[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 3-4-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
In order to protect and promote the health, safety and welfare of the people of the Village of Spencerport, the Superintendent of the Department of Public Works is authorized and directed to implement and enforce the provisions of this chapter controlling the storage, collection and disposal of refuse within the Village, to provide the public refuse collection and disposal services as defined and limited by this chapter and within the appropriations made therefor by the Village Board, to provide disposal of some types of refuse by recycling and to regulate and control the establishment, maintenance and operation of refuse collections. All services provided under this chapter shall be in compliance with all state and local environmental health statutes and regulations.
This chapter is adopted pursuant to § 10 of the Municipal Home Rule Law of the State of New York.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section unless different meanings are clearly indicated by the context:
- The residue of the combustion of solid fuels.
- Any tree trimmings.
- BUILDING REFUSE
- Any and all refuse or residue resulting directly from building construction, reconstruction, repair or demolition; from grading, shrubbing or other incidental work in connection with any premises; or from replacement of building equipment or appliances; which work is performed by the owner or resident.
- BULK REFUSE
- Discarded household furniture, bedding and mattresses, large appliances, lumber and other bulk household material not specifically prohibited by this chapter which is too large or too heavy to place in rolling refuse containers.
- COMMERCIAL REFUSE
- Refuse originating in and around commercial establishments, industrial establishments and institutions or multiresidential structures.
- COMMERCIAL USER
- An improved parcel of land which is designed for or occupied by a use other than a one-, two-, or three-family residence.
- CONSTRUCTION WASTE
- Waste resulting from the commercial operations of persons, firms or corporations engaging in the construction, reconstruction, demolition, excavation or repair of buildings, property or streets.
- The edge of the street.
- The Department of Public Works of the Village of Spencerport.
- A large metal container suitable for the storage and collection of refuse by commercial users or for the storage and collection of bulk refuse as determined by the Village.
- HAZARDOUS WASTE
- A solid waste, or combination of solid wastes, 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 in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed.
- INDUSTRIAL WASTE
- Any and all residue resulting directly from industrial or manufacturing operations. It shall not include refuse originating from office operations of an industrial establishment.
- INFECTIOUS WASTE
- Includes, but is not limited to, human and animal wastes, surgical wastes, blood and blood-product wastes, human tissues or parts, biological waste products and laboratory wastes which have come in contact with pathogenic organisms generated by organizations such as medical institutions, biological research organizations, laboratories and hospitals.
- An improved parcel of land which is designed for or occupied by a residential use with four or more single-family units per building and is considered rental property, or any improved parcel of land which is used as a group home, boardinghouse or tourist home.
- An owner occupying a premises which he or she owns or controls or a tenant or renter of such premises.
- The owner of a premises within the Village or another person who has agreed to be the owner's agent for purposes of fulfilling the owner's obligations under this chapter.
- PARCEL OF LAND
- A separately assessed lot, piece or portion of real property which is identified by a unique Tax Map number.
- A building or group of buildings constituting a single property and the lot or parcel of land on which such building or buildings are located.
- Materials designated by the Monroe County Department of Environmental Services. This list is available on the Monroe County website (www.monroecounty.gov) and on the Village's website and is also available at the Village Hall.
- The organized effort that removes designated materials that have a post-consumer use from the refuse stream.
- RECYCLING CONTAINER
- A Monroe County Department of Solid Waste container ("blue box") in which to place recyclables for Village collection, or a suitable container, clearly marked for recyclables only, which shall have a capacity of not less than 18 gallons nor more than 32 gallons. Cardboard boxes, paper barrels or paper bags are not suitable substitutes for recycling containers.
- All rejected or discarded putrescible or nonputrescible solid materials, including garbage, recyclables, rubbish and ashes, but not including body wastes, hazardous waste, industrial waste or infectious waste.
- REFUSE CONTAINER, ROLLING
- A ninety-five-gallon rolling container purchased from the Village of Spencerport. For pickup, these containers must weigh 150 pounds or less.
- RESIDENTIAL REFUSE
- Refuse originating in and around a residential premises.
- RESIDENTIAL USER
- An improved parcel of land which is designed for or occupied by a residential use with one, two or three single-family units and includes privately owned/rented condominium units.
- The uncontrolled removal of materials at any point in waste management.
- In the absence of a sidewalk, the point approximately five feet from the curb.
- STANDARD STICKER
- That item sold by the Village for the purpose of affixing to non-rolling refuse containers or plastic bags.
- SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS
- The Superintendent of the Department of Public Works of the Village of Spencerport or his/her designee. Should there not be a Superintendent of the Department of Public Works, the Village Board shall, by resolution, designate a person to assume the Superintendent of the Department of Public Work's duties and authority under this chapter.
