[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.]
GENERAL REFERENCES
Auto salvage yards — See Ch. 62.
A.
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.
B.
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.
Land designated by the Town for the collection, storage and disposal
of refuse and recyclables.
A.
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.
B.
Compost piles are permitted.
C.
Outdoor burning is regulated by the New York State Department
of Environmental Conservation and is not a provision of this chapter.
D.
Auto salvage yards are excluded from this chapter.
Only the Town shall operate and regulate refuse disposal areas within
the Town.
A.
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.
B.
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.
A.
Storage of refuse for collection.
(1)
Household refuse. Refuse stored outdoors shall be in
containers with lids.
(2)
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.
(3)
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
No person shall throw or deposit litter in any lake,
pond, stream, bay or any other body of water.
H.
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.
I.
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.
J.
No person shall throw or deposit litter on any open or
vacant private property, whether owned by such person or not.
K.
Commercial or noncommercial handbills.
(1)
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any sidewalk, street or other public property within the
Town.
(2)
No person shall throw or deposit any commercial or noncommercial
handbill in or upon any vehicle.
(3)
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.
(4)
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.
A.
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.
B.
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.
