Town of Cornwall, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 80.
Littering — See Ch. 100.
[Adopted 6-14-1957; revised through 2-10-1967]

§ 94-1 Title.

This article shall be known as the "Regulations of the Town of Cornwall Refuse and Garbage Districts."

§ 94-2 Definitions.

As used herein, the following words shall mean and are hereby defined as follows:
COLLECTOR
The person designated by the Town Board of the Town of Cornwall to provide refuse and garbage collection in the district and disposal of the same.
GARBAGE
Any animal or vegetable matter capable of fermentation or decay.
OCCUPANT
Any person residing, living, or sleeping in or on the premises or having actual possession, use or occupancy of the premises or any person or entity in possession of or using any premises or part thereof whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.
[Added 8-5-2014 by L.L. No. 3-2014]
OWNER
Any person, persons or entity having legal or equitable title in any form whatsoever or any part thereof with or without accompanying actual possession, including persons or entities who have charge, care or control of any premises as agent of the owner or as a fiduciary, trustee, receiver, lessee or mortgagee in possession.
[Added 8-5-2014 by L.L. No. 3-2014]
PERSON
An individual, a partnership, an association or corporation.
PREMISES
Land, buildings or other structures, vehicles or parts thereof upon or in which the refuse or garbage is stored.
REFUSE
All solid wastes of a community other than garbage and body wastes, such as rags, paper, cardboard, shoes, ashes, small metal, rubber and wooden scrap and other material of the same general nature.

§ 94-3 Acceptable substances.

Except as qualified in § 94-4, refuse and garbage, as defined herein, shall be acceptable for collection.

§ 94-4 Unacceptable substances.

Not acceptable for collection are the following:
A. 
Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives.
B. 
Unusual quantities of materials resulting from the excavation for or the construction or repair of buildings or structures, such as earth, plaster, mortar or roofing material.
C. 
Leaves, yard clippings and tree and shrub trunks, limbs and branches.
D. 
Solid wastes resulting from industrial processes.
E. 
Ashes containing hot embers.
F. 
Materials which have not been prepared for collection in accordance with these regulations.

§ 94-5 Storage and preparation for collection.

Refuse and garbage shall be stored for collection as follows:
A. 
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight and easily washable containers which shall have close-fitting covers and adequate handles to facilitate collection and which shall be of not more than 32 gallons in capacity.
[Amended 9-8-2008 by L.L. No. 2-2008]
B. 
Ashes shall be kept dry and stored in fire-resistant containers with close-fitting covers. Such containers shall be not greater than 32 gallons in capacity and shall have a combined weight (container and contents) not exceeding 100 pounds.
[Amended 9-8-2008 by L.L. No. 2-2008]
C. 
Other refuse shall be stored in durable containers with close-fitting covers, except that bulky refuse may be packed and bundled together and firmly tied so as to be easily handled and not to exceed four feet in length nor 50 pounds in weight. Cardboard boxes shall be flattened and all such boxes, newspapers and other paper shall be firmly tied into bundles. No rubbish shall be stored in cardboard boxes.
D. 
All containers for refuse and garbage shall be kept in a proper state of repair, shall be kept free from nails and sharp edges and in a sanitary condition, and the contents kept in such condition that they may be readily removed.
E. 
Refuse for collection:
(1) 
From households shall be placed at the curb or street or roadside so that collections and containers will not interfere with the flow of traffic.
(2) 
From institutional, commercial and business establishments shall be placed on or at the rear of the premises or elsewhere on the premises as specially arranged with the collector.

§ 94-6 Days of collection.

Refuse and garbage shall be collected within the districts on Tuesdays and Fridays of each week except as follows:
A. 
If the collector is unable to make collection on the day specified therefor because of heavy snow, collection shall be made on the next day possible.
B. 
No collection shall be made on Sunday, New Year's Day, Independence Day, Labor Day, Memorial Day, Thanksgiving Day or Christmas Day, and in the event a day designated for collection falls on one of such holidays, collection shall be made on the following working day.

