[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 4-9-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and public areas — See Ch. 70.
Public order — See Ch. 73.
Recycling — See Ch. 74.
[1]
Editor's Note: This local law superseded former
Ch. 39, Garbage, Rubbish and Refuse, adopted 8-23-1993 by L.L. No.
7-1993.
It is the goal of the Village of Williamsville
to facilitate the disposal of solid waste generated within the Village
in the most economical and environmentally acceptable manner and to
reduce the total amount of solid waste disposed of in the Village.
It is the purpose of this chapter to establish a source-separation
and recyclables collection program within the Village to reach the
goal of maximizing recycling of the Village waste stream, considering
costs, marketability of recyclables and public involvement. It is
hereby found and determined that, in order to ensure the greatest
public involvement and to assist the Village in complying with the
mandates of the New York State Solid Waste Management Act of 1988,
such a program must be made mandatory. This program is further designed
to protect the health, safety and general welfare of the Village of
Williamsville. No person shall dispose of refuse except pursuant to
and in accordance with this chapter.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Written notice, issued and subscribed to by a duly authorized
person, directing a designated person to appear in a designated local
criminal court at a designated future time in connection with an alleged
commission of a designated offense. A notice conforming to such definition
constitutes an appearance ticket regardless of whether it is referred
to in some other provision of law as a summons or by any other name
or title.
The noncombustible constituents of waste remaining after
combustion or incineration (e.g., residue from a fireplace, solid
fuel stove or incinerator).
Waste material from building, remodeling, repair and/or removal
of homes, office buildings, industrial plants and schools, including
but not limited to wood scraps, metal, concrete, brick, block, wire
and industrial packaging material.
A permanent container made for household waste or for green
waste of sufficient strength to prevent breakage and leakage. It shall
not include a disposable plastic bag of any type.
The grass area at the curb or pavement line immediately adjacent
to the street, but shall not include any paved portion of said street.
Any decayable waste material, other than sanitary sewage.
Any hazardous or toxic substance material or waste which
is or becomes regulated by any local or state governmental authority
or the United States Government.
A dumpster or other container that is privately contracted
by the property owner and/or occupant.
Includes items as designated from time to time by resolution
of the Board of Trustees.[1]
The rubbish and recyclable materials resulting from the normal
day-to-day operation of a household or business. Refuse may be generated
by a household, a business establishment or a public or quasi-public
facility. Refuse does not include rubble, bulk items, industrial waste,
collectible yard waste or any other materials not covered under this
definition.
Any dry material, other than garbage, trash, recyclable materials
or debris, produced routinely by households or commercial or industrial
establishments, including but not limited to window glass, mirrors,
ceramics, china or containers made of any other material, ashes and
any nonhazardous waste material.
Soft, cloudy or colored high-density polyethylene items,
excluding styrofoam, plastic bags, food wrap, toys or hard plastics
that will easily crack or break.
The required separation of recyclable materials for collection.[2]
A pest-proof, permanent receptacle constructed of high-quality
vinyl or plastic which is watertight, and provided with an attached,
tight-fitting cover which stores garbage or nonrecyclable waste material,
refuse and rubbish. Such a receptacle shall be suitable for semiautomated
or automated collection methods and shall be approved for use and
furnished by the Village of Williamsville. The receptacles described
herein shall be used by the owners of all improved properties in the
Village of Williamsville, regardless of being residential or nonresidential,
when storing and placing garbage and nonrecyclable waste material,
refuse and rubbish for collection by the Village of Williamsville.
Bundles of brush, leaves, holiday trees and bulky objects,
including but not limited to household appliances, equipment or furniture
and construction debris.
Grass, leaves, brush, plants, weeds or dirt materials from
vegetable and flower gardens, lawns and yards or ash from fireplaces
or wood stoves.
A.
The occupant of any premises shall maintain suitable
and sufficient tote containers for all garbage and refuse that may
accumulate on or about the premises.
B.
All refuse for routine collection, other than recyclables
and yard waste, must be placed in a tote container. Any premises that
requires, on a regular basis, more than two such tote containers for
collection shall be required to secure a portable transfer container
for all excess over two tote containers. It shall be the responsibility
of the owner or occupant to contract privately for the securing of
said container service for the excess material. Exceptions will be
made at the discretion of the Refuse Officer.
C.
All yard waste shall be placed in the following containers:
tote container issued by the Village of Williamsville, bushel basket
or other container. No container shall weigh more than 65 pounds when
filled.
D.
Portable transfer containers shall be used for outdoor storage of refuse on any premises as required under Subsection B. Such containers shall be emptied or replaced whenever full or at least once each week and shall be equipped with a tight-fitting lid so as to prevent dispersal of the contents about the premises.
