[HISTORY: Adopted by the Town Board of the
Town of Wheatland as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-6-1961 (Ch. 43 of the 1980 Code)]
This article shall be known as the "Garbage
and Rubbish Ordinance of the Town of Wheatland, Monroe County, New
York."
The purpose of this article shall be to protect
and promote the health, safety and welfare of the people of the Town
of Wheatland, Monroe County, New York, by controlling and regulating
the collection, transportation and disposal of garbage and rubbish
within the Town of Wheatland, Monroe County, New York.
As used in this article, the following terms
shall have the meanings indicated:
Includes waste food, papers, dead animals or parts thereof
and all waste or discarded wood, lumber or vegetable matter of any
kind, or any other matter which shall be inflammable or capable of
fermentation, evaporation or decay.
Includes any individual, society, club, firm, partnership,
corporation or association, and the singular number shall include
the plural number.
Includes waste metal, tin cans, ashes, cinders, glass, pottery
and all discarded substances of a solid and incombustible nature.
No person shall engage in the business of the
collection, transportation and disposal of garbage and rubbish, as
defined in this article, within the Town of Wheatland, Monroe County,
New York, without first obtaining a license for that purpose, to be
issued by the Town Clerk as herein provided.
[Amended 7-10-1980; 2-1-2007 by L.L. No. 1-2007]
Application for each such license, accompanied
by such fee as established by resolution of the Town Board and set
forth in the Schedule of Fees, shall be made to the Town Clerk, who
shall issue the same, subject to the following conditions and such
other conditions as may, from time to time, be imposed by the Town
Board:
A.
Any vehicles used by a licensee hereunder shall be
available for inspection by the Town Clerk or any other person or
persons designated by said Clerk for that purpose, to determine that
each such vehicle is equipped with an enclosed body of watertight
construction and, upon demand by said Clerk or designee, the applicant
shall furnish a statement in writing to that effect from the manufacturer
or installer of said equipment or by some other qualified person.
B.
As a part of each application or by a separate instrument
in writing each applicant shall represent that he has and will maintain
minimum liability insurance coverage upon each vehicle operating or
to be operated under said license in amounts of $500,000 for one person
and $1,000,000 for two or more persons for personal injuries, and
$100,000 for property damage arising out of any single accident.
C.
Upon approval of the application and payment of the
fee therefor, the Town Clerk shall issue the license, and at the same
time shall furnish to the licensee a metal plate for each vehicle
then or thereafter to be operated under the terms of said license,
on which shall be clearly inscribed the official number of such license,
with the words "Town of Wheatland, Garbage and Rubbish Collection
License," and which shall be affixed to a conspicuous and permanent
part of each such vehicle. In addition to the license fee herein provided,
each licensee shall pay to the Town Clerk the reasonable cost of supplying
each such metal plate.
D.
Notwithstanding any provisions to the contrary herein,
any licensee hereunder shall be entitled to use one service truck
which shall also have affixed thereto the metal plate required by
the preceding subsection.
E.
Any license issued hereunder shall be for a term not
longer than the first day of January next succeeding the date of issuance
thereof and shall not be transferable.
F.
Renewal licenses shall be issued in the same manner
and subject to the same conditions as those governing original applications
and also subject to such other and additional requirements as may
then be in force.
G.
The Town Board shall have the power to suspend or
revoke any license or renewal thereof issued pursuant to this article
for failure to comply with any of the terms and conditions of this
or any other section of this article and such other and additional
requirements as may be in force at the time of any such failure to
comply.
A.
Consent required for driveway use. No vehicle used
by any licensee shall travel into any residential driveway for the
purpose of collecting garbage or rubbish without the consent of the
owner or tenant of said premises.
B.
Receptacle handling. All receptacles containing garbage
or rubbish for collection shall be transported to the curb by the
licensee at or near the time for collection, and they shall be returned
by the licensee from the curb to their customary locations within
a reasonable time thereafter.
C.
Unloading of vehicle. No vehicles used in the collection,
transportation and disposal of garbage and rubbish, when not in actual
use, shall be permitted, parked or stored in any residential district,
nor shall any such vehicles at any time remain longer than 24 hours
without being completely unloaded.
A.
Notwithstanding any other provisions herein to the
contrary, any resident persons may transport their receptacles containing
garbage or rubbish for collection to the edge of their respective
properties abutting any street or highway, provided that all such
receptacles are suitably sealed or covered and, when necessary, watertight,
and provided further that, following collection, they shall be returned
to their customary locations within a reasonable time thereafter.
B.
No resident persons shall transport any garbage or rubbish beyond the boundaries of their respective premises by any means unless contained in receptacles of the type and quality described in Subsection A above and unless loaded and covered so that no part of the contents shall blow, leak or spill.
No person shall transport garbage or rubbish
within the area of the Town of Wheatland, regardless of the place
of origin, in any vehicle or receptacles unless they shall be so equipped,
covered and watertight to prevent the leakage or spillage of any of
their contents.
[Amended 1-19-1967; 7-10-80 by L.L. No. 3-1980]
Any person, firm or corporation committing an
offense against any provision of this article shall be punishable
as provided by the general penalty provisions of the Town of Wheatland.[1]
[Adopted 8-8-1991 (Ch. 80, Art. I, of the
1980 Code)]
This article shall be known as the "Solid Waste
Management Ordinance."
The Town Board of Wheatland finds that:
A.
Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed resource facilities.
B.
The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require that solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
This article is adopted pursuant to Chapter
541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of
1980 of the State of New York, as amended, in order to:
A.
Institute a plan for the management of recyclable
materials generated or originated in the Town of Wheatland to promote
the safety, health and well-being of persons and property within the
Town of Wheatland.
B.
Implement the express policy of the State of New York
encouraging solid waste reduction through recycling.
