[HISTORY: Adopted by the Board of Trustees
of the Village of Hamburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-6-1970 by §§ 8-3
through 8-7 of the 1970 Code]
No sunken places shall be filled in or made
land constructed with any materials containing an admixture of putrescible
animal or vegetable matter.
No person shall bring, deposit or leave exposed
within this Village any dead carcasses or other unwholesome or offensive
substance.
No swill, brine, urine of animals or any stinking
noxious or offensive liquid of any kind or any foul, filthy matter
whatever shall be allowed to drip, run or fall from or out of any
building, vehicle or structure into or upon any street or public place.
A.
Definition. For the purposes of this section, an "off-street
parking area" shall be construed to mean an area maintained by or
leased to the Village or maintained by private persons, firms or corporations
open to the public or the customers, invitees or licensees of a particular
business or group of businesses or maintained by churches, schools
or fraternal organizations open to and for the use of their members,
attendants, invitees or licensees.
B.
Deposits prohibited. No person shall throw, sweep
or deposit any dirt, refuse, garbage, rubbish or filth, including
but not limited to wastepaper, ashes, sweepings, dust, garbage, offal,
plaster, lint, rags, glass, wrappings, scrap materials or tin cans,
and leave the same on any sidewalk or within the limits of any street,
alley, public place, park, school grounds, playgrounds or off-street
parking areas or upon the banks of or in the Eighteen Mile Creek.
C.
Exception. It shall not, however, be unlawful to place
at curbs or between paved portions of the street and the public sidewalk
such materials as above in this section defined for collection by
public or private refuse and rubbish collectors.
[Added 6-15-1998 by L.L.
No. 3-1998]
Any person violating any of the provisions of
this article shall be guilty of a violation and, upon conviction thereof,
shall be punishable by a maximum fine of $250 or by a term of imprisonment
of not more than 15 days, or both.
[Adopted 7-20-1992 by L.L. No. 4-1992]
This article shall be known as the "Municipal
Solid Waste Law" of the Village of Hamburg.
A.
The reduction,
reuse and recycling of solid waste are important public concerns and
will aid in the protection and preservation of the environment, and
the Solid Waste Management Act of 1988 mandates passage of a source
separation ordinance or law to be passed by each local municipality
within New York State 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. The Village of Hamburg
establishes mandatory recycling within the Village of Hamburg will
be effective on September 1, 1992.
B.
Effective
March 1, 2016, all improved real property located in the Village of
Hamburg which receives solid waste and/or recyclable collection service
from the Village of Hamburg shall be assessed a one-time user fee
on the 2017-2018 Village tax bill to cover the cost of a garbage tote(s)
and/or a recycling container(s) as required by this Code. The cost
of said user fee shall be equal to the amount charged by the third-party
private contractor utilized by the Village for the purchase of garbage
totes and recycling containers in the Village of Hamburg and shall
be charged and levied upon such lot or land and shall bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers in the same manner as taxes. In the event that replacement
totes and/or containers are required, they shall be purchased directly
through the Village of Hamburg at a cost to be determined by the Village
of Hamburg.
[Added 3-21-2016 by L.L.
No. 4-2016]
C.
Should
any amount of said user fee be due and owing, including any late fees,
as of November 1 of the year in which the fee was issued, the property
owner shall be mailed an invoice in the amount of the tote fee and
penalty. Any amount of said bill, including fees and penalty charges,
not paid within 30 days of the date of the invoice shall become a
lien upon the real property, superior to any other deed or claim,
except the lien of any existing charge imposed by the Village of Hamburg.
[Added 12-18-2017 by L.L.
No. 5-2017]
[Amended 7-18-2016 by L.L. No. 6-2016]
As used in this article, the following terms shall have the
meanings indicated:
A person, individual, partnership or corporation or employee
or agent thereof authorized by contract or license with the Village
of Hamburg to collect solid waste from residential, commercial and
institutional properties as herein defined under the terms and conditions
of this article. In the event of the Village of Hamburg collection,
this definition shall include the governing body and employees thereof.
Cuttings from shrubs, hedges and trees which are less than
four inches in diameter.
Large items, such as sofas, upholstered chairs, mattresses
and box springs, but excluding large appliances (white goods), such
as refrigerators, stoves, dishwashers, washers, dryers, etc., which
are considered recyclable.
The Village of Hamburg Department of Public Works or those
collectors/haulers engaged in the collection of and/or transportation
of solid waste by the Village of Hamburg.
All properties used for industrial or commercial purposes,
including but not limited to retail and wholesale establishments,
apartments, trailer courts, offices, garages, gas stations, manufacturing
and repair establishments, banks, motels, restaurants and other similar
and related facilities.
