Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 8-24-1992 by L.L. No. 4-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Sale of junk — See Ch. 121.
Littering — See Ch. 127.
Discarded or unused refrigerators — See Ch. 157.

§ 181-1 Purpose.

This chapter is enacted to preserve the long-range health, safety and welfare of the public and the economic productivity and environmental quality of the Town of Tonawanda by conserving resources and reducing potential pollution of the environment. It is also enacted to establish methods of collection, reduction and separation to encourage efficient utilization of waste disposal facilities and effective reuse of wastes.

§ 181-2 Definitions.

[Amended 4-8-2002 by L.L. No. 1-2002; 3-13-2006 by L.L. No. 3-2006[1]]
As used in this chapter, the following words, terms or phrases shall have the meanings indicated:
AGRICULTURAL USES
The development and cultivation of the soil for the planting of trees, fruits, vegetables or flowers.
APPEARANCE TICKET
Written notice, issued and subscribed to by a duly authorized person, directing a designated person to appear in a designated local criminal court at a designated future time in connection with an alleged commission of a designated offense. A notice conforming to such definition constitutes an appearance ticket regardless of whether it is referred to in some other provision of law as a summons or by any other name or title.
ASH RESIDUE
The noncombustible constituents of waste remaining after combustion or incineration (e.g., residue from a fireplace).
CANS
Empty containers composed of aluminum, tin, steel or any metal alloy which formerly contained only nonaerosol edible substances or such empty metal containers as have been approved by the recycling regulations.
CARDBOARD
Heavy paper items normally used for packaging, mailing, shipping or containing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled heavy paper items.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer of the Town of Tonawanda.
[Amended 3-26-2007 by L.L. No. 2-2007]
COLLECTION
The act of picking up waste material from the public right-of-way abutting homes, businesses or industrial sites.
COMPOST
Organic material which may be reduced to humus through organic activity.
COMPOSTING
A process through which organic material such as grass and leaves is reduced to humus through organic activity.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste material from building, remodeling, repair and/or removal of homes, office buildings, industrial plants and schools, including but not limited to wood scraps, metal, concrete, brick, block, wire and industrial packaging material.
CONTRACTOR
Any person who contracts to supply certain material or to do certain work for a stipulated sum.
DOMESTIC ANIMAL WASTE
The waste material discharged from the alimentary canal of animals.
ECONOMIC MARKETS
For purposes of this chapter, the term "economic markets" refers to instances in which the full avoided costs of property collection, transportation and disposal of recyclable material are equal to or greater than the cost of collection, transportation and sale of recyclable material less the amount from the sale of said material.
EXTRACTION PROCEDURE (EP) TOXICITY TEST
A series of laboratory tests designed to determine the level of toxicity in solid waste or landfill material.
GARBAGE
All toxic refuse, animal and vegetable matter, offal from meat, fish and fowl, vegetables and fruits and parts thereof (and material ordinarily used for food which has become unfit for such use or which for any reason has been discarded), including market refuse and waste from the handling, storage or sale of produce.
GARDENING OR LANDSCAPE USES
The development and cultivation of herbs, fruit, vegetables and flowers.
GENERATOR
Any person responsible for originating, producing or placing for collection any waste material, garbage, nonrecyclable rubbish or trash or recyclable material.
GLASS CONTAINERS
All clear (flint), green and brown (amber) colored glass containers, excluding crystal, ceramic, light bulbs, plate, window, laminated, wired or mirrored glass and glass cookware.
LARGE HOUSEHOLD FURNISHINGS
Large and/or bulky articles actually used in the home which equip it for living, including but not limited to chairs, sofas, tables, beds and carpets.
LEAD-ACID BATTERIES
Type of electrical storage battery commonly used in automobiles and trucks.
MAJOR APPLIANCES
Large and/or bulky mechanisms ordinarily operated by gas or electric current, including but not limited to refrigerators, freezers, washers, dryers and stoves.
NEWSPAPER
Paper of the type commonly referred to and known as "newsprint" and distributed at stated intervals, usually daily or weekly, having printed thereon news and opinions and containing advertisements and other information or communication, excluding magazines, phone books, periodicals and papers that have a shiny or wax-coated surface.
NONRECYCLABLE REFUSE AND RUBBISH
All waste material discarded as useless or worthless trash, including but not limited to rags, sweepings, rubber, leather, crockery, shells, clothing, straw, dirt and ash.
PAINT
A substance composed of solid coloring matter suspended in a liquid medium and applied as a protective or decorative coating to various surfaces or to canvas or other material.
PERSON
Any corporation, firm, partnership, association, organization or other entity, as well as an individual.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, as defined by the recycling regulations, including but not limited to containers used for milk, detergent, apple cider, water, soft drinks and vegetable oil.
PRIVATE COLLECTOR
Any individual, partnership, corporation or other entity operating for profit who or which collects waste material, garbage, nonrecyclable rubbish and refuse and/or recyclable material from any property within the Town of Tonawanda.
PUBLIC RIGHT-OF-WAY
The land abutting a given premises between the sidewalk and curb or the land beyond the pavement or stone of a road, street, alley or highway but within the width of the road, street, alley or highway as surveyed or laid out in the records of the Superintendent of Highways.
RECYCLABLE MATERIAL
All material specified by the Town of Tonawanda for collection pursuant to this chapter and/or recycling regulations promulgated hereunder, including but not limited to cans, glass containers, newspaper and plastic.
[2]
RECYCLING REGULATIONS
Rules adopted pursuant to this chapter and as amended from time to time by the Superintendent of Highways to implement the program hereby established and known as the "Town of Tonawanda Recycling Regulations."
SILVICULTURAL USES
Development, cultivation and reproduction of trees.
SOURCE-SEPARATED
Waste material prepared for collection at the premises of generation.
SUPERINTENDENT OF HIGHWAYS
The Superintendent of Highways of the Town of Tonawanda.
TIRES
Rings or bands of rubber, either solid or hollow and inflated, placed over the rims of wheels to provide traction, resistance to wear or other properties, including the following:
A. 
Passenger car: sizes thirteen-inch, fourteen-inch, fifteen-inch and sixteen-inch.
B. 
Light truck: sizes sixteen-inch to nineteen-inch.
C. 
Semitruck: sizes up to and including 1124.5 series.
TOTE
A pestproof, permanent receptacle constructed of high-quality vinyl plastic which is airtight, watertight, and provided with an attached, tight-fitting cover which stores up to 100 gallons of garbage or nonrecyclable waste material, refuse and rubbish or recyclable material. Such a receptacle shall be suitable for semi-automated or automated collection methods and shall be approved for use by the Superintendent of Highways.
[Amended 11-19-2007 by L.L. No. 14-2007; 4-24-2017 by L.L. No. 2-2017]
TOWN BOARD
The Town Board of the Town of Tonawanda.
TOWN CLERK
The Town Clerk of the Town of Tonawanda.
TOWN JUSTICE
The Town Justice of the Town of Tonawanda.
USED OIL
Any motor oil previously used in machinery, but not including other petroleum fluids.
WASTE MATERIAL
Products and material to be discarded after use from any premises within the Town of Tonawanda, including but not limited to nonrecyclable and recyclable material.
YARD WASTE
Grass, leaves, brush, plants or dirt material from vegetable and flower gardens, lawns and yards or ash from fireplaces or wood stoves.
[1]
Editor's Note: This local law provided that it shall take effect on 8-14-2006.
[2]
Editor's Note: The former definition of "recycling container," which immediately followed this definition, was repealed 4-24-2017 by L.L. No. 2-2017.