- USER FEES
- Charges for recycling and charges for residential, commercial and multiresidential refuse collection, which shall include, but not be limited to, standard stickers, per-pound collection/disposal rate as relates to commercial and multiresidential users, certain bulk items, dumpster rental and Village truck rental.
The Department shall collect and dispose of all residential refuse and commercial refuse as further limited by this chapter, unless said user chooses to contract with a private refuse hauler. Such refuse shall be stored and prepared for collection by property owners and occupants in accordance with the provisions of this chapter. The Department shall not collect industrial, infectious or hazardous waste.
The Village Board may, by resolution, promulgate regulations covering the items of collection of refuse and the fees charged therefor and such other matters pertaining to the public collection and disposal of refuse as it may deem necessary, provided that such regulations are not contrary to the provisions hereof.
Refuse offered for collection by the Department shall be prepared for collection by the owner and/or the occupant of a premises as hereinafter provided.
All residential refuse for pickup shall be deposited in rolling refuse containers not weighing more than 150 pounds. The container must not be filled over its level of capacity. Any additional containers shall have the standard sticker attached. Said sticker must be visible from the street.
Properly prepared refuse will be collected from between the sidewalk and the curb in front of the residence where the refuse originated. No refuse, including recyclables, shall be placed between the sidewalk and the curb for collection more than 24 hours prior to the scheduled collection and any containers must be removed from the collection area no more than 24 hours after the scheduled collection. Any container(s) in addition to the rolling refuse container, as determined by the Village Board, shall be required to have a standard sticker(s) attached. Said sticker(s) must be visible from the street.
Commercial users. All commercial refuse shall be deposited promptly in a dumpster or in a rolling refuse container and shall not exceed the dumpster's level of capacity.
Recyclables. The Superintendent of the Department of Public Works may require that certain materials be prepared for collection separately from other refuse. Recyclables shall be placed between the sidewalk and the curb in front of the premises where such recyclables originated or shall be placed as so designated by the Superintendent of the Department of Public Works. Materials placed in the recycling container which are improperly prepared and materials deemed not recyclable will be considered in violation of this chapter and subject to a notice and order.
Ashes. Ashes shall be allowed to cool and shall then be deposited in a separate refuse container and must be placed between the sidewalk and the curb in front of the premises where such ashes originated. For containers containing ashes only, no standard sticker shall be required.
Bulk refuse. All bulk items to be discarded shall not be placed at the street edge more than 48 hours prior to the scheduled collection. All freezer and refrigerator doors shall be removed before such items are placed for collection.
Building refuse. Building refuse resulting from minor repairs that can be properly placed in a rolling refuse container shall be collected in the same manner as residential refuse. It shall be the responsibility of the owner of the property to make arrangements for the proper and legal collection and disposal of building refuse from major repair or remodeling that is too large or too heavy to be properly placed in rolling refuse containers. Based on availability, dumpsters may be rented from the Village at a rate established by the Village Board of Trustees.
Construction waste. It shall be the responsibility of commercial contractors to make arrangements for the proper and legal collection and disposal of waste generated during the construction process and such waste shall not be collected by the Village.
Lawn cuttings. Grass clippings will not be accepted for disposal.
Leaves. Leaves may be left in loose piles between the sidewalk and the curb for collection by the Village between October 1 and November 30 of each year only. In the event of a snow event requiring plowing, leaf pickup for that year may be suspended.
Brush. Brush will not be picked up with the regular household refuse. A separate schedule for the collection of brush will be established each year by the Department of Public Works. It shall be the responsibility of the owner and/or resident to place the brush between the sidewalk and curb for collection. When tree pruning or removal is performed by a contractor or tree surgeon, it shall be the responsibility of the contractor or tree surgeon to properly dispose of all debris related to this work. Brush must be placed with all large ends facing the same direction and against the flow of traffic.
Concrete, dirt, bricks and stones. Concrete, dirt, brick and stones shall require special arrangements with the Village prior to pickup. Subject to availability, short-term truck rental can be arranged upon payment of the fee specified by the Board of Trustees.
Each residential user and each commercial user from which refuse is collected by the Department shall purchase, from the Village of Spencerport, and use a rolling refuse containers or dumpsters sufficient in number to hold all refuse accumulating between scheduled collections by the Department.
Any person owning, conducting or being the resident manager or official of an apartment house or multiresidential complex or of a commercial or industrial enterprise in the Village shall, for the collection of garbage and rubbish, use dumpsters or similar devices or such other means approved by the Superintendent of the Department of Public Works and shall not permit an overflow or spillover from such or permit garbage or refuse to be placed in any way on such premises other than as permitted herein.
