[HISTORY: Adopted by the Town Board of the
Town of Cornwall as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-14-1957; revised through 2-10-1967]
This article shall be known as the "Regulations
of the Town of Cornwall Refuse and Garbage Districts."
As used herein, the following words shall mean
and are hereby defined as follows:
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.
Any animal or vegetable matter capable of fermentation or
decay.
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]
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]
An individual, a partnership, an association or corporation.
Land, buildings or other structures, vehicles or parts thereof
upon or in which the refuse or garbage is stored.
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.
Except as qualified in § 94-4, refuse and garbage, as defined herein, shall be acceptable for collection.
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.
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.
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.
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.
Any request for deviation from the provisions
of these regulations shall be submitted to the Town Board in writing
for its consideration.
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.
[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]
As used in this article, the following terms
shall have the meanings indicated:
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.
Waste metal, tin cans, ashes, cinders, glass, pottery, synthetic
substances and fabrics and all discarded substances of a solid and
noncombustible nature.
The Town of Cornwall outside the limits of the Incorporated
Village of Cornwall.
[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.
[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.
[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.
[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.
[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.
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.