§ 181-3 Establishment of program.

There is hereby established a program for separation, preparation for collection and collection of waste material generated in the Town of Tonawanda. The program shall be under the supervision of the Superintendent of Highways, who shall make rules and regulations for its implementation, subject to the approval of the Town Board. Such rules and regulations shall be known as the "Town of Tonawanda Recycling Regulations."

§ 181-3.1 Use of totes.

[Added 11-19-2007 by L.L. No. 14-2007; amended 4-24-2017 by L.L. No. 2-2017]
Totes conforming to the specifications of this chapter shall be used by the owners/occupants of all improved properties in the Town, whether residential or nonresidential, when storing and placing garbage and nonrecyclable waste material, refuse or rubbish for collection by the Town. The initial recycle totes will be supplied by the Town Highway Department to property owners pursuant to its recycle rules and regulations. Additional totes may be obtained by the property owner from the Superintendent of Highways at a cost to be established by the Town Board. The Superintendent of Highways is hereby authorized to and shall promulgate rules and regulations describing the procedure which must be complied with in order to obtain a tote. The manner in which the cost of the additional tote(s) is to be paid by the property owner shall also be established by the Town Board.

§ 181-3.2 Ownership of totes.

[Added 4-24-2017 by L.L. No. 2-2017]
Such totes shall at all times remain the property of the Town of Tonawanda.

§ 181-4 Preparation of waste material for collection.

[Amended 1-25-1999 by L.L. No. 1-1999; 4-8-2002 by L.L. No. 1-2002; 3-13-2006 by L.L. No. 3-2006[1]]
All garbage and waste material in the Town of Tonawanda placed by owners/occupants of residential and nonresidential property for collection by the Town of Tonawanda in accordance with this chapter shall be placed in the public right-of-way abutting the premises where said garbage and waste material is generated and shall be prepared as follows:
A. 
Garbage and nonrecyclable waste material, refuse and rubbish or recyclable material shall be placed in a tote which conforms to the specifications of this chapter. Domestic animal waste shall be thoroughly wrapped in dry paper or other similar dry substance and placed in a tote. Similarly, carcasses and hides of wildlife should also be disposed of in this manner.
[Amended 3-26-2007 by L.L. No. 2-2007; 11-19-2007 by L.L. No. 14-2007; 4-24-2017 by L.L. No. 2-2017]
(1) 
While being stored in the tote, prior to collection, the lid of the tote shall be tightly closed.
(2) 
After the tote is placed in the public right-of-way for collection, the lid of the tote shall be tightly closed.
(3) 
The owner/occupant of the property is not permitted to allow the tote to overflow. No garbage or nonrecyclable waste material, refuse or rubbish nor recyclable material shall be placed on top or outside of the tote.
(4) 
Construction and demolition debris or fill and yard waste placed in the public right-of-way for collection shall be placed in a tote, or in a disposable clear or translucent plastic bag which is air and watertight when closed by lacing, or may be tied in bundles in accordance with Subsection L herein.
(5) 
Every owner of property shall supply an adequate number of totes for the safe storage and/or disposal of garbage and nonrecyclable waste material, refuse and rubbish, and recyclable material as may be required by the occupants of the property.
(6) 
Prior to being placed in the right-of-way for collection, all totes shall be stored behind the front building line of any street unless specifically authorized by the Superintendent of Highways or the Code Enforcement Officer.
(7) 
The owner/occupant shall clean the tote as necessary to avoid noxious or offensive odors and to prevent rodent breeding and infestation.
B. 
Recyclable material shall be placed in recycling totes provided by the Town of Tonawanda as follows:
[Amended 4-24-2017 by L.L. No. 2-2017]
(1) 
Newspaper shall be placed in paper bags strong enough to contain it.
(2) 
Cardboard boxes shall be disassembled and flattened.
(3) 
Cans, glass containers and plastic containers shall be rinsed clean of original contents. Caps and rims shall be removed from glass containers.
(4) 
No material other than recyclable material prepared in accordance with this chapter shall be placed in a recycling tote.
C. 
Yard waste shall be placed for collection at the times and in the manner prescribed by the recycling regulations.
D. 
Brush and tree parts which result from work performed by the owner or occupant of a residence may be placed for collection by the Town of Tonawanda in the manner prescribed by the recycling regulations.
E. 
Nothing herein shall prevent any person from utilizing yard waste for compost, mulch or other agricultural, silvicultural, gardening or landscape use.
F. 
Construction and demolition debris which results from work performed by the owner or occupant of a residence may be placed for collection in the public right-of-way abutting the premises where said work was performed if placed in totes or tied in bundles.
G. 
Major appliances; large household furnishings.
(1) 
Major appliances or large household furnishings may be placed for collection on the scheduled waste collection day.
(2) 
It shall be unlawful for any person to discard or place any refrigerator or freezer in a public right-of-way for collection unless the door or doors of the same or the latching or locking mechanism on the door or doors of the same has been removed or dismantled.
H. 
All used oil and paint shall be placed in separate sealed containers, which shall be clearly labeled as to contents.
I. 
All lead-acid batteries shall be separated from other waste. Batteries must be clearly visible to waste collection personnel.
J. 
To reduce the risk of bodily harm, protruding nails, glass and/or other sharp objects shall be removed from all waste prior to being deposited in containers or bundled for collection.
K. 
All ash residue must be cooled, dampened and contained so as to reduce the risk of fire and personal injury.
L. 
No bundle prepared for collection shall exceed 72 inches in length, 38 gallons in volume or 60 pounds in weight.
[1]
Editor's Note: This local law provided that it shall take effect on 8-14-2006.

