Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 12-1-2004 by L.L. No. 12-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 83.
Dumps and dumping — See Ch. 174, Art. I.

§ 130-1 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:
CONTAINER
A covered, metal or heavy-duty plastic pail or drum having not fewer than two handles and not exceeding 33 gallons or heavy-duty plastic bags of 1.3 mil. thickness.
DUMPSTER
A commercial garbage disposal container under contract with a commercial hauler for removal and cleaning at regular intervals.
GARBAGE
All waste vegetable, animal or other matter, liquid or solid, likely to ferment or decompose and produce noxious odors or become injurious to the public health.
REFUSE
Trash and litter, whether or not combustible, consisting of, but not limited to, paper and paper products, wood and wood products, metal products, plastic and plastic products, glass and glass products, ashes, dust and dirt, rock, concrete and other mineral waste, sweepings, grass, leaves and yard trimmings or any and all other discarded objects and materials; provided, however, that refuse shall not include earth and wastes from building operations, nor shall it include solid wastes resulting from industrial processes and manufacturing operations.
RUBBISH
Includes ordinary household or store trash of flammable character, such as barrels, cartons, boxes, crates, furniture, rugs, clothing, rags, mattresses, and blankets.
RECYCLABLE MATERIAL
Any material so designated in regulations adopted by the Town or the County from time to time, generally limited to materials which can be processed and reused for the original or different purpose.
TOWN OF UNION
All lots or tracts or land in the Town of Union, outside the incorporated Villages of Johnson City and Endicott.

§ 130-2 Dumping prohibited.

A. 
Adherence to regulations; contact information for property owners and tenants.
(1) 
No person, firm or corporation shall place, cause or permit to be placed or discard in any place within the Town of Union, whether private or public, any garbage, rubbish, refuse or recyclables, except as provided by this chapter.
(2) 
Every property owner of apartments, stores or other businesses that are in the exclusive possession of a tenant, an agent or a manager shall maintain on file with the Building Official a current mailing address, current cellular phone number and a current email address for the owner and also for the tenant, agent and/or manager in exclusive possession of such apartments, stores or other businesses.
[Added 3-18-2009 by L.L. No. 4-2009]
B. 
No garbage, rubbish, refuse or recyclables shall be placed in any manner within the Town except stored in a securely closed container or securely closed dumpster.
C. 
Garbage, rubbish, refuse or recyclables stored in a securely closed container or in a securely closed dumpster may not be stored on any property within the Town of Union for a time period in excess of seven consecutive days.
D. 
No garbage, rubbish, refuse or recyclables shall he stored within the Town of Union which shall produce a noxious or foul odor.
E. 
If evidentiary proof of the name or address of any individual is found among garbage, rubbish, refuse or recyclables illegally placed within the Town of Union, such evidence shall create the presumption that the aforesaid individual perpetrated and is responsible for the improper disposal or storage of the garbage, rubbish, refuse or recyclables.
F. 
The owner of any real property within the Town of Union upon which garbage, rubbish, refuse or recyclables are placed, discarded or stored in violation of this chapter shall be guilty of the respective violations of this chapter regardless of whether the property owner improperly placed, discarded or stored the garbage, rubbish, refuse or recyclables. This provision shall also apply to garbage, rubbish, refuse or recyclables placed, discarded, stored or located at or in apartments, stores or other areas of the property within the exclusive control of a tenant, an agent, or a manager of the property owner if the property owner fails to complete corrective measures within four hours of receipt of notification of any such violations as provided in § 130-6C(3), within eight hours of receipt of notification of any such violations as provided in § 130-6C(1), and within 120 hours of receipt of notification of any such violations as provided in § 130-6C(2).
[Amended 6-6-2007 by L.L. No. 4-2007; 3-18-2009 by L.L. No. 4-2009]

§ 130-3 Rules for placement of materials for collection.

A. 
Garbage, rubbish, and refuse shall be placed in a container for collection approved by the Department of Public Works, Division of Refuse and Recycling.
B. 
Recycled items containing no garbage may be placed for collection as such in designated containers approved by the Department of Public Works, Division of Refuse and Recycling.
C. 
In no event shall the combined weight of a container and its contents exceed 50 pounds.
D. 
Containers shall be kept and maintained by their owners in suitable condition to permit safe handling by the collector.
E. 
No garbage, rubbish, refuse or recyclables will be collected from undeveloped parcels or uninhabited or vacant structures.

