[HISTORY: Adopted by the Town Board of the
Town of Liberty as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-9-1990 by L.L. No. 4-1990]
By the adoption of this article, the Town Board
of the Town of Liberty declares its intent to be to regulate, in a
manner consistent with the interest of the citizens of the Town of
Liberty, the dumping of garbage, rubbish, refuse and similar waste
material on lands within the Town and to provide for the disposal
thereof on established Town dumps. Garbage is a deleterious substance,
and garbage dumps emit obnoxious odors and fumes. Unattended private
garbage dumps and disposal areas attract rodents and vermin and become
breeding places for them. The process of burning garbage causes smoke
and oxidized garbage to be given off into the air which the community
breathes. All of these conditions can adversely affect the development
of the Town unless they are properly and carefully regulated. Therefore,
recognizing the above and the need of the community for an adequate
and well-regulated procedure for the disposal of garbage and rubbish
and in the exercise of its police power in these regards, the Town
Board of the Town of Liberty does hereby enact this article.
This article shall apply to dumping of garbage
and refuse upon all lands, public or private, within this Town outside
any incorporated Village.
The Town Board hereby establishes as a Town
dump or dumping ground and garbage and refuse disposal area the transfer
station owned by the County of Sullivan situate near the Hamlet of
Ferndale, which premises are described in a deed from Irving Steinkol
to the Town of Liberty, dated March 9, 1965, and recorded in the Sullivan
County Clerk's Office March 9, 1965, in Liber 691 of Deeds, Page 81,
and deeded to the County of Sullivan on November 3, 1989, and recorded
in the Sullivan County Clerk's Office on November 28, 1989, in Liber
1387 of Deeds, Page 619. The Town Board shall have the right to designate,
by resolution, other areas as Town dumping grounds and garbage and
refuse disposal areas.
[Amended 3-20-2006 by L.L. No. 2-2006]
A.
No person shall throw, deposit or place or permit
to be thrown, deposited or placed in or upon any public place or upon
any private property or upon any highways within the Town of Liberty,
except the lands designated as a Town dumping ground or within a lawfully
established garbage or refuse disposal facility or receptacle, any
item or items of garbage, refuse, trash, rubbish or litter such as
and including, but not limited to, bottles, cans, papers, fast-food
containers or wrappers.
B.
No person shall use any of the lands or highways within
the Town of Liberty as a dump or dumping grounds, except the lands
designated as a Town dumping ground or a lawfully established garbage
or refuse disposal facility, nor shall any person throw, dump, deposit
or place on such lands or highways or cause to be thrown, dumped,
deposited or placed on such lands or highways any waste material or
waste substances consisting of household garbage, refuse or trash,
commercial garbage, refuse or trash, agricultural garbage, refuse
or trash, industrial waste resulting from construction, manufacturing,
commercial or industrial processes, appliances, mattresses, furniture,
metals, wire, rubber products, tires, abandoned motor vehicles or
parts thereof, abandoned machinery, abandoned equipment, construction
and demolition debris, dead animals or any noxious or offensive matter,
nor shall any person dispose of or attempt to dispose of any such
materials, substances or matter by burying the same on such lands
or highways or by burning or incinerating the same on such lands or
highways, except in an incinerator located in an enclosed building
or structure, which incinerator has been approved by the New York
State Department of Health and/or the New York State Department of
Environmental Conservation and the Town of Liberty.
A.
No person shall deposit or cause to be deposited any
substance of any kind on premises established as a public dump of
this Town except at the places and in the manner directed by the person
in charge of the premises under the authority of the Town Board or
by a sign or signs erected upon the premises by the authority of the
Town Board.
B.
No person shall carry or leave or cause to be carried
or left upon the premises designated by the Town Board as dumping
grounds any automobile vehicle, machine, appliance or other article
or any part thereof unless the same shall have been dismantled and
compacted so as to permit the same to occupy a minimum of space.
C.
No person shall deposit or cause to be deposited on
premises established as a public dump of this Town any substance of
any kind which originated or was collected from outside of the Town
of Liberty.
