonresidential unit. All solid waste and/or recyclables accumulated by persons as defined herein shall be collected, conveyed and disposed of by authorized collectors, acting pursuant to a permit issued by the Village of East Aurora.
B. 
Persons whose units have over four receptacles per week must provide for their own collection and disposal of such excess solid waste. Excess amounts will not be picked up or allowed to be left at the curb. Persons with additional trash, above the four-receptacle limit, may purchase tags at the Village Clerk's office for a fee as set forth on the current fee schedule on file in the Village offices; one tag per receptacle or bundle.
C. 
The Village of East Aurora or its designee will not collect tree parts produced by commercial contractors. Tree parts produced by commercial contractors must be removed from the premises by the commercial contractor or by the owner of the premises.
D. 
The ownership of recyclable materials which have been placed at the curb for collection in accordance with this article shall vest in the Village of East Aurora. It shall be unlawful and a violation of this article for any person without authority from the Village to collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials. No person shall throw, dispose of, or dump, or cause or permit any other person to throw, dispose of or dump, any recyclable materials and/or solid waste of any kind within the territorial limits of the Village of East Aurora.
A. 
No person shall cart, dump, burn, deposit or otherwise dispose of, or cause to be carted, dumped, burned, deposited or otherwise disposed of, any solid waste or recyclable materials upon any public highway, street or other public place, or upon any private property except as provided for in this article or under the direction of the head of the Department of Public Works.
B. 
Except as otherwise provided for herein, no person shall deposit vehicular tires for collection by the Village or its designee.
C. 
No person shall place for collection for disposal by the Village or its designee any dangerous, hazardous or chemically toxic wastes, including, but not limited to, the following:
(1) 
Dangerous wastes: wastes that represent an immediate threat to the safety of Village employees.
(2) 
Hazardous wastes: wastes as defined in the New York State Environmental Conservation Law and regulations adopted pursuant thereto, including, but not limited to:
(a) 
Ignitable wastes, such as paint thinners, solvent-based cleaners, degreasers (e.g., acetone, xylene) and gasoline.
(b) 
Corrosive wastes, such as battery acid, metal cleaning bath sludges (e.g., sodium hydroxide, sulfuric or hydrochloric acid).
(c) 
Reactive wastes, such as cyanide metal plating sludges or any waste that will react violently with water (e.g., sodium metal), or generates toxic gasses, vapors or fumes.
(d) 
EP toxicity (extraction procedure) 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 law and regulations thereto.
(e) 
Toxic wastes, such as sludges from solvent recovery, solvents and the industry specific wastes listed in Part 371, Section 371.4(b) of the regulations enacted under the Environmental Conservation Law.
D. 
No person shall deposit construction debris for collection and disposal by the Village or its designee in excess of the limits set forth in § 214-2A hereof. The owner or contractor shall be responsible for the disposal of construction debris in excess of such limits.
E. 
Except as otherwise provided for herein, no person shall deposit for collection and disposal by the Village or its designee any waste motor oil.
F. 
No person shall deposit for collection and disposal by the Village of East Aurora or its designee any solid waste, bulky waste or recyclable materials unless the same is in receptacles or bundled as required by this article.
G. 
No person shall deposit for collection and disposal by the Village of East Aurora or its designee any solid waste that shall contain protruding nails, glass and/or other sharp metal objects that may inflict bodily harm to public workers and personnel or residents of the Village of East Aurora.
H. 
No person shall place for collection and disposal by the Village or its designee any solid waste or recyclable material which was not produced from the premises at which such solid waste or recyclable material is placed for collection and disposal by the Village or its designee.
I. 
Where real property is located both within the Village of East Aurora and outside of the Village of East Aurora, no person shall place for collection and disposal by the Village or its designee any solid waste or recyclable materials except that which was produced from a principal main structure located upon such property within the Village of East Aurora.
A. 
Each person who places items at the curb for collection and disposal by the Village of East Aurora or its designee shall separate solid waste from recyclable materials and prepare the same for collection and disposal in accordance with this article.
B. 