§ 130-4 Spilling or scattering of materials.

A. 
No person, firm or corporation shall place or fill or cause or permit to he placed or filled any container or refuse bundle in such manner that such container or bundle shall rupture, overflow, spill or scatter any part of its contents.
B. 
Any spillage or scattering of garbage, rubbish, refuse or recyclables out of a container or bundle, caused by any means other than the fault or neglect of the collector, shall be collected up by the person who set out such container or bundle and lawfully disposed of by him.

§ 130-5 Time and location of placement of containers.

A. 
Containers of garbage, rubbish, refuse or recyclable containers shall be set out for collection by the occupant of premises contiguous to the curbline of the street in front of such premises. Only one pickup location per property is permitted.
B. 
Such containers and bundles shall be set out not earlier than 2:00 p.m. of the day preceding, nor later than 6:00 a.m. of collection day. Emptied containers shall be removed from the curbline no later than 8:00 p.m. of collection day.

§ 130-6 Unacceptable garbage, rubbish, refuse and recyclables.

A. 
Garbage, rubbish, refuse and recyclable materials deemed unacceptable for collection and not picked up shall be removed by the property owner within 24 hours of the scheduled pick up day.
B. 
Upon failure of a property owner to discard or remove garbage, rubbish, refuse or recyclables from said property within eight hours from the time of receipt of a notice in accordance with § 130-6(C)(1) or within 120 hours of issuance of notice as provided in § 130-6C(2) to discard or remove such garbage, rubbish, refuse or recyclables from said parcel, the Town of Union may cause such garbage, rubbish or recyclables to be removed from the property, and the total costs thereof, including but not limited to moneys actually paid out by the Town in connection therewith the time and expense of the Town officials and employees involved in the service of the notice and any removal activities in connection with the enforcement of the provisions of this section, shall be assessed upon the property on or in which said garbage, rubbish, refuse, and recyclable materials were found and discarded and/or removed by the Town, and the expense so assessed shall constitute a lien and charge on the real property upon which is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the time as other Town charges.
[Amended 6-6-2007 by L.L. No. 4-2007]
C. 
The notice required to be served pursuant to the provisions of this section shall be served in accordance with one of the methods as follows:
[Amended 6-6-2007 by L.L. No. 4-2007]
(1) 
By personal service on the owner or by overnight delivery service to the last known address of the owner. For purposes of this section, receipt of notice by the owner shall be deemed to be complete upon personal delivery to the owner or owner's agent, manager, office, or by 11:00 a.m. of the next business day following deposit of the notice with the overnight delivery service.
(2) 
By mailing the notice to the last known address of the owner, owner's agent, manager, or office and by attaching or placing a copy of said notice upon any structure on said property and, if no such structure is available upon said property, by attaching said notice upon the nearest utility pole or other support.
(3) 
By mailing or otherwise electronically sending notice to the email addresses of the owner, agent and/or manager on file with the Building Official and by attaching or placing a copy of said notice upon any structure on said property and, if no such structure is available upon said property, by attaching the notice upon the nearest utility pole or other support.
[Added 3-18-2009 by L.L. No. 4-2009]

§ 130-7 Fill material not deemed refuse.

Cinders, sand, gravel or soil deposited on real property by or for the owner or occupant thereof for fill, grading or landscaping purpose, shall not be deemed to be refuse or waste.

§ 130-8 Dumping of foreign waste within Town prohibited.

No person shall dispose of any garbage, rubbish, refuse or recyclables collected outside the Town of Union at any place, public or private, within the Town of Union.

§ 130-9 Scavenging in garbage and refuse containers prohibited.

No person shall engage in picking, sorting, or salvaging or otherwise scavenging in any container of garbage, rubbish, refuse or recyclables or otherwise disturbing the contents thereof.

§ 130-10 Rules for collectors.

The driver of any vehicle engaged in the collection, transportation or disposal of garbage, rubbish, refuse or recyclables shall fully cover all such garbage, rubbish, refuse or recyclables while loaded on such vehicle, with a suitable covering material, and shall not permit any part of such load to fall from such truck except upon its lawful disposal.

§ 130-11 Penalties for offenses.

Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable as follows: by imprisonment for a term not exceeding 15 days, by a fine not exceeding $250, by a sentence of community service or restitution or by a combination thereof. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.