All persons shall deposit all garbage in watertight
containers provided with tight covers which shall prevent the access
of flies, animals or rodents. These containers shall be of such size
and number as to provide storage for at least one day's accumulation
and, during the summer months, shall be emptied and cleaned once daily
where necessary and, during the remainder of the year, at least twice
weekly.
No person shall allow an accumulation of garbage,
offal or noisome substances upon the premises owned or occupied by
him or her, except for the purpose of being collected, and no garbage
or mixed refuse shall be burned in an open fire or in a metal basket,
can or drum in any part of the Town.
On each side of every refuse truck there shall
be legibly inscribed, in painted letters not less than three inches
high, the name and address of the owner of such refuse truck or of
the person, firm or corporation having the license. No decals or magnetic
signs will be permitted.
A.
No person shall engage in the business of collecting
garbage, offal, ashes, refuse, rubbish or noisome substances within
the Town of Liberty without first obtaining a license from the Town
Clerk and paying the appropriate fee. A fee must be paid per year
for each and every vehicle licensed for collection. The license year
shall be from January 1 to December 31 of each year.
B.
Every license issued by the Town Clerk pursuant to
this article shall be subject to the following conditions and to such
other reasonable conditions as may be imposed by the Town Board:
(1)
Vehicles used by licensed waste collectors in the
collection and transportation of garbage, mixed refuse or any other
kind of waste within the area of the Town of Liberty shall have watertight
enclosed bodies.
(2)
All vehicles used by licensed waste collectors shall
be available for inspection by the Town Board or any other person
or persons whom it may designate as its agent prior to the issuance
of any license pursuant to the provisions of this article.
(3)
Upon payment of the license fee for each and every
vehicle used in such collection and transportation as set forth in
this article and approval by the Town Board of the application therefor,
the Town Clerk shall issue a license to the owner, together with a
sticker, which shall be affixed to the windshield of each and every
such vehicle and on which shall be set forth clearly the official
number of such license with the words "Town of Liberty Refuse Collection
License."
(4)
Renewal licenses shall be issued in the same manner
and subject to the same conditions as original licenses and also subject
to any additional requirement for renewal of the license applied for.
(5)
No license or permit issued under the provisions of
this article shall be transferable.
(6)
The Town Board shall have the power to suspend or
revoke a license granted or renewed pursuant to this article for any
of the reasons as may be set out in this article.
Any person disposing of his or her own garbage
by carrying the same to Town-designated dumps shall hold or carry
such garbage in a leakproof metal container with an airtight metal
cover or a leakproof metal body, which metal container or body shall
be completely enclosed.
A.
No vehicle used in the collection or transportation
of garbage, refuse or waste matter shall stand overnight with said
matter in or on it.
B.
No such vehicle shall be parked or stored in a residential
district or public place when not being used in the actual collection
or transportation of said matter.
The Town Board shall have the right to prescribe,
by resolution, rules and regulations providing for the method and
manner of dumping, the time during which dumping shall be permitted
and any other rules and regulations required for the proper operation
of Town dumps. The transfer station shall be operated and controlled
by the County of Sullivan.
[Amended 10-18-2004 by L.L. No. 4-2004; 3-20-2006 by L.L. No. 2-2006]
A.
Any person committing any offense against the provisions of § 125-4 of this article shall be guilty of a misdemeanor punishable by a fine of not less than $500 and not exceeding $1,500, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. The continuance of an offense against any provision of § 125-4 of this article shall be a separate and distinct offense hereunder for each period of 24 hours the offense is continued.
[Amended 8-15-2016 by L.L. No. 2-2016]
B.
Any person committing any offense against any other
provision of this article shall be guilty of a violation punishable
by a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against any such provision of this article shall be a separate
and distinct offense hereunder for each period of 24 hours the offense
is continued.
C.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction any violation of this article.
[Added 10-11-1990 by L.L. No. 6-1990]
A.
Policy and purpose.