Discarded building material, concrete, stones, earth from
excavations or grading and all other refuse matter resulting from
the erection, repair or demolition of buildings, structures or other
improvements of property.
Can, bin, box, bag or other unit used for storage of recyclable
materials or municipal solid waste.
Any solid waste management resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage or processing or disposal of solid waste or the recovery by
any means of any material or energy product or resource therefrom,
including recycling centers, transfer stations, processing systems,
resource recovery facilities, sanitary landfills, plants and facilities
for composting or landspreading of solid wastes, secure land burial
facilities, reprocessing and recycling facilities, surface impoundments
and waste oil storage, incinerators and other solid waste disposal,
reduction or conversion facilities.
Solid waste that is especially harmful or potentially harmful
to public health. This shall include, but not be limited to, explosives,
toxic materials and medical waste. For purposes of this article, hazardous
waste does not include small quantities of such waste available on
a retail basis to the homeowner (e.g., aerosol cans, pesticides, fertilizers,
etc.).
An organization or establishment devoted to the promotion
of a particular object or cause, including schools, religious institutions,
nursing homes and retirement homes, health facilities, governmental
facilities, libraries, fire halls, etc.
All putrescible and nonputrescible 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.
It 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, it shall not include hazardous waste.
Any individual, firm, partnership, association, corporation,
institution or other entity.
A person, firm, corporation or legal entity providing for
the collection of municipal solid waste and/or recyclable materials.
To operate in the Village of Hamburg, they shall be required to obtain
a license from the Village and be subject to the rules and regulations
of the Village.
Those materials specified by the municipality for separate collection
in accordance with recycling regulations. Such materials may include,
but are not limited to:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverage or other food or drink.
METAL CANSContainers fabricated primarily of steel and tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
GLASS FOOD AND BEVERAGE CONTAINERS— New and used glass
food and beverage containers which have been rinsed and are free of
food contamination, including clear (flint), green and brown (amber)
colored glass bottles and jars. Glass shall not include ceramics,
plate glass, auto glass, Pyrex®, leaded glass, mirrored glass
or flat glass.
PLASTIC FOOD AND BEVERAGE CONTAINERSIncludes high-density polyethylene (HDPE) and polyethylene terephthalate (PET), designated respectively as 1, 2 and 3 on the recycling code located on the containers.
NEWSPRINTAny common newspaper, including inserts.
CORRUGATED— Wood pulp-based material which is usually
smooth on both sides with a corrugated center, commonly used for boxes;
excludes material with a wax coating.
HIGH-GRADE PAPER— White and colored office bond, duplicating
paper, computer paper and other high-quality paper.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
LARGE APPLIANCES— Stoves, refrigerators, dishwashers,
dryers, washing machines, water heaters and other large appliances
and scrap metal, but excluding air conditioners, microwaves and televisions.
The above materials will be reviewed quarterly and will be modified
as the need arises by the Superintendent of Public Works or other
designated person.
The separation, collection, processing, recovery and sale
or reuse of metals, glass, paper, plastics and other materials which
would otherwise be disposed of as solid waste.
A rigid plastic container or bin, provided to the residents
by the Village of Hamburg, or other like metal or rigid plastic container
with drainage holes to be used solely for the placement of recyclable
materials as defined by this Code. When filled, this container should
not exceed 40 pounds in weight.
A Village-authorized container of a capacity of either 65
gallons or 95 gallons for the storage and collection of municipal
solid waste, including but not limited to garbage and nonrecyclable
refuse and rubbish. All refuse totes shall be owned by the Village
of Hamburg and will be assigned to residential units and/or buildings
and structures as more particularly set forth in this Code. Any refuse
tote assigned to a residential unit and/or a building or structure
shall remain at that residential unit and/or building or structure
and shall not be removed from same.
A person residing within the Village on a temporary or permanent
basis, but excluding persons residing in hotels or motels.
Properties used as primary dwellings.
The purposeful, systematic control of the storage, collection,
transportation, processing and disposal of solid waste.
Removing or separating recyclable materials from the municipal
solid waste stream at the point of waste generation.
Any rubber automobile or truck tires.
Cuttings from shrubs, hedges and trees which are more than
four inches in diameter.
Any person or legal entity which produces waste requiring
off-site disposal.
Used engine-lubricating oil and any other oil, including
but not limited to fuel oil, motor oil, gear oil, cutting oil, transmission
fluid, hydraulic fluid, dielectric fluid, oil storage tank residues,
animal oil and vegetable oil, which has been contaminated by physical
or chemical impurities, through use or accident, and has not subsequently
been re-refined.