§ 181-4.1 Exemption from requirement to utilize tote.

[Added 5-22-2006 by L.L. No. 6-2006; amended 3-26-2007 by L.L. No. 2-2007; 4-24-2017 by L.L. No. 2-2017]
Owners/occupants of residential and nonresidential property in the Town of Tonawanda who utilize a private collector are exempt from the requirement to utilize a tote for the storage and collection of garbage, nonrecyclable and recyclable waste material. Any such owner/occupant shall be required to demonstrate to the satisfaction of the Superintendent of Highways or Code Enforcement Officer, or their designees, that the private collector has provided a receptacle for the storage and collection of garbage and nonrecyclable or recyclable waste material, which, at a minimum, is equal to a tote and is in compliance with the provisions of § 181-4 of this chapter.

§ 181-5 Collection of waste material.

The Superintendent of Highways shall designate the days and times for the removal of all waste material from the public rights-of-way, public roads, streets, highways and alleys in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore. On such designated days, it shall be lawful for any person to place within the public right-of-way abutting their premises waste material prepared in accordance with § 181-4 of this chapter, provided that their premises are subject to a garbage district tax.
A. 
All waste to be collected by the Town of Tonawanda shall be placed for collection by 7:00 a.m. on the designated collection day. The Town of Tonawanda hereby assumes no responsibility to collect waste that is placed for collection after 7:00 a.m. on the designated collection day.
B. 
No waste material shall be placed within the public right-of-way more than 24 hours prior to the designated collection time.
C. 
All totes shall be removed from the public right-of-way or other place of collection by the occupants of the premises where collected no later than 7:00 p.m. of the designated collection day.
[Amended 3-13-2006 by L.L. No. 3-2006[1]; 4-24-2017 by L.L. No. 2-2017]
[1]
Editor's Note: This local law provided that it shall take effect on 8-14-2006.
D. 
The Town of Tonawanda hereby assumes no responsibility to collect, and no person shall place in a public right-of-way, waste material not separated and prepared pursuant to the provisions of this chapter and the recycling regulations.
E. 
Public rights-of-way.
(1) 
No person shall place in a public right-of-way, and the Town of Tonawanda hereby assumes no responsibility to collect, the following waste material:
(a) 
Waste material generated outside the Town of Tonawanda or outside any garbage district of the Town of Tonawanda.
(b) 
Waste material generated on premises which do not abut the same public right-of-way where it is deposited for collection.
(2) 
The fact that waste material is in a public right-of-way shall be rebuttable prima facie evidence that such material was placed there by the owner or occupant of the premises abutting that public right-of-way.
F. 
No person shall accumulate or permit the accumulation of garbage and waste material upon property owned or occupied by said person for a period longer than seven days, except for holidays, Sundays, or extraordinary weather.
[Added 3-13-2006 by L.L. No. 3-2006[2]]
[2]
Editor's Note: This local law provided that it shall take effect on 8-14-2006.

§ 181-6 Amendments to recycling regulations.

The Superintendent of Highways is hereby authorized to promulgate and, from time to time, amend the recycling regulations, subject to the approval of the Town Board. Said amendments shall include, but not be limited to, regulations relating to the separation, preparation, placement and collection of waste material.

§ 181-7 Private collection regulations.