Garbage and rubbish shall be placed in watertight, non-rusting metal or heavy plastic containers for collection and disposal. Such receptacles shall not exceed thirty-two-gallon capacity and, when filled, shall not exceed 60 pounds in weight. The receptacles shall be so constructed as to hold their contents without leakage. Receptacles shall be used with tight-fitting covers at all times.
C. 
Recyclable materials shall be placed in suitable open-top containers or bundles as herein provided. Recyclable materials shall be separated for collection as follows:
(1) 
Newspapers shall be separated from other recyclable materials for separate collection and shall be securely tied in bundles or placed in paper bags not weighing in excess of 30 pounds.
(2) 
Each person shall provide separate and identifiable containers for the collection of glass, plastic, containers and tin cans. Such containers, when filled, shall not exceed 30 pounds, all glass, plastic containers and tin cans shall have the contents removed, be thoroughly drained of liquid and rinsed prior to being deposited for collection.
D. 
Yard waste produced by individual activity or efforts of the owner or occupant of the premises shall be placed in open-top receptacles not exceeding 30 pounds when filled, or be tied in bundles not exceeding 48 inches in length and 18 inches in diameter and weighing not more than 30 pounds.
E. 
Tree parts shall be neatly stacked, untied butt end toward the street, between the curb and sidewalk.
F. 
Construction debris placed for collection and disposal by the Village or its designee shall be placed in receptacles or tied in bundles not to exceed 48 inches in length and 18 inches in diameter and weighing not more than 60 pounds.
G. 
All white goods, large household furnishings, yard waste, bulky waste and tree parts from residential units may be placed at the curbline only on the scheduled collection days. It shall be the sole responsibility of the owner to dismantle white goods or large household furnishings so that they will not be a hazard to the public. Dismantled wooden furniture may be placed for pickup on regularly scheduled collection days as long as such wooden furniture is securely tied in bundles not exceeding 48 inches in length and 18 inches in diameter and weighing not more than 60 pounds.
A. 
On regularly scheduled pickup dates, the following materials shall be placed at the curb no more than 18 hours prior to such date, and not later than 6:00 a.m. on such date: solid waste, newspapers, glass, plastic containers and tin cans, white goods, yard waste and bulky waste.
B. 
On regularly scheduled pickup days for tree parts, tree parts shall be placed at the curb no more than 18 hours prior to such date, and not later than 6:00 a.m. on such date.
C. 
Receptacles shall be removed from the curb within 12 hours after being emptied.
A. 
Every person shall provide or cause to be provided receptacles for receiving and containing solid waste.
B. 
Receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article or that may have ragged or sharp ridges or other defects shall be promptly replaced or repaired. All receptacles shall be kept as sanitary as possible in view of the use to which they are put.
C. 
Any containers which shall be provided by the Village or its authorized collector shall remain the property of the Village or authorized collector. The replacement cost of such containers shall be determined by the authorized collector.
D. 
It shall be the duty of the owner, lessee or occupant of every store or other building within the Village of East Aurora, except dwellings, to keep all municipal solid waste and recyclable material containers inside the building on the occupied premises or in a suitable, completely enclosed structure constructed for that particular purpose of approved design from approved noncombustible building materials in accordance with the building regulations of the Village.
A. 
The provisions of this article shall be enforced by the Village Police Department.
B. 
The penalties for violation of any provision of this article shall be as follows:
(1) 
A violation of § 214-3C of this article shall be a misdemeanor punishable by a fine of up to $1,000. Each day that a violation exists shall constitute a separate and distinct misdemeanor.
(2) 
Any other violations:
(a) 
For a first violation: fine of $50.
(b) 
For a second violation: fine of $100.
(c) 
For a third and each subsequent violation: fine of $200.
C. 
Each day that a violation exists shall constitute a separate and distinct violation.
D. 
In addition to the above fines, the Superintendent of Public Works or designee shall have the discretion to refuse to collect materials which are improperly separated and/or prepared for pickup.
It shall be unlawful for any person, other than an authorized collector with a permit issued by the Village of East Aurora, to collect and/or dispose of any solid waste or recyclables within the Village of East Aurora, other than solid wastes and recyclables that are collected and disposed of by the East Aurora Department of Public Works.
A. 