Organic yard and garden waste, leaves, grass clippings, brush
and tree parts.
[Amended 7-18-2016 by L.L. No. 6-2016]
A.
No person shall permit any municipal solid waste to accumulate for
a period of longer than seven days upon property owned or occupied
by said person in the Village of Hamburg. Owners or occupiers of residential
property are hereby required to make accumulated municipal solid waste
available for collection as scheduled under the terms hereof.
B.
Residential properties which receive solid waste and/or recyclable
collection services from the Village of Hamburg are required to have
a refuse tote(s) and/or recyclable container(s). Single-family households
are required to have one refuse tote and one recyclable container,
and two-family households are required to have two refuse totes and
two recyclable containers. Such containers shall be stored behind
the front setback line of the building on the lot or shall be secured
in a separate structure located on the property approved by the Building
Inspector until placed to the curb for collection.
C.
An owner or occupier of a property that contains more than two dwelling
units, or property conducting commercial or institutional operations
and which receives solid waste and/or recyclable collection services
from the Village of Hamburg, shall be required to have a minimum of
two refuse totes and two recyclable containers or, in the alternative,
an appropriate number of said totes and containers as determined by
the Superintendent of Public Works that allows the owner/occupier
to comply with this Code. All municipal solid waste shall be kept
in closed refuse totes, or in dumpsters which have been approved for
such use on such property by the Building Inspector, until ready for
collection. Such containers shall be kept, until placed for collection,
behind the front setback line of the building on the lot or secured
in a separate structure on the lot approved by the Building Inspector.
D.
All municipal solid waste accumulated on any residential, commercial,
industrial and institutional property in the Village of Hamburg may
be collected, conveyed and disposed of by the authorized collector
in accordance with the provisions of this article. It shall be unlawful
for any person to collect and dispose of any municipal solid waste
within the Village of Hamburg except as provided in this article.
E.
All municipal solid waste accumulated on commercial and institutional
properties may be collected, conveyed and disposed of by authorized
collectors under contract with, or licensed by, the Village of Hamburg.
In such case where a commercial or institutional establishment contracts
directly with a collector, the fee or payment shall be a matter of
private agreement between the owners or occupiers and the collector.
When approved by the Village of Hamburg, owners of nonresidential
properties may collect, convey and dispose of privately generated
municipal solid waste by their own containers and/or trucks, provided
that they comply with the provisions of this article applicable thereto
and New York State Department of Environmental Conservation regulations.
A.
It shall be the duty of the owner, lessee or occupant
of every dwelling, store or other building within the Village of Hamburg
to keep such buildings free, clear and clean of all kinds of municipal
solid waste of any kind or description and to keep sidewalk and yard
areas free, clear and clean of all municipal solid waste of any kind
or description.
B.
It shall be the duty of the owner, lessee or occupant of every store
or other building within the Village of Hamburg, excepting dwellings,
to keep all municipal solid waste and recyclable material containers
inside the building on the occupied premises or in a suitable structure
considered for that particular purpose of approved design from approved
noncombustible building materials in accordance with the building
regulations of the Village, but nothing herein shall be construed
to require the alteration, modification or reconstruction of any existing
structure or portion thereof presently in use for such purposes in
the Village of Hamburg. Said structure shall be located behind the
front setback line of the building on the lot or shall be secured
in a separate structure on the lot approved by the Building Inspector.
[Amended 7-18-2016 by L.L. No. 6-2016]
Municipal solid waste generated or originated
within the Village of Hamburg which has been left for collection shall
be handled in the following manner: Prior to initial collection or
transport, source separation shall be required of each and every person
or party discarding municipal solid waste and/or recyclable materials.
Recyclable materials shall not be commingled with other solid waste
during collection, transportation or storage following collection.
Collectors shall refuse to collect municipal solid waste from any
person, residential, commercial, institutional or industrial property
or party who has clearly failed to source separate the recyclable
materials and/or who has not properly prepared the recyclable materials
to the specifications of the Village of Hamburg.
[Amended 7-18-2016 by L.L. No. 6-2016]
No person shall dispose of municipal solid waste or recyclable
materials except as follows:
A.
All municipal solid waste, including garbage and nonrecyclable refuse
and rubbish, shall be stored in a refuse tote or a dumpster as set
forth in this Code. All municipal solid waste and nonrecyclable refuse
placed into a refuse tote shall be placed either loosely, in a trash
compactor bag or in a clear plastic bag. The lids on all refuse totes
and dumpsters must be completely closed. No refuse tote shall exceed
150 pounds in weight when filled.
B.
All recyclable materials shall be placed in a recyclable container
as defined in this Code.