A. 
Source separation by persons utilizing private collectors. Any person(s) utilizing a private collector for the collection and disposal of waste material must separate recyclable material from nonrecyclable refuse and rubbish prior to collection by a private contractor. Said recyclable material shall include, but not be limited to, newspaper, cardboard, glass containers, cans and plastic containers. Recyclable material shall be prepared for collection according to the rules and regulations promulgated by the private collector responsible for the collection of said waste material.
B. 
Collection of recyclable material by private collectors. All private collectors authorized to collect waste material in the Town of Tonawanda shall provide collection services for all recyclable material for which economic markets exist to all customers for whom they provide waste material collection services.
C. 
Licensing of private collectors.
(1) 
Any private collector operating or desiring to operate within the Town of Tonawanda shall, within 90 days of the effective date of this chapter and prior to the first day of January of each year thereafter, register with the Town Clerk and apply for a license for operation. The term of the license issued to a private collector shall run from January 1 to December 31 of the year issued. Upon proper registration and payment of the required fees as set forth by the Town Board on an annual basis, the Town Clerk shall issue a license to the private collector, which license shall not be transferable. Such license shall not be effective until approved by the Town Board.
(2) 
At the time of registration and as a condition precedent to receiving a license, the private collector shall provide the Town Clerk, on a form prepared by the Town Clerk, the following:
(a) 
The name of the private collector, business address and telephone number.
(b) 
The name, address and telephone number of the persons having the largest ownership interest in the private collector.
(c) 
The name, address and telephone number of the officers of the corporation or general partners of the partnership, if applicable.
(d) 
A current listing of all collection sites which the private collector services within the Town of Tonawanda and the number of dumpsters or other trash receptacles serviced at such collection site, which listing shall be timely updated during the course of the year, as necessary, by the private collector.
(e) 
A recitation that the private collector shall refuse to accept for collection any waste material which has not been prepared for collection by the generator of the waste material in conformity with § 181-7A of this chapter.
(f) 
The quantity, by ton, of all garbage, nonrecyclable rubbish and refuse collected within the Town of Tonawanda during the twelve-month period prior to the date of issuance of the license. The name(s) and location(s) of the disposal site(s) must also be included.
(g) 
The quantity, by ton, and the type of all recyclable material collected within the Town of Tonawanda and delivered to a recycling facility during the twelve-month period prior to the date of issuance of the license. The name(s) and location(s) of the recycling facility(ies) must also be included.
(h) 
Such other information as the Town Clerk shall deem appropriate and necessary.
(3) 
Private collectors shall abide by this chapter and the recycling regulations, as amended from time to time by the Superintendent of Highways. Failure to comply with this chapter and such recycling regulations may result in revocation of the private collector's license pursuant to § 181-7E of this chapter.
(4) 
Any vehicles used by private collectors shall be watertight and equipped with airtight covers for such portions as are used for the transportation of garbage, nonrecyclable rubbish and refuse and/or recyclable material. The airtight covers shall be in place at all times the vehicle is in the Town of Tonawanda, whether empty or full, except during the physical act of collection.
(5) 
The name of the private collector operating any vehicle used for the transportation of garbage, nonrecyclable rubbish and refuse and/or recyclable material within the Town of Tonawanda shall be displayed on both sides of each such vehicle in a prominent and legible manner.
D. 
General regulations.
(1) 
Persons who utilize private collectors or who are not eligible to have their waste material collected by the Town of Tonawanda under the terms of this chapter shall have their garbage, nonrecyclable rubbish and refuse and/or recyclable material collected at least once a week, or more frequently when it is determined by the Erie County Board of Health, the Superintendent of Highways, Code Enforcement Officer or the Fire Inspector of the Town of Tonawanda that such additional collections are necessary to protect the public health, safety and welfare. The Town of Tonawanda is not required to collect any waste material, garbage, nonrecyclable rubbish and refuse and/or recyclable material from any person whose premises are not subject to a garbage district tax or who is otherwise required to utilize a private collector under the terms of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