A.
Any furniture, washer, dryer, television, refrigerator
or other large item not capable of being enclosed in a container shall
be placed curbside for collection only on a day specified by the Refuse
Officer. It shall be the sole responsibility of the owner to dismantle
or secure the appliance or item of furniture in order that it does
not constitute a hazard to the public. Refrigerator and freezer doors
or broken glass shall be removed from an appliance or item of furniture
before placement curbside for collection. Disposal of appliances or
other items containing Freon or any other substance must comply with
federal and state regulations. The Refuse Officer may accept or decline
collection of any such material in accordance with his/her considered
judgment as to the ability of the Village to handle and dispose of
such items. Collecting and disposal by the Village of such items shall
extend only to those appliances or items of furniture actually used
in a dwelling located within the Village.
B.
Any contractor creating debris from construction,
demolition, landscape yard maintenance or from tree pruning or removal
shall remove and dispose of said debris in a sanitary and safe manner
at his own expense. If such debris results from work performed personally
by an occupant, the debris must be placed in a tote container curbside
for collection and/or bundled by the approved refuse guidelines between
the Village of Williamsville and the private contractor. To reduce
the risk of bodily harm, protruding nails, glass and/or other sharp
objects shall be rendered harmless prior to being deposited in containers
or bundled for collection. Large quantities of debris shall be inspected
by the Refuse Officer and if deemed necessary shall be removed by
the property owner or occupant at his or her own expense.
C.
During the months of October, November and December,
leaves may be placed curbside in piles not exceeding six feet in diameter.
At all other times of the year, leaves and similar material must be
placed in an appropriate container.
D.
The Department of Public Works will pick up tree logs
larger than four inches in diameter which shall be cut to a length
not to exceed two feet and placed curbside for collection.
E.
The Department of Public Works will pick up tree branches
not exceeding four inches in diameter which shall be cut to a length
not to exceed six feet and placed curbside for collection with the
butt end of the branches facing the same direction. Tree branches
that are to be picked up by the private collector must conform to
the approved refuse guidelines between the Village of Williamsville
and the private collector.
F.
Tree trimmings, shrubs or vines not exceeding 1/2
inch in diameter shall be cut and placed in a permitted container
for collection, which must be separated from refuse, recyclables and
rubbish, and placed curbside for collection. In no event shall such
container exceed 65 pounds in weight. These items may also be placed
in a tote container provided that the lid can be securely closed.
G.
Holiday trees may be placed curbside for collection
in December and January without being cut and bundled as otherwise
herein required.
H.
All ash residues must be cool, dampened and contained
so as to reduce the risk of fire and personal injury.
A.
All garbage, recyclable rubbish, nonrecyclable rubbish,
construction and demolition debris, major appliances and large household
furnishings must be placed curbside. All garbage and other municipal
solid waste shall be maintained in a tote container while awaiting
collection and placed curbside for collection.
(1)
Yard waste may be placed in a separate open container
for collection which must be separated from refuse, recyclables and
rubbish.
(2)
Domestic animal waste shall be wrapped in dry paper
or placed in a sealable or tied bag and placed in the tote container.
(3)
The lid of the tote container shall be tightly closed
while being stored and when placed curbside.
(4)
The owner of the property and/or tenant is not permitted
to allow the tote to overflow. No solid waste shall be placed on top
of, next to or around the tote container.
(5)
Every owner of the property shall supply an adequate
number of tote containers for the safe storage and/or disposal of
garbage and nonrecyclable waste material, refuse and rubbish as may
be required by the occupants of the property.
(6)
Prior to being placed curbside for collection, all
tote containers shall be stored in such a fashion as to be screened
from public view.
(7)
The tote container shall be cleaned as necessary by
the property owner and/or tenant to avoid noxious or offensive odors
and to prevent rodent breeding and infestation.
B.
The Village of Williamsville shall be responsible
for collecting or causing the collection of, on a regular basis, only
those waste materials which constitute refuse generated by a residence
or establishment within the Village of Williamsville. The Village
of Williamsville shall also be responsible for collecting or causing
the collection of any additional waste materials generated by residences
which the Village may announce will be collected on particular days
or during particular time periods. These additional waste materials
may include, for example, bulk items, trees, tree stumps and large
branches. The Village of Williamsville shall not be responsible for
collecting any waste materials which have been placed or prepared
in ways that do not comply with all the provisions of this chapter.