All collectors must obtain a solid waste collection permit from the Village of East Aurora. The fee for such permit shall be set by the Village Board on an annual basis, and all permits shall be issued for a calendar year, or a portion thereof. There shall be no reduction in the fee for a permit issued after the beginning of any calendar year.
B. 
Collector's applications for a permit may be denied if the applicant has been adjudged or administratively determined to have committed one or more violations of this article during the preceding calendar year.
C. 
All authorized collectors acting under permits issued by the Village of East Aurora shall hold harmless the Village of East Aurora from any pending, threatened or actual claims, liability or expenses arising from the collection and/or disposal of solid waste and/or recyclable materials by the authorized collector in violation of this article.
D. 
Each collector who shall apply for a permit under this section shall state the manner of collection and the place and method of disposal of solid waste and recyclable materials from its customers. Each authorized collector shall maintain separate monthly records of solid waste and recyclable materials collected and disposed of by the authorized collector, which shall include the following information:
(1) 
The geographical area and number of units in which the solid waste or recyclable material was generated.
(2) 
The quantity, by ton, of solid waste and of each type of recyclable material collected.
(3) 
The quantity, by ton, of recycled material delivered to recycling facilities and the location of the recycling facilities.
(4) 
The quantity, by ton, of solid waste delivered to such facility.
E. 
Reports containing the information required as stated above shall be compiled and delivered to the Village of East Aurora, or other designated individual, for each reporting period which shall be no more frequently than quarterly.
F. 
Authorized collectors shall not accept for collection and/or disposal solid waste which has not been source separated.
A. 
When the Village of East Aurora shall determine that a failure to comply with this article has occurred, it shall deny, suspend or revoke the permit issued to the authorized collector, or subject such authorized collector to a reprimand or a fine as provided for herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of the permit or the issuance of a sanction, fine or penalty.
B. 
The Village of East Aurora shall notify the authorized collector having a permit of the alleged failure in writing.
(1) 
Such notice shall include the following:
(a) 
A statement of the condition allegedly violated.
(b) 
A short and plain statement of the alleged misconduct.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
This notice shall be personally served or sent by registered mail to the authorized collector at its address as listed in the application for the permit. Said notice shall be mailed at least 10 days prior to the hearing date.
C. 
The hearings shall be held before the Village Justice within a reasonable period, which shall be at least 10 days after service of notice.
D. 
The authorized collector may be represented by counsel at the hearing and may offer evidence and cross-examine the witness.
E. 
Within 20 days after the close of the hearing, the Village Justice shall:
(1) 
Determine whether the alleged failure to comply with such article has occurred; and
(2) 
If such failure has occurred, decide whether the authorized collector shall be subject to a fine or penalty, or whether the authorized collector's permit shall be suspended or revoked, or the authorized collector is subject to a reprimand.
F. 
The decision of the court shall be in writing and shall be in the form of an order.
G. 
The authorized collector shall be notified of the decision within five days of the issuance thereof, either by personal service or registered mail at the address shown in such authorized collector's application for a permit.
H. 
Nothing herein shall prohibit the disposition being made by stipulation, agreed settlement, consent, order of default or other informal method.
All portions of vehicles and containers used to haul, transport or dispose of solid waste or recyclable materials, including containers placed outside the property owned by persons as defined herein, shall be subject to inspection by the Village of East Aurora to ascertain compliance with this article.
A. 
The failure of an authorized collector under permit with the Village of East Aurora to collect and/or dispose of solid waste and/or recyclable materials, or the rendering of solid waste, and/or recyclable material collection and disposal by a nonauthorized collector, in violation of this article, shall be a misdemeanor punishable by a fine of not less than $500 and not more than $1,000, or by imprisonment for a period not exceeding 30 days, or both the fine and imprisonment. Each day such violation occurs or continues shall be deemed to constitute a separate offense.
B. 
Any penalties or damages recovered or imposed under this article shall be in addition to any other remedies available at law or equity to the Village of East Aurora.[1]
[1]
Editor's Note: The provisions of former Art. II, Collection of Recyclables, adopted 8-17-1992 by L.L. No. 4-1992 (Ch. 59A of the 1972 Code), have been incorporated into Art. I of this chapter, as amended.