(2) 
All dumpsters utilized by private collectors for the collection of waste material, garbage, nonrecyclable rubbish and refuse and/or recyclable material as required by this chapter shall comply with the regulations set forth in § 181-9 hereof and shall be located on private property and shall be in an area enclosed by fencing and screening to a height at least one foot higher than the dumpster. The fencing and screening shall be constructed of metal, wood or such other material as to completely hide the dumpster(s) from view and shall be further constructed to prevent access to the dumpster(s) by animals. The fencing and screening shall at all times be maintained in good repair.
(3) 
The fencing and screening of dumpsters shall be completed in accordance with Subsection D(2) within 90 days of the effective date of this chapter. Persons who are unable to comply with the fencing and screening requirements may file a written request for an exception thereto with the Code Enforcement Officer. An investigation of the requested exception will be conducted by the Building Department. At the conclusion of such investigation, the Code Enforcement Officer shall, within 45 days of the filling of the requested exception, render a decision granting, conditionally granting or denying the requested exception. The person seeking the requested exception shall bear the burden of demonstrating inability to comply with the requirements of this chapter.
[Amended 3-26-2007 by L.L. No. 2-2007]
(4) 
Private collectors shall operate their vehicles within the Town of Tonawanda so as to cause the least possible disruption to traffic flow on Town streets.
(5) 
A private collector's sticker shall be prominently displayed on each vehicle operated by or on behalf of the private collector authorized, by license, to collect waste material in the Town of Tonawanda.
(6) 
All private collectors licensed by the Town of Tonawanda shall agree to indemnify and hold harmless the Town of Tonawanda for any pending, threatened or actual claims, liability or expenses arising from the disposal of waste material by any private collector in violation of this chapter.
E. 
Denial, suspension or revocation of private collector's permit. When the Superintendent of Highways, Code Enforcement Officer and/or Town Clerk determines that a violation of this chapter or the recycling regulations, as amended from time to time by the Superintendent of Highways, may have been committed by a private collector or an applicant for a private collector's license, he/she may recommend to the Town Board that the private collector's application for license or the license be denied, suspended or revoked, as the case may be, or that the holder of said license be subject to a reprimand. Notice and an opportunity to be heard shall be provided as follows prior to the denial, reprimand, suspension or revocation of a private collector's license:
[Amended 3-26-2007 by L.L. No. 2-2007]
(1) 
Notice.
(a) 
The Town Clerk shall notify the affected applicant or licensee of the alleged violation in writing. The notice shall include the following:
[1] 
A statement of the condition allegedly violated, referring to the pertinent section of this chapter.
[2] 
A short and plain statement of the alleged violation.
[3] 
A statement of the time, place and nature of the hearing, the body before whom the hearing shall be held and the relief sought.
(b) 
The notice shall be personally served or sent by registered mail to the applicant's or licensee's last known address at least 10 days before the hearing date, with a copy to the Superintendent of Highways.
(2) 
Hearing.
(a) 
Hearings shall be held before the Town Board or a hearing officer designated by it within a reasonable period, which shall be at least 10 days after service of notice.
(b) 
The applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(c) 
In the event that the Town Board designates a hearing officer to hold the hearing, such hearing officer shall make findings of fact and transmit those findings to the Town Board within 30 days after the close of the hearing.
(d) 
Within 30 days after the close of the hearing or within 60 days after the close of the hearing in the event that a hearing officer holds the hearing, the Town Board shall:
[1] 
Determine whether the alleged violation of this chapter or recycling regulations has occurred; and
[2] 
If the Town Board determines that such a violation has occurred, decide whether an applicant's license shall be denied or whether an existing private collector's license be suspended, revoked or its holder reprimanded.
(e) 
The Town Board shall then promptly notify the applicant or licensee, in writing, of its determination.