In particular, the Village of Williamsville shall not be responsible
for collecting waste materials consisting of recyclable and nonrecyclable
materials, mixed-together waste materials not placed in the Village-provided
container or recyclable materials which have not been placed or prepared
in accordance with this chapter, nor shall the Village of Williamsville
be responsible for the collection of waste materials generated other
than from a residence or establishment within the Village of Williamsville.
C.
Any refuse to be collected, except that in portable
transfer containers, shall be placed curbside before 7:00 a.m. on
the day of scheduled collection, but in no event shall said refuse
be placed curbside before 6:00 p.m. of the day preceding the scheduled
collection.
D.
Refuse and tote containers shall be removed before
11:00 p.m. of the day on which collection is made from the premises.
E.
The Village of Williamsville hereby assumes no responsibility
to collect, and no person shall place curbside, waste material not
separated and prepared pursuant to the provisions of this chapter
and the recycling regulations of the Refuse Officer.[1]
F.
Material in public right-of-way.
(1)
The Village of Williamsville hereby assumes no responsibility
to collect, and no person shall place curbside, the following waste
material:
(2)
The fact that waste material is in a public right-of-way
shall be rebuttable prima facie evidence that such material was placed
there by the owner of the property abutting that curbside area.
A.
No person shall accumulate or permit the accumulation
of refuse on any premises owned or occupied by said person, except
for the purpose of collection by the refuse collector.
B.
The owner or occupant of any premises shall keep the
same free, clear and clean of all refuse and maintain sidewalks and
yard areas free and clear of all refuse and, upon written notice,
shall, within five days, cause to be corrected any unsanitary or unsafe
condition on or about the premises.
C.
Any compost or mulch pile shall be maintained in such
fashion as not to attract rodents or cause the development of any
odor or other hazard to the public health and safety.
D.
Toxic, flammable or hazardous wastes not otherwise
regulated by a public authority shall not be accumulated on any premises,
improperly disposed of or placed curbside for collection or recycling.
No person shall ignite, burn or cause to be
ignited or burned any refuse except in an incinerator constructed
for such burning which has been properly installed in conformity with
manufacturer's specifications and the New York State Uniform Fire
Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 28, Fire Prevention
and Building Code Administration.
A.
The Village of Williamsville shall not collect or
allow to be collected dangerous, hazardous, chemically toxic or medical
wastes, including but not limited to the following:
(1)
Dangerous wastes. Wastes that represent an immediate
threat to the safety of employees of the Village of Williamsville
and/or the general public, including but not limited to waste with
jagged or protruding objects, broken glass or nails.
(2)
Hazardous wastes, as defined in the New York State
Environmental Conservation Law and regulations pursuant thereto, as
well as applicable federal statutes and regulations.
(3)
Chemically toxic wastes, as defined in the New York
State Department of Environmental Conservation regulations, as well
as applicable federal statutes and regulations.
(4)
Medical waste. Any infectious medical waste, subject
to the provisions of the New York State Health Law and classified
as infectious waste, as well as applicable federal statutes and regulations.
B.
No person, firm or corporation shall dispose of any
hazardous or toxic or potentially hazardous or toxic chemicals in
any place or places in the Village of Williamsville.
C.
Dangerous, hazardous or chemically toxic wastes shall
be disposed of by their owner or producer in accordance with applicable
state and federal environmental laws and regulations.
No garbage or refuse shall be carted to, dumped
on or otherwise deposited upon any private or public property except
under the supervision and direction of the Refuse Officer.
A.
The enforcement of this chapter shall be by the Refuse
Officer and all other persons or agencies as may be designated by
resolution of the Village Board.
B.
To assure compliance with this chapter, all portions
of vehicles and containers used to haul, transport or dispose of recyclable
materials, including such containers placed outside residences, shall
be subject to inspection by the refuse officers, Code Enforcement
Officer and any other public official designated by the Village.
C.
The Refuse Officer may issue appearance tickets for
any violations of this chapter.
A.
Any violation of any provision of this chapter shall
be punishable by a fine not to exceed $300 a day or by imprisonment
for a period not to exceed 15 days, or both. Fines for violators are
as follows:
B.
Any person who aids, abets or assists in a violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
Each parcel receiving a tote container(s) shall
be billed at a per tote container rate to be determined by the Village
of Williamsville Board of Trustees, which is payable to the Village
of Williamsville no later than 45 days after the date of such billing.
Any charges over 45 days old that remain unpaid as of April 1 will
be added to the next tax bill assessed to the property.
If any section, sentence or part of this chapter
is adjudged unconstitutional or invalid, such judgment shall not affect,
impair or invalidate the remainder of this chapter.
This chapter shall take effect immediately upon
filing with the Secretary of State.