(1)
As provided in the regulations of this article, the
sanitary and safe disposal of garbage, refuse and rubbish is essential
to the public welfare, health and safety of the inhabitants of the
Town of Liberty.
(2)
The prompt and sanitary removal of all garbage, refuse
and rubbish is indispensable for the purposes of this article, particularly
for those seasonal establishments upon their cessation of the seasonal
operation.
B.
Duty of owner or operator. It shall be the responsibility
of the owner and the operator of any facility in the Town of Liberty
to comply fully with the regulations contained in this article and,
in particular, for those seasonal establishments upon the cessation
of activities for the season or otherwise.
C.
Time limit; performance of work by Town. Within three
days of cessation of operation or within three days of written notice
by the Code Enforcement Officer served personally on the owner or
operator or posted upon the affected premises, the garbage, refuse
or rubbish shall be completely removed and disposed of in accordance
with the regulations of this article, and the facilities shall be
properly cleaned and secured. Upon failure of the owner or operator
to comply, the Code Enforcement Officer may cause the work to be performed,
either by independent contractor or Town employees, at the sole cost
and expense of the owner or operator thereof, together with administrative
charges as hereinafter provided.
D.
Notice of charges.
(1)
Upon the completion of the removal of garbage, refuse
or rubbish by the Town, the Code Enforcement Officer shall serve a
bill upon the owner and the operator of the premises, if known; otherwise,
notice shall be mailed to the last known owner at the address as shown
on the records of the Town Assessor for the actual and necessary expenses
incurred by the Town in removing and disposing of such garbage, refuse
or trash, bringing the premises to the standards required by this
article, and an additional charge of 50% of such costs for administration
and supervision; together with a notice that, unless payment is received
in full within 30 days after the date of such bill, the same shall
be reported to the Town Board of the Town of Liberty for adding such
charges as an assessment to be levied against the premises upon which
the work was performed and that interest shall run at 12% per annum
from the date of rendering of the bill until such charges are paid.
The Town shall have the option to enforce payment in any other legal
manner that it may choose.
(2)
Upon serving the notice, the unpaid charges shall
constitute a lien upon the affected premises.
(3)
The Town Board may annually cause a statement to be
prepared setting forth the amount of each lien for garbage, refuse
or rubbish removal, the real property affected thereby and the name
of the person in whose name such real property is assessed. Such statement
shall be presented to the Town Board on or before the date other assessments
are required to be presented to the Town Board by law. The Town Board
shall levy the amounts contained in such statement against the real
property liable at the same time and in the same manner as Town taxes,
and such amounts shall be set forth in a separate column in the annual
tax rolls. The amounts so levied shall be collected and enforced in
the same manner and at the same time as may be provided by law for
the collection and enforcement of Town taxes.
E.
The imposition of a lien for payment of the charges
for the removal of garbage, refuse or trash shall not in any way constitute
a defense for any criminal proceeding brought under this article.
[Adopted 7-8-1996 by L.L. No. 4-1996]
It is the goal of the Town of Liberty to facilitate
the disposal of solid waste generated within the Town in the most
economical and environmentally acceptable manner and to reduce the
total amount of solid waste disposed of in the Town. It is the purpose
of this article to establish a source separation and recyclables collection
program within the Town to reach the goal of the most feasible recycling
of the Town waste stream, considering costs, marketability of recyclables
and public involvement. It is hereby found and determined that, in
order to ensure the greatest public involvement, such a program must
be made mandatory. This program is further designed to protect the
health, safety and general welfare of the Town of Liberty, New York.
For the purposes of this article, the following
terms shall have the meanings stated in this section:
Pure aluminum in any form, including but not limited to cans,
cooking utensils, aluminum foil and lawn furniture.
The Town Board of the Town of Liberty, New York.
Tree branches not exceeding two inches in diameter, twigs
and shrub and hedge clippings.
Large items and materials, including furniture, other than
aluminum yard furniture, house furnishings, large appliances, such
as refrigerators, stoves, washing machines and clothes dryers, and
automobile or other motor vehicle tires.