§ 181-8 Interference with waste material set out for collection.

[Amended 3-13-2006 by L.L. No. 3-2006[1] ]
It shall be unlawful for any person not authorized to do so to remove the lid from any tote or to collect, molest or scatter any waste material, garbage, nonrecyclable rubbish and refuse and/or recyclable material set out for collection.
[1]
Editor's Note: This local law provided that it shall take effect on 8-14-2006.

§ 181-9 Dumpster regulations.

A. 
No dumpster shall be placed or located within any public right-of-way within the Town of Tonawanda by any person unless such person first obtains written permission from the Superintendent of Highways.
B. 
A dumpster shall be located in such a manner that it does not obstruct or interfere with the passage of vehicular or pedestrian traffic.
C. 
A dumpster must be equipped with a workable lid and reflectors or reflective tape on both ends and along the outer edges adjacent to a right-of-way. Reflectors shall be a minimum of three inches in diameter and reflective tape shall be a minimum in width of two inches. If reflectors are used, a minimum of three shall be affixed to both ends and a minimum of four shall be affixed on the sides. If reflective tape is used, the tape shall be a minimum of three feet in length on both ends and the sides.
D. 
The name, address and telephone number of the owner of the dumpster shall be conspicuously displayed thereon.
E. 
No garbage, nonrecyclable rubbish and refuse, recyclable material or other waste material, including but not limited to solid and liquid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase of serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment, shall be placed in a dumpster by any person.
F. 
Every dumpster must be watertight, and every dumpster and every dumpster area must be kept and utilized in a safe, clean and orderly manner and in such a manner as to minimize dust. The dumpster lid shall remain closed except when garbage, nonrecyclable rubbish and refuse and/or recyclable material and other waste are being loaded into the dumpster.
G. 
A dumpster shall be promptly removed or emptied when it is full.
H. 
No dumpster shall be removed or emptied prior to 7:00 a.m. or later than 9:00 p.m.
I. 
The Superintendent of Highways may impose such additional requirements, rules and regulations as he determines to be necessary in the administration of this section.