Rolling refuse containers or dumpsters for putrescible refuse which have holes through the sides or bottom or are bent, dented or damaged to the extent that they are not water- or flytight or vermin-resistant shall not be used for storing refuse. Containers shall be maintained at all times in a clean and sanitary condition.
Containers declared unfit or useless shall be replaced with new rolling refuse containers or dumpsters as herein defined.
Recycling containers ("blue boxes") shall remain at the premises and shall be used for the sole purpose of holding goods to be recycled.
No refuse shall be placed or stored on any premises within the Village except as permitted by this chapter. Such refuse shall be stored in a manner so as not to create a health hazard or public nuisance. Refuse shall not be placed or stored in the front yard setback, street, sidewalk or gutters or in any public place, except as directed herein or by the Superintendent of the Department of Public Works.
Rolling refuse containers and recycling containers will be placed for collection by the owner or occupant of the premises where such refuse originated between the sidewalk and curb.
The Department shall collect residential and commercial refuse and recyclables as defined by this chapter once each week. The Department shall collect bulk refuse as defined by this chapter as determined by the Superintendent of the Department of Public Works. All other collections will be made at a frequency as determined by the Superintendent of the Department of Public Works to be necessary and consistent with the public health. User fees shall be charged consistent with the frequency and quantity of collection.
Commercial users which elect to be served exclusively by private refuse collectors or commercial users which have had Department collection service discontinued because of nonpayment of commercial user fees shall provide refuse containers or dumpsters sufficient in number to hold all refuse accumulating between scheduled refuse collections and shall not allow refuse to accumulate on their property. Any substantial accumulation of refuse or wastes is hereby declared to be a sanitary health hazard and a public nuisance. Such commercial users must establish to the satisfaction of the Superintendent of the Department of Public Works that other refuse collection arrangements have been made and that refuse collection is being made at the frequency determined by the Superintendent of the Department of Public Works to be consistent with public health requirements.
Commercial users which produce industrial waste or infectious waste must be serviced exclusively by private refuse collectors, unless the owner establishes to the Superintendent of the Department of Public Works' satisfaction that such exclusive service is impractical and that the user will not offer any such industrial or infectious waste for Village collection. In such case, the Village will collect nonindustrial or noninfectious waste, provided that the user signs an agreement acknowledging that he understands the policy and will abide by such.
The user fees for recycling and collection of refuse placed for collection will be established by the Village Board and amended, as deemed necessary, by resolution of the Village Board.
All unpaid fees and charges for municipal or municipally contracted solid waste collection and/or disposal services, including penalties or interest, not paid as of May 1 of each year shall be added to the annual Village tax levy. Additionally, an administrative charge shall be assessed against each delinquent account and included in the re-levy. Such charge shall be established by resolution of the Board of Trustees.
The Board of Trustees shall annually cause a statement to be prepared setting forth each amount of solid waste disposal and/or collection fees in arrears as of May 1, a brief description of the property for which or in connection with which such solid waste services were provided and the name and address of the person or corporation liable to pay such amount. Such statement shall be presented to the Board of Trustees, which shall levy such amounts remaining unpaid on the date taxes are levied against the real property for which or in connection with which solid waste services were provided.
No person shall interfere with or remove or scavenge for material in any container which has been placed at the curb or in a dumpster by the owner or occupant for collection by the Department, bulk refuse excepted.
Litter containers placed outside for public use are to be used for the deposit of litter generated on the public right-of-way by pedestrians and motorists. The placing into litter baskets of refuse originating from homes, commercial or industrial establishments is prohibited.
No person shall place, or cause to be placed, any refuse for the purpose of disposal on any premises unless he or she is the owner or occupant of said premises.
The Superintendent of the Department of Public Works shall have the authority to abate any sanitary health hazard or public nuisance and charge the property owner the cost of the abatement.
The Superintendent of the Department of Public Works shall have the authority to suspend or revoke service to any property in the case of violations of this chapter. Such suspension or revocation shall only occur after a written notice of violation has been sent to the record owner of the property and the condition has not been corrected within 15 days.
Any person aggrieved by a decision or regulation of the Superintendent of the Department of Public Works arising out of this chapter shall have the right to appeal to the Village Board, who shall have the authority to confirm, modify or revoke such decision or regulation.
Any person, including a corporation, guilty of violating any provision of this chapter or the rules and regulations duly approved for enforcement and administration shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
This chapter shall become effective on June 1, 2016.