Grass, leaves and waste plant and dirt materials from vegetable
and flower gardens, lawns and yards and brush.
Cardboard shipping containers.
Any solid waste management plant or site owned and operated
by the Village or permitted to receive solid waste originating from
within the Town of Liberty.
The owner, agent, landlord, tenant or occupant of commercial,
industrial and institutional facilities. Establishments which contract
for the private collection of refuse are excluded from the program.
Any hazardous or toxic substance material or waste which
is or becomes regulated by any local or state governmental authority
or the United States Government.
Waste generated by any industrial process or operation.
A building or parcel of land having three or more dwelling
units.
Newsprint. It does not include glossy magazines or materials.
One or more individuals; any partnership; corporation, firm,
association, trust, estate or governmental entity; and any other entity
whatsoever.
A contractor providing collection of solid waste services
in the Town.
A contractor under contract with the Town of Liberty to provide
collection of recyclables subject to the terms and conditions of said
contract with the Town of Liberty, New York.
Clear (flint), green and brown glass bottles; jugs and jars;
aluminum, copper, stainless steel and brass; newspapers; corrugated
cardboard; tin cans; and high-density polyethylene (HDPE) containers,
such as those used for milk, oil, detergents, apple cider, etc. "Recyclable
materials" does not include plate glass, broken glass, window glass
or any other type of glass not specified in this definition nor recyclable
materials unsuitable for recycling because of secondary household
use.
Refers to that container available from and/or provided for
by the Town of Liberty as well as any other container that is made
of metal or plastic, having handles on the side and shaped so that
all materials flow freely when dumped and weighing not more than 30
pounds.
The rubbish and recyclable materials resulting from the normal
day-to-day operation of a household or business. "Refuse" may be generated
by a household, a business establishment or a public or quasi-public
facility. "Refuse" does not include rubble, bulk items, industrial
waste, collectible yard waste or any other material not covered under
this definition.
A building or parcel of land having no more than two dwelling
units.
A person residing in a residence.
Food wastes, including but not limited to table
cleanings; fruit, vegetable and animal parings and scraps; decaying
or spoiled vegetable, animal and fruit matter; and fallen fruit.
Any paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than certain HDPE or glass
containers defined in this section as recyclable materials and any
other household waste resulting from the use, consumption and preparation
of food.
Metal (other than pure aluminum, copper, stainless
steel or brass).
Miscellaneous waste material, including rags,
drugs, health aids and materials, sweeping, excelsior, rubber, leather,
cloth, clothing, magazines, paper (other than newspapers), waste materials
from normal maintenance and repair activities, pasteboard, crockery,
shells, dirt, filth, ashes, wood, glass (other than certain glass
bottles, jugs and jars defined in this section as recyclable wastes),
brick and other similar waste material. "Rubbish" does not include
recyclable materials, bulk items, rubble or any other material not
covered under this definition.
Waste material typically resulting from construction, demolition
and major renovation activities, including but not limited to waste
cement, concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles,
lumber, telephone poles, railroad ties, wooden pallets, doors and
door frames, windows and window frames and any similar material.
A.
The Board shall be responsible for collecting or causing
the collection of, on a regular basis, only those waste materials
which constitute refuse generated by a residence or establishment
within the Town of Liberty.
B.
The Board shall also be responsible for collecting
or causing the collection of any additional waste materials generated
by residences which the Town may announce will be collected on particular
days or during particular time periods. These additional waste materials
may include, for example, bulk items, trees, tree stumps and large
branches. The Board shall be responsible for collecting or causing
the collection of any such additional waste materials only on the
days or during the time periods announced by the Board.
C.
The Board shall not be responsible for collecting
any waste materials which have been placed or prepared in ways that
do not comply with all the provisions of this article. In particular,
the Board shall not be responsible for collecting waste materials
consisting of recyclable and nonrecyclable materials mixed together
or recyclable materials which have not been placed or prepared in
accordance with this article nor shall the Board be responsible for
the collection of waste materials generated other than from a residence
or establishment within the Town of Liberty.