§ 181-10 Waste material generated by contractors.

A. 
All brush and tree parts removed by contractors must be removed from the premises by the contractor. Such brush and tree parts may not be placed within a public right-of-way, except temporarily if necessary in the course of the work which produced the brush and tree parts, and then for no longer than 24 hours immediately following the completion of the work.
B. 
All construction and demolition debris produced by contractors must be removed from the premises by the contractor as provided in § 181-12 herein. Said debris may not be placed within a public right-of-way except temporarily, if necessary, in the course of the work which produced said debris, and then for no longer than 24 hours immediately following the completion of the work.

§ 181-11 Ownership of recyclables placed for collection.

Commencing immediately with the time any person lawfully places any recyclable material within a public right-of-way for collection by the Town of Tonawanda, that recyclable material shall become the property of the Town of Tonawanda for the limited purposes expressed in this chapter; however, the Superintendent of Highways may, by recycling regulations, exempt from Town ownership such material or items as may be deemed without value, for which no economic market exists. No person who is not acting under authority of the Town of Tonawanda or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable material so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the Town of Tonawanda has refused to collect recyclable material because it has not been placed or prepared according to the provisions of this chapter, the person responsible for initially placing that material shall remove it from the public right-of-way as provided in § 181-16 herein.

§ 181-12 Removal of building material after construction.

[Amended 3-26-2007 by L.L. No. 2-2007]
Upon completion of any construction activity requiring a building permit, all construction and demolition debris left on any lot or premises within the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, shall be removed from said lot or premises by the contractor performing the construction activity within 30 days after final completion of the structure or termination of the construction activity. The Code Enforcement Officer shall, in his discretion, determine when the structure is complete or when construction activity has terminated. Failure to comply with this section may result in a proceeding against the contractor, owner, lessee, occupant or other person responsible for the waste material, as provided herein.

§ 181-13 Disposal of tires.

Tires will not be picked up or removed by the Town of Tonawanda or any district or agent thereof. The Town of Tonawanda may dispose of tires generated within the Town of Tonawanda, for a nominal charge per tire, only if tires are brought to the Town of Tonawanda Highway Department at a site designated by the Superintendent of Highways by recycling regulations and proof of residency or property ownership is provided. The fees for said disposal shall be established and periodically amended by the recycling regulations.

§ 181-14 Hazardous waste.

A. 
The Town of Tonawanda shall not collect dangerous, hazardous or chemically toxic wastes, including but not limited to the following:
(1) 
Dangerous wastes. Wastes that represent an immediate threat to the safety of employees of the Town of Tonawanda and/or the general public, including but not limited to waste with jagged or protruding objects, broken glass or nails.
(2) 
Hazardous wastes, as defined in the New York State Environmental Conservation Law and regulations pursuant thereto, including but not limited to:
(a) 
Ignitable wastes, such as paint thinners, solvent-based cleaners, degreasers (e.g., acetone or xylene) and gasoline.
(b) 
Corrosive wastes, such as containers of battery acid or metal-cleaning bath sludges (e.g., sodium hydroxide or sulfuric or hydrochloric acid).
(c) 
Reactive wastes, such as cyanide metal plating sludges or any waste that will react violently with water or which generates toxic gases, vapors or fumes (e.g., sodium metal).
(d) 
EP toxicity test wastes which produce an extract containing contaminants such as arsenic, lead, chromium, silver or herbicides or industrial process wastes, contaminated soil from a spill or other solids containing any of the metals or organic material in excess of the concentrations listed in state law and regulations.
(e) 
Toxic wastes, such as sludges from solvent recovery, solvents and the industry-specific wastes listed in the regulations of the New York State Department of Environmental Conservation Commission.
B. 
Dangerous, hazardous or chemically toxic wastes shall be properly disposed of by their owner or producer.

§ 181-15 Improper deposit of debris.

Any person who shall deposit or leave or cause any other person to deposit or leave in any public right-of-way, road, street, highway or alley in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, any waste, unless contained and prepared as specified in this chapter and within 24 hours prior to the designated collection time, shall be in violation of this chapter and subject to the penalties provided herein.

§ 181-16 Removal of uncollected waste material.