C.
From the time of placement of recyclable materials at the curb by
a resident for collection in accordance herewith, such recyclable
materials shall become and be the property of the Village of Hamburg
or its authorized agent. It shall be a violation of this article of
the Code of the Village of Hamburg for any person without authority
from the Village of Hamburg to collect, pick up, remove or cause to
be collected, picked up or removed any recyclable materials, and each
such collection, picking up or removal from one or more premises shall
constitute a separate and distinct offense in violation of the Code
of the Village of Hamburg.
D.
It shall be a violation of this article of the Code of the Village
of Hamburg for any person to place at the curb for collection any
can or container other than one which contains municipal solid waste
or recyclable materials.
E.
The Village of Hamburg will not collect any municipal solid waste
or recyclables from any residential, commercial, industrial or institutional
property within the Village of Hamburg where the municipal solid waste
and recyclables are not separated in accordance with this article.
Only authorized collectors shall collect, pick
up, remove or cause to be collected, picked up or removed any solid
waste recyclable materials so placed for collection. Where the authorized
collector 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. Nothing herein shall prevent
any person from making arrangements for the private collection, sale
or donation of recyclable materials prior to placement at the curbside.
A.
The Director of Public Works shall determine, subject
to the approval of the Board of Trustees, schedules for the collection
of construction and demolition debris, large appliances and bulkies.
B.
No person shall place or store construction and demolition
debris with municipal solid waste. The person creating construction
and demolition debris shall remove same and dispose of same in a sanitary
manner. In the event construction and demolition debris results from
work performed by an owner or resident individually, the debris may
be placed at the curb for pickup by the Village, except that the quantity
of such debris may not exceed 10 containers or bundles of not more
than 60 pounds each. Quantities of such debris in excess of the amount
stated shall be removed by the property owner or resident at his or
her expense.
C.
Any and all debris from work done by a contractor
must be removed by the contractor that did the work. The Village will
not collect any contractor debris.
D.
All large appliances or bulkies which are to be discarded
from a residence where the appliance or furnishing was actually in
use shall be placed by the owner of said appliance or furnishing at
the curb on the scheduled collection day for pickup by the Village.
It shall be the sole responsibility of the owner to dismantle the
appliance or furnishing so that it will not be a hazard to the public.
In this respect, doors shall be removed from the appliance or furnishing
before placing it at the curb for collection.
E.
The Village shall have no obligation to pick up and
remove any construction and demolition debris, large appliance or
household bulkies which were not used in a residence in the Village
of Hamburg.
B.
Village employees or equipment shall not enter private
property or structures in making collections.
C.
All municipal solid waste, recyclable materials, construction
and demolition debris, large appliances and bulkies to be picked up
must be at the curb no later than 7:00 a.m. on the day of collection,
and no material may be placed at the curb before 12:00 noon of the
day preceding the scheduled pickup day.
[Amended 4-23-2001 by L.L. No. 3-2001]
D.
Empty containers shall be removed from the curbline
or other places of collection by the occupants of the property before
the end of the day on which collection is made from the property.
A.
The Director of Public Works is authorized to provide
for the collection of brush and tree parts at such times and in such
manner as the Board of Trustees shall from time to time provide.
B.
The authorization provided for in the preceding subsection
shall apply only to brush and tree parts produced by the individual
activity or efforts of the owner or occupant of the property.
C.
Brush and tree parts produced by commercial contractors
must be removed from the property by the contractor or by the owner
or occupant of the property. Such brush and tree parts may not be
placed at or near the curb or street right-of-way, except temporarily
as may be necessary in the course of the work which produced the brush
and tree parts.
D.
The Village of Hamburg will not collect or remove
brush or tree parts produced by commercial contractors.
A.
All authorized collectors must obtain a solid waste
collection license from the Village of Hamburg. A fee for such license
shall be set by the governing body on an annual basis, and all licenses
shall be issued for the fiscal year, or such portion thereof.[1] There shall be no reduction in the fee for a license issued
after the beginning of any fiscal year. An authorized collector sticker
shall be prominently displayed on each vehicle operated by or on behalf
of the authorized collector.
[Amended 8-17-1998 by L.L. No. 4-1998]
[1]
Editor's Note: The current fee schedule is
included in the Appendix of this Code.
B.
Authorized collector applications may be denied if
the applicant or license has been adjusted or administratively determined
to have committed one or more violations of this article during the
preceding fiscal year. All authorized collectors licensed by the Village
of Hamburg indemnify and hold harmless the Village of Hamburg for
any pending, threatened or actual claims, liability or expenses arising
from waste disposal by the authorized collector in violation of this
article. Authorized collectors shall offer collection services for
all recyclable materials to all commercial, industrial and institutional
customers from whom they provide municipal solid waste services. Each
collector who shall apply for a license under this section shall state
the manner of collection and the place and method of disposal of the
municipal solid waste and recyclable materials from its commercial,
industrial and institutional customers.