A.
No person shall place any waste materials at or near
any curb, sidewalk, alley or street for purposes of collection other
than the following;
B.
No person shall place any rubbish at or near any curb,
sidewalk or street for purposes of collection unless that person complies
with the following requirements:
(1)
Each person shall provide and utilize disposable plastic
bags for disposal of rubbish. Any such bag shall be at least 1.5 mills
thick and sufficiently strong to contain the materials enclosed. When
filled, each such bag shall be securely tied and weigh no more than
30 pounds.
(2)
Each person shall utilize separate containers for
disposal of bagged rubbish. Any such container shall be made of metal,
plastic or other suitable material, shall have tight-fitting covers,
shall have handles on the top and sides and shall be shaped so that
all materials flow freely when the container is dumped. No such container
shall exceed 32 gallons in capacity, and, when filled, no such container
shall weigh more than 30 pounds.
(3)
Each bag of rubbish placed for collection shall be
free of recyclable materials and other materials not covered under
the definition "rubbish."
C.
No person shall place any recyclable materials at
or near any curb, sidewalk or street for the purposes of collection
unless that person satisfies the following requirements:
(1)
Recyclable materials shall be placed separately from
other refuse placed for collection.
(2)
Newspapers. Newspapers shall be piled and securely
tied with string/twine in bundles measuring approximately 36 inches
in length, 12 inches in height or shall be placed in paper bags strong
enough to contain them. Newspapers shall not contain magazines, glossy
advertising material frequently inserted in newspapers or any other
waste-type of paper. Newspapers shall be kept dry by appropriate means
until they are collected.
(3)
Glass, cans and containers.
(a)
Glass bottles, jugs and jars shall be rinsed
of original contents and shall have all neck rings, foil or other
metal removed. Paper labels may be left on bottles, jugs and jars.
(b)
Tin cans and high-density polyethylene (HDPE)
containers shall be rinsed of original contents and flattened. Paper
labels must be removed from such containers.
(c)
Recyclable glass, tin cans and HDPE containers
shall be separated and placed in one or more recyclable containers.
(4)
All metals such as aluminum, copper, stainless steel
and brass, as well as items consisting of mixed or composite metals,
shall be the responsibility of the person or establishment as herein
defined.
(6)
Newspaper and corrugated cardboard shall not be mixed
together and shall be placed adjacent to, on or on top of the recyclable
container for collection.
(7)
Glass, tin cans, HDPE containers, aluminum and other
recyclable metals may be placed in one or more recyclable containers
for collection.
(8)
No materials, other than recyclable materials prepared
in accordance with this article, shall be placed in a recyclable container
for collection.
D.
When the Board has announced that waste materials
other than refuse will be collected on particular days or during particular
periods, any person placing such waste materials at or near any curb,
sidewalk or street for purposes of collection shall comply with the
following:
E.
Refuse, as well as any other waste material which
the Board announces will be collected, shall be placed for collection
at or near a curb, sidewalk, alley or street after 5:00 p.m. on the
day before that designated for collection. There will be no callbacks
to collect refuse or any other wastes which are placed for collection
after 6:00 a.m. on the designated collection day.
F.
No person shall place any waste material at or near
any curb, sidewalk, alley or street other than the curb, sidewalk,
alley or street immediately in front or to the rear of the property
from which such waste material was generated.
G.
The placement of any waste material at or near a curb,
sidewalk, alley or street other than in compliance with the provisions
of this article shall constitute a violation of this article.
All empty refuse containers and any other empty
waste containers shall be removed from the curb, sidewalk, alley or
street where they have been placed as soon as possible after collection
and, in any event, no later than 9:00 p.m. on the same day as collection.
Empty refuse containers or other empty waste containers remaining
at or near the curb, sidewalk or street after 9:00 p.m. on the day
after the day of collection may be picked up and impounded by the
Town of Liberty.