Where the Town of Tonawanda has not collected waste material because it was not placed or prepared in accord with the provisions of this chapter, the person who placed it for collection and the owner of the premises whereon the waste material was generated shall remove such material as soon as possible after the Town of Tonawanda has refused collection and, in any event, by 7:00 p.m. of the designated collection day. The failure to remove any such material by 7:00 p.m. on the designated collection day shall constitute a violation of this chapter.

§ 181-17 Maintenance of property.

It shall be the duty of the owner, lessee or occupant of every residence, store, dwelling or other building within the Town of Tonawanda, outside the corporate limits of the Village of Kenmore, to keep such residence, store, dwelling or other building, with all its appurtenances or parts thereof occupied by such occupant, clean and free from all kinds of flammable waste or waste that is easily ignited and to keep sidewalks and all yard areas on the occupied premises free, clear and clean of all waste material of any kind or description. The failure to abide by this duty shall be a violation of this chapter.

§ 181-17.1 Rodent control measures.

[Added 5-22-2006 by L.L. No. 6-2006]
A. 
No owner/occupant of residential and nonresidential property shall store, place or allow to accumulate any materials that may serve as food or harborage for rodents in a site accessible to rodents.
B. 
Firewood or woodpiles shall be stacked at least 12 inches above the ground, away from walls or fences, shall be reasonably secure and shall be stabilized in a structurally sound manner so as to avoid a risk of harm from collapse or movement.
C. 
No person shall feed in the open any domestic or wild fowl, birds or animals, except in such a manner as to prevent the scattering of feed or seed upon the ground or ground level, which can or will provide food for rodents, insects, vermin or other pests.
D. 
Owners of nonresidential property must have a rodent control program in effect which provides for abatement and control of rodents by a licensed exterminator.
E. 
Prior to the issuance of a demolition permit, the applicant for the permit must establish that a licensed exterminator has completed rodent abatement at the site or certify that the property is free from rodents or other vermin.

§ 181-18 (Reserved) [1]

[1]
Editor's Note: Former § 181-18, Storage of containers, was repealed 11-19-2007 by L.L. No. 14-2007.

§ 181-19 Reporting of violations.

All employees or agents of the Town of Tonawanda, including those engaged in the work of collecting waste, are hereby authorized to report each and every violation of this chapter to the Superintendent of Highways.

§ 181-20 Enforcement; appearance tickets.

[Amended 3-26-2007 by L.L. No. 2-2007]
A. 
The Superintendent of Highways, Code Enforcement Officer and such other persons as may be designated by resolution of the Town Board are hereby authorized and directed to enforce this chapter; to cause collections to be made according to this chapter; and to cause to be printed and distributed proper notice to each premises within the garbage district to notify persons governed by this chapter of the dates and times for waste collection and of the recycling regulations promulgated pursuant to this chapter.
B. 
The Superintendent of Highways and the Code Enforcement Officer or a person designated by him are hereby authorized to issue and serve appearance tickets with respect to violations of this chapter. An appearance ticket shall be served personally by the Superintendent of Highways or by a person designated by the Superintendent of Highways on the person designated as the person alleged to have committed an offense.

§ 181-21 Repealer.

Chapter 101, Garbage, Rubbish and Refuse, of the Town Code of the Town of Tonawanda is hereby repealed.

§ 181-22 Penalties for offenses.

[Amended 5-22-2006 by L.L. No. 6-2006]
A. 
Any violation by a person, firm or corporation of any provision of this chapter or the recycling regulations, as amended from time to time, shall be deemed a violation punishable by the following:
(1) 
First violation: a written warning;
(2) 
Second violation within 12 months of the first violation: a fine of $50;
(3) 
Third violation within 12 months of the first violation: a fine of $100;
(4) 
Fourth violation within 12 months of the first violation: a fine of $150; and
(5) 
Each subsequent violation within 12 months of the first violation: a fine of $250.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
D. 
The notice of violation shall state the date of the violation, the specific violation, the fine imposed and the date on which the violator may appear in the Town of Tonawanda Justice Court to contest the violation. The notice of violation shall be signed and affirmed by the Code Enforcement Officer or Superintendent of Highways, or their designees.
[Amended 3-26-2007 by L.L. No. 2-2007]
E. 
If a penalty imposed pursuant to this section remains unpaid for 30 days, the Town Board may authorize the Town Attorney to continence legal action to collect such fine.