Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 8-26-1996 by L.L. No. 5-1996 (Ch. 69 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 205.
Nuisances — See Ch. 221.
Solid waste — See Ch. 283.
Storage containers — See Ch. 177.

§ 126-1 Legislative intent.

This chapter is adopted for the protection and promotion of the public health, safety and general welfare of the community by regulating the use, maintenance and operation of bulk garbage containers referred to as "dumpsters."

§ 126-2 Definitions.

As used within this chapter, the following terms shall have the meanings indicated:
DUMPSTER
A bulk storage container for garbage and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck or other conveyance for disposal.

§ 126-3 Annual dumpster permit required.

No person, partnership, corporation or other entity shall own, lease or arrange for the emplacement or use of a dumpster within the Village of Lancaster, unless a permit therefor shall be secured from the Village of Lancaster. Persons, partnerships, corporations or other entities which arranged for the emplacement or utilization of a dumpster within the Village of Lancaster as of the effective date of this chapter shall apply for a permit within 60 days of the effective date of this chapter. Although in accordance with § 126-4A(5), a permit may be issued for a lesser duration, no permit shall be granted for a period exceeding one year.

§ 126-4 Application for permit; fee.

A. 
An application for a permit pursuant to the provisions of this chapter shall be made upon the forms approved and made available by the Village of Lancaster. Application for a permit shall include but need not be limited to the following information:
(1) 
The name and address and phone number of the applicant and of the owner or owners of the parcel upon which the dumpster shall be situate and, if applicable, the lesser of the dumpster.
(2) 
A description or diagram of the locale of the dumpster.
(3) 
A description of the dumpster, which shall include its dimensions and capacity.
(4) 
The circumstances necessitating the use of the dumpster.
(5) 
The length of time the applicant intends to utilize the dumpster.
(6) 
The frequency with which the dumpster will be emptied.
(7) 
That the applicant has taken notice of and consents to the application of § 126-7 of this chapter.
B. 
All applications for permits shall be accompanied by a fee as set forth at Chapter 144 of the Code of the Village of Lancaster, New York.

§ 126-5 Location, use and conditional requirements.

A. 
No dumpster shall be located in or on a public right-of-way.
B. 
Garbage and other waste materials must be completely contained within the dumpster; no accumulation of garbage or waste materials will be permitted outside the confines of the dumpster.
C. 
Dumpsters shall be kept in good repair, be structurally sound, be leakproof and be easily opened and closed. Dumpsters shall be painted as required to prevent the show of rust and deterioration.
D. 
Dumpsters shall be positioned and constructed so as to stand firmly upright.
E. 
The name and phone number of the holder of the permit issued pursuant to § 126-3 of this chapter shall be printed clearly and legibly on each dumpster.
F. 
Open-top dumpsters shall be enclosed with a fence composed of wood lattice, fine mesh fencing or other suitable materials as determined by the Village of Lancaster, with a minimum height of three feet above the top of the container. In the case of open-top dumpsters, use of which is limited to the collection of waste materials associated with activities described in § 104-8A of the Code of the Village of Lancaster, New York, the Village Board of the Village of Lancaster shall retain discretion to waive the requirements set forth within this subsection.
G. 
The holder of the permit issued pursuant to § 126-3 of this chapter shall arrange to have the dumpster emptied on such a schedule so that garbage and other waste materials do not accumulate so as to overflow the confines of the dumpster, restrict the closing of the dumpster cover or cause offensive odors or otherwise create a health hazard.
H. 
Dumpsters with lids shall be kept closed and secured at all times except when necessary to deposit or remove debris.
I. 
The location and use of a dumpster shall conform to all state and local fire codes.

§ 126-6 Revocation of permit.

Any permit issued pursuant to § 126-3 of this chapter may be summarily revoked by the Village of Lancaster if the subject dumpster is placed or utilized in a manner contrary to information included within the permit application or in violation of any provision or § 126-5 of this chapter.

§ 126-7 Failure to abate violations.

If the dumpster is utilized in violation of any of the provisions of § 126-5 of this chapter, the Village may enter the property to remove, eliminate, repair or otherwise abate the violation. For this purpose the Village may use its own personnel or may hire a contractor. The cost incurred whether Village personnel are used or a contractor is hired will be charged to the permit holder. If a permit is revoked pursuant to the provisions of § 126-6, reissuance of a permit may be conditioned upon payment by the applicant of the cost incurred by the Village of Lancaster pursuant to this section.

§ 126-8 Penalties for offenses.

In addition to any other remedy provided by this chapter, any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.

§ 126-9 Code Enforcement Officer to serve as enforcement agent.

The Code Enforcement Officer shall be empowered to act as the agent of the Village of Lancaster in administrating and enforcing compliance with this chapter.