[Amended 8-17-1998 by L.L. No. 4-1998]
C.
Records.
(1)
Each collector shall maintain separate monthly records
of solid waste and recyclable materials collected, transported or
disposed of by the authorized collector which include the following
information:
(a)
The municipality or geographical area and number
of units in which the solid waste or recyclable material was generated.
(b)
The quantity, by ton, of solid waste and of
each type of recyclable material collected.
(c)
The quantity, by ton, of recycled material delivered
to a recycling facility(ies) and the location of the recycling facility(ies).
(d)
The quantity, by ton, of solid waste delivered
to each facility.
(2)
Reports containing the information required as stated
above shall be compiled and delivered to the Village Director of Public
Works or other designated individual for each reporting period as
designated by the regulations, but which shall be no more frequently
than quarterly.
D.
Authorized collectors shall not accept for collection
municipal solid waste which has not been source separated in conformity
of this article.
When the designated public officials determine
that a failure to comply with this article may have occurred, Director
of Public Works shall recommend to the Village of Hamburg that the
authorized collector application or the license be denied, suspended
or revoked or its holder subjected to a reprimand or fine or that
the generator or originator of the solid waste or recyclable materials
be subject to sanctions, fines or penalties as described herein. Notice
and an opportunity to be heard shall be provided prior to the denial,
suspension or revocation of a solid waste license or authorized collector
permit or the issuance of a sanction, fine or penalty.
A.
The Director of Public Works shall notify the affected
generator, applicant or licensee of the alleged failure in writing.
The notice shall include the following:
B.
The notice shall be personally served or sent by registered
mail to the generator, applicant or licensee's last known address,
at least 10 days before the hearing date, with a copy to the Administrator.
A.
Hearings shall be held before the Village Justice
within a reasonable period, which shall be at least 10 days after
service of notice. The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses. Within 20 days after the close of the hearing, the Village
Justice shall determine whether the alleged failure to comply with
this article has occurred and, if the Village Justice determines that
such a failure has occurred, decide whether the generator or applicant
shall be subject to fine or penalty.
B.
Upon conviction of a violation by the Village Justice,
after a hearing or default in appearing by the alleged violator in
addition to any fine or penalty, the Director of Public Works may,
without further hearing, issue a reprimand, suspend the violators
authorized collector's license for a period not to exceed 90 days
from the date of suspension order or revoke the authorized collector's
license.
Disposition may be made by stipulation, agreed
settlements, consent order, default or other informal method, prior
to final determination by the Village Justice. The Village Justice
shall promptly notify the applicant or licensee, in writing, of his
or her final determination, decision or order.
All portions of vehicles and containers used
to haul, transport or dispose of municipal solid waste materials,
including such containers placed outside residential, commercial,
industrial or institutional sites, shall be subject to inspection
to ascertain compliance with this article.
No person shall cart to, dump or deposit any
municipal solid waste upon any property in the Village except under
the authorization, supervision and direction of the Director of Public
Works.
[Amended 10-3-2016 by L.L. No. 7-2016]
A.
The failure of any person engaged in the business of collecting municipal
solid waste and/or recyclable materials or rendering solid waste and/or
recycling services, who is not authorized by the Village or who collects,
picks up, removes or causes to be collected, picked up or removed
municipal solid waste or recyclable materials in a manner not in compliance
with this article, shall be guilty of a violation, punishable by a
fine of not less than $500 and not exceeding the sum of $5,000 or
by imprisonment for a term not exceeding 15 days, or both. Each day
such violation occurs or continues shall constitute a separate offense.
B.
Violations.
(1)
Failure of a waste generator to comply with the provisions in this
article designated as a violation shall be punishable as follows:
(a)
For the first violation: by a written warning clearly stating
the nature of the violation and a schedule of fines for future violations.
(b)
For the second violation within one year: by a fine of $50.
(c)
For the third violation within one year: by a fine of $100.
(d)
For the fourth violation and each subsequent violation within
one year: by a fine of $200.
C.
Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.
No penalties, fines, civil sanctions or other enforcement actions
will be commenced prior to October 17, 2016, in order to permit persons
regulated hereunder to come into compliance with this article.
The Director of Public Works, a police officer
or such other person as may be designated by the Board of Trustees
is authorized and directed to enforce these articles and to cause
collections to be made accordingly.