§ 94-7 Placement for collection.

Refuse and garbage shall be placed for collection not later than 6:00 a.m. on the day of collection. No refuse or garbage shall be placed for collection on or near the street curb earlier than the evening before the regularly scheduled day for collection, and all containers shall be removed therefrom to a place invisible from the street within eight hours after the same have been emptied except where such containers are kept within enclosed structures inside the street line of the property. All refuse and garbage not collected for failure to be placed for collection at the time required or refused collection by the collector for failure to meet the requirements of these regulations shall be promptly removed from the street curb to a place invisible from the street or to an enclosed structure within the street line.

§ 94-8 Requests for deviations.

Any request for deviation from the provisions of these regulations shall be submitted to the Town Board in writing for its consideration.

§ 94-9 Collection in District 2.

In District 2 only, when in the collector's judgment a private road and turnaround are of sufficient size, clearance and bed to permit use of the collector's truck, the collector will pick up refuse on private property.

§ 94-10 Penalties for offenses.

[Added 9-25-1989 by L.L. No. 4-1989; amended 8-5-2014 by L.L. No. 3-2014]
Any person, occupant or owner committing an offense against any of the provisions of this article shall be guilty of a violation and upon conviction thereof shall be punishable for each offense by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
[Adopted 1-14-1966]

§ 94-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Waste food, papers, dead animals or parts thereof, an oil waste or discarded wood, vegetable matter of any kind or any matter which shall be combustible or capable of fermentation or decay.
REFUSE
Waste metal, tin cans, ashes, cinders, glass, pottery, synthetic substances and fabrics and all discarded substances of a solid and noncombustible nature.
TOWN OF CORNWALL
The Town of Cornwall outside the limits of the Incorporated Village of Cornwall.

§ 94-12 Approval of vehicles required.

[Amended 9-25-1989 by L.L. No. 4-1989]
No person, partnership or corporation shall employ any vehicle to collect and/or transport garbage and/or refuse for a fee within the Town of Cornwall unless the vehicle used has been approved by the Town of Cornwall Superintendent of Public Works as provided for herein.

§ 94-13 Inspection of vehicles; permits.

[Amended 9-25-1989 by L.L. No. 4-1989]
The Town Superintendent of Public Works for the Town of Cornwall shall inspect every vehicle used to collect and/or transport garbage and/or refuse before it is so used and shall issue a permit for its use as an approved vehicle, provided that it meets his requirements. This permit shall be kept in the vehicle while it is being used to collect and transport garbage and refuse.

§ 94-14 Inspection fee.

[Amended 9-25-1989 by L.L. No. 4-1989]
The fee for inspection of any vehicle used to collect and transport garbage and/or refuse for a fee within the Town of Cornwall pursuant to this article, and which shall be paid prior to inspection of the vehicle, shall be established by resolution of the Town Board, and a schedule of fees shall be maintained on file in the office of the Town Clerk.

§ 94-15 Maintenance of vehicles; revocation of permits.

[Amended 9-25-1989 by L.L. No. 4-1989]
Any permit issued pursuant to this article shall be valid as long as the vehicle is maintained in accordance with approved standards. The Town Superintendent of Public Works shall revoke any permit in the event that he determines that a vehicle is not maintained in accordance with those standards.

§ 94-16 Penalties for offenses.

[Amended 9-25-1989 by L.L. No. 4-1989]
The owner of any vehicle used to collect and/or transport garbage and refuse within the Town of Cornwall, which vehicle does not have a permit issued by the Town Superintendent of Public Works, shall, upon conviction, be deemed to have committed an offense against this article and shall be punished by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both. In addition to the above penalty, the Town Board may maintain an action to restrain by injunction the violation of the terms of this article.

§ 94-17 Exclusion.

This article shall not apply to the collection and/or transportation of garbage and refuse by a resident of the Town of Cornwall so long as the garbage and refuse is from his residence.