The definitions under this article shall be the definitions set forth in the Solid Waste Reuse and Recycling Law of the County of Monroe. (See the Appendix of Definitions at the end of this chapter.)
A.
Solid waste generated or originated within the Town
of Wheatland which has been left for collection or which is delivered
by the generator of such waste to a solid waste management facility
shall be disposed of as follows:
(1)
Prior to initial collection or transport, such solid
waste shall be source-separated into recyclable, reusable or other
components for which economic markets exist as provided in the rules
and regulations promulgated hereunder.
(2)
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection. The Town of Wheatland may order such exceptions as it
determines are in the public interest.
(3)
Authorized recycling facility.
(a)
All recyclable materials generated or originated
within the Town of Wheatland must be delivered to an authorized recycling
facility or handled through a waste stream reduction program.
(b)
No authorized recycling facility or waste stream
reduction program shall receive recyclable materials generated or
originated within the Town of Wheatland except as permitted by law.
B.
Disposal of solid waste which is barred from all authorized
facilities by rules, regulations or orders promulgated pursuant to
Section IV of this law[1] or by any other law, regulation or ordinance shall not
otherwise be regulated by this article.
[1]
Editor's Note: "Section IV of this law" refers
to the Solid Waste Reuse and Recycling Law of the County of Monroe.
C.
No hazardous waste may be delivered to an authorized
recycling facility.
A.
Only persons who are active under authority of the
county or an authorized hauler shall collect, pick up, remove or cause
to be collected, picked up or removed any solid waste recyclable materials
so placed for collection. Each such unauthorized collection, pickup
or removal shall constitute a separate violation of this article;
provided, however, that where the county or an authorized hauler has
refused to collect certain recyclable materials because they have
not been separated, placed or treated in accord with the provisions
of this article, the person responsible for initially placing those
materials for collection may and shall remove those materials from
any curb, sidewalk or street side.
B.
Nothing herein shall prevent any person from making
arrangements for the private collection, sale or donation of recyclable
materials, provided that recyclable materials to be privately collected,
sold or donated shall not be placed curbside on or immediately preceding
the day for collection of such recyclable materials. Any and all recyclable
materials placed in a county-supplied container at curbside or at
any designated collection place shall immediately become the property
of the county.
A.
License.
(1)
All authorized haulers must either obtain a solid
waste collection license from the Town of Wheatland or enter into
an authorized hauler contract with the county.
(2)
An authorized hauler sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized
hauler.
(3)
Authorized hauler applications may be denied if the
applicant or licensee has been adjudged or administratively determined
to have committed one or more violations of this article during the
preceding calendar year.
(4)
All authorized haulers licensed by the Town of Wheatland
shall indemnify and hold harmless the Town of Wheatland for any pending,
threatened or actual claims, liability or expenses arising from waste
disposal by the authorized hauler in violation of this article.
B.
Collection.
(1)
Authorized haulers shall offer collection services
for all recyclable materials to all residential customers for whom
they provide solid waste collection services at the same times and
on the same days as services are provided to their customers for solid
waste collection.
(2)
Each hauler shall develop and submit for county approval
a generic collection plan for collecting recyclable materials from
its commercial, industrial and institutional customers.
(3)
Authorized haulers shall not accept for collection
solid waste which has not been source-separated in conformity with
the regulations promulgated under Monroe County's Solid Waste Management
Local Law.
A.
When the designated public official determines that
a failure to comply with this article may have occurred, he shall
recommend to the municipality that the authorized hauler application
be denied or the solid waste license be suspended or revoked or its
holder subjected to a reprimand or that the generator or originator
of the solid waste or recyclable materials be subject to sanctions
or penalties as described herein. Notice and an opportunity to be
heard shall be provided prior to the denial of a solid waste license
or authorized hauler application, the suspension or revocation of
a solid waste license or the issuance of a sanction, fine or penalty.
B.
Notification.
(1)
The designated public official shall notify the affected
generator, applicant or licensee of the alleged failure in writing.
The notice shall include:
(2)
The notice shall be personally served or sent by registered
mail to the generator's, applicant's or licensee's last known address
at least 10 days before the hearing date, with a copy given to the
Administrator.
C.
Hearing.
(1)
Hearings shall be held before the Town Justice within
a reasonable period, which shall be at least 10 days after service
of notice.
(2)
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3)
Within 20 days after the close of the hearing, the
Town Justice shall determine whether the alleged failure to comply
with this article has occurred and, if the Town Justice determines
that such a failure has occurred, decide whether the generator or
applicant shall be subject to a fine or penalty, the application shall
be denied or an existing solid waste license or authorized hauler
status be suspended or revoked or its holder subjected to a reprimand
and issue an order carrying out this decision.
A.
Inspections and appearance tickets.
(1)
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers
placed outside of residences, shall be subject to inspection to ascertain
compliance with this article, the County Solid Waste Management Local
Law and the rules, regulations or orders promulgated pursuant to the
county law by any police officer, peace officer, code officer and
any other public official designated by the county or municipality.
(2)
Police officers, peace officers, code officers and
the specified public servants are hereby authorized and directed to
issue appearance tickets for violations of this article.
B.
Penalties.
(1)
Civil sanctions. The Town of Wheatland may commence
a civil action to enjoin or otherwise remedy any failure to comply
with this article.
(2)
Criminal penalties. In addition to the civil sanctions
provided herein, failure to comply with this law or the rules and
regulations promulgated hereunder shall be a violation as defined
in § 55.10 of the Penal Law, and penalties may be imposed
thereunder.
(3)
Any penalties or damages recovered or imposed under
this article are in addition to any other remedies available at law
or equity.
(4)
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to June 1, 1992, in order to permit
persons regulated hereunder to come into compliance with this article.
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.
