[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001 by L.L. No. 13-2001. Amendments noted where applicable.]
Auto salvage yards — See Ch. 62.
By the adoption of this chapter, the Town Board declares its intent to regulate refuse collection, storage and disposal and to prohibit the dumping of refuse in other than the designated refuse disposal area.
The collection, storage and disposal of refuse without adherence to the regulations of this chapter will be deemed to constitute a threat to the public health, safety and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- An individual, group of individuals, partnership, firm, public or private corporation, institution, association or other entity owning or occupying property within the Town.
- All solid wastes, but not including body wastes, dead animals or parts thereof.
- REFUSE DISPOSAL AREA
- Land designated by the Town for the collection, storage and disposal of refuse and recyclables.
Each person within the Town shall be responsible for the sanitary condition of any premises owned or occupied by him/her or of which he/she has possession or control. It shall be unlawful for any person to collect, store or dispose of any refuse except as provided in this chapter.
Compost piles are permitted.
Outdoor burning is regulated by the New York State Department of Environmental Conservation and is not a provision of this chapter.
Auto salvage yards are excluded from this chapter.
Only the Town shall operate and regulate refuse disposal areas within the Town.
The Town Highway Superintendent and/or his/her designee shall inspect and supervise the disposal areas at all times. The Highway Superintendent shall make and file quarterly reports with the Town Board, containing a summary of man-hours, equipment time and cost.
No refuse originating outside the boundaries of the Town or collected outside such boundaries shall be deposited in or brought to the refuse disposal area.
Storage of refuse for collection.
Household refuse. Refuse stored outdoors shall be in containers with lids.
Institutional, business, industrial and multiple dwelling refuse. In addition to storage in conformance with provisions as put forth in § 57-6A(1), institutions, businesses, industrial uses and multiple dwellings may store refuse in portable waste-storage compactors, dumpsters or similar devices.
Waste-storage compactors, dumpsters or similar devices. Portable waste-storage compactors, dumpsters or similar devices used for the temporary storage of combustible waste shall be located at least 25 feet from the nearest structure or be adequately protected with automatic extinguishing systems.
Equipment for collection of refuse. All vehicles used for the collection or disposal of refuse shall have suitable provision for the covering of the refuse, which provisions will prevent the escape of refuse to prevent littering.
It shall be unlawful for any person to use the refuse disposal site within the Town unless such person shall first obtain a refuse ticket, which refuse ticket shall be issued by the Town Clerk. The duration of the tickets and the fees therefor shall be established by the Town Board by resolution, which shall be on file with the Town Clerk.
No person shall throw or deposit or cause to be thrown or deposited any garbage, rubbish or refuse in or upon any public highway or street within the Town.
No person shall throw or deposit or cause to be thrown or deposited any garbage, rubbish or refuse in or upon any place or area within said Town within 100 feet of the boundary line of a public highway or street.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place or property within the Town, except in public receptacles and in authorized private receptacles for collection; provided, however, that said public receptacles shall not be used by persons owning or occupying property in the vicinity of said public receptacles for the deposit of domestic, commercial and industrial litter arising from the conduct of said daily activities.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Town.
No person shall drive or move any truck or other commercial vehicle unless the vehicle is to be constructed or loaded as to prevent any litter from being blown or deposited upon any street, alley or other public place or private premises.
No person shall throw or deposit litter in any park except in public receptacles and in such manner as to prevent such litter from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all litter shall be carried from the park by the person responsible for its presence and shall be properly disposed of elsewhere.
No person shall throw or deposit litter in any lake, pond, stream, bay or any other body of water.
No person shall throw or deposit litter on any occupied private property, whether owned by him/her or not, except that the owner or person in control of private property shall maintain private receptacles for collection in such a manner that litter will not be carried or deposited by the elements upon any other public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This subsection shall not be construed to prohibit the storage of litter in private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property, whether owned by such person or not.
Commercial or noncommercial handbills.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public property within the Town.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously unoccupied or vacant.
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private property within the Town unless the person distributing such handbill obtains the written consent of the person owning or occupying the property. However, this prohibition shall not apply to the distribution of advertising materials through the mail nor to the newspapers nor to the distribution of advertising material by any charitable organization and/or nonprofit organizations, including political organizations, except that these newspapers and all such advertising materials shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public property or upon private property.
Any person committing an offense against any provision of this chapter, except § 57-7.1, shall, upon conviction thereof, be guilty of a violation, punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.
Any person committing an offense against the provisions of § 57-7.1 of this chapter shall be guilty of an offense and shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. The continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation hereunder.