When certain refuse and/or waste materials have
not been collected because those materials were not placed or prepared
in accordance with the provisions of this article, the person who
placed such materials for collection and the owner of the real property
adjoining the curb, sidewalk, street or alley where such waste materials
were placed shall remove those wastes from that location as soon as
possible after collection has been refused and, in any event, by 9:00
p.m. of the designated collection day. The failure to remove any uncollected
waste material by 9:00 p.m. on the designated collection day shall
constitute a violation of this article.
Whenever a person places refuse or other waste material at or near a curb, sidewalk, alley or street for collection without complying with all the provisions of this article or fails to comply with § 125-18, Placement of collectible materials, the Board may do either of the following:
A.
The Board may choose not to collect the refuse or
other waste material. In such case, the Board shall affix a notice
to the waste material which states the reason why that material was
not collected. The Board may also notify the property owner of the
property from which such uncollected waste material was generated
why such material was not collected. Such notice shall be either verbal
or written, as the Board determines is appropriate, and shall be provided
within a reasonable time period after collection of the material has
been rejected; or
B.
The Board may cause collection of the refuse or waste
material to be made, notwithstanding the fact that it does not comply
with the provisions of this article.
(1)
In such cases, the Board shall assess a special service
charge against the owner of the property from which such waste material
was generated.
(2)
Special service charges shall be accumulated and shall
be billed by the Town of Liberty. Any person subject to such charges
may make a written request for a hearing within 15 days after the
date of the bill for such charges. All hearings shall be on a date
and at a time and place determined by the Board. The hearing shall
be informal and shall be held before the Board or its designee. The
decision of the Board shall be final. Any service charges not paid
within 30 days after the Board's decision shall become a lien upon
the real property, superior to any other lien or claim, except the
lien of an existing tax assessment or charge imposed by the Town of
Liberty.
From the time any person places any properly
prepared recyclable materials at or near any curb, sidewalk, alley
or street for purposes of collection, those recyclable materials shall
become and be the property of the Town of Liberty or its authorized
agent (i.e., its recycling collector). No person who is not acting
under authority of the Town or its authorized agent shall collect,
pick up, remove or cause to be collected, picked up or removed any
recyclable materials so placed for collection. Each such unauthorized
collection, pick up or removal shall constitute a separate violation
of this article. An exception herein is recognized for the person,
resident or establishment who or which elects to remove any such item
from their property.
In order to effect an orderly implementation of this article, taking into account the present and future market conditions, availability of containers and other equipment and other factors which may bear upon the effectiveness of this article, the Village Board is hereby empowered to phase in the application of this article to recyclable materials produced by residences, commercial premises and/or multiple residences by public notice published in a newspaper of general circulation within the Town not less than 30 days prior to the date of application of this section to permit or exclude materials hereinabove defined in § 125-16, Definitions, or to add any other recyclable material.
Nothing in this article shall be deemed to prevent
any person from entering into a contractual agreement with a private
waste hauler for the removal of refuse and other waste materials generated
by that person or at property owned by that person.
The Board is authorized to establish an appropriate
procedure for selling or facilitating the sale or distribution of
recyclable containers.
The Board shall have authority to adopt whatever
regulations are consistent with this article and to continue to enforce
any existing regulations which are consistent therewith.
The Board, by resolution, may impose fees for
the collection of any refuse (other than recyclable materials), rubble,
bulk items or industrial waste. After any such fees are imposed, the
manner of implementation and collection shall be by regulation of
the Board, not inconsistent with the terms of the resolution imposing
such fees.[1]
Any person who commits a violation of this article
shall be punished as follows:
A.
For a first conviction: by a fine of not more than
$25.
B.
For a second conviction within one year: by a fine
of not more than $50.
C.
For a third conviction within one year: by a fine
of not more than $100 and/or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment
D.
For a fourth and each subsequent conviction within
one year: by a fine of not more than $250 and/or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
It shall be the duty of the Code Enforcement
Officer and/or any other duly authorized official to administer and
enforce the provisions of this article.
