[HISTORY: Adopted by the Board of Trustees
of the Village of Chittenango 5-8-1973. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 56.
As used in this chapter, the following terms
shall have the meanings indicated:
Any store or group thereof, including shopping centers, shopping
plazas and other similar places, wherein mercantile activities and
services are offered to the public, and includes all parking areas
thereat; and all property upon which the public is allowed for conduct
of commerce.
[Added 4-25-2000 by L.L. No. 3-2000]
Every accumulation of animal or vegetable matter, or both,
in liquid, solid or any other form or substance, which is subject
to decay.
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copy of any matter of literature which:
[Added 4-25-2000 by L.L. No. 3-2000]
Advertises for sale any merchandise, product,
commodity or thing;
Directs attention to any business or mercantile
or commercial establishment or other activity for the purpose of either
directly or indirectly promoting the interest thereof by sales;
Directs attention to or advertises any meeting,
theatrical performance, exhibition or event of any kind for which
an admission fee is charged for the purpose of private gain or profit;
or
While containing reading matter other than advertising
matter, is predominantly and essentially an advertisement and is distributed
or circulated for advertising purposes or for the private benefit
and gain of any person so engaged as advertiser or distributor.
Garbage, refuse and rubbish, as defined herein, and all other
waste material which, if released or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare or creates
unsightliness.
[Added 4-25-2000 by L.L. No. 3-2000]
Any newspaper of general circulation, as defined by law;
any newspaper duly entered with the United States Post Office in accordance
with federal statute or regulation; and any newspaper filed and recorded
with any recording officer, as provided by law. In addition thereto,
"newspaper" shall mean and include any periodical or current magazine
regularly published with not fewer than four issues per year and sold
to the public.
[Added 4-25-2000 by L.L. No. 3-2000]
Any printed or written matter, any sample or device, circular,
leaflet, pamphlet, newspaper, magazine, paper, booklet or any other
printed or otherwise reproduced original or copies of any matter of
literature not included in the aforesaid definitions of "handbill"
and "newspaper."
[Added 4-25-2000 by L.L. No. 3-2000]
A park, reservation, playground, beach, recreation center
or any other public area in the Village owned or used by the Village
and devoted to active or passive recreation.
[Added 4-25-2000 by L.L. No. 3-2000]
Includes an individual, society, clerk, firm, partnership,
corporation or an association of persons, and the singular number
shall include the plural number.
Any dwelling, house, building or other structure designed
or used, either wholly or in part, for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and includes any yard, ground, walk, driveway, porch, steps, vestibule
or mailbox belonging or appurtenant to such dwelling, house, building
or other structure.
[Added 4-25-2000 by L.L. No. 3-2000]
Grass, cuttings, brush, leaves, shrubbery, boxes, pieces
of wood, packages, ashes.
Paper, rags, bottles, cans and similar waste.
Heavy pieces of furniture or similar items, all appliances,
including heavy junk, pianos, bedsprings, mattresses, water heaters,
trees and/or major parts thereof which are not defined as rubbish,
refuse or garbage.
[Added 4-25-2000 by L.L. No.
3-2000]:
[Amended 4-25-2000 by L.L. No. 3-2000]
A.Â
No garbage, refuse, rubbish or trash, litter or waste
material shall be disposed of within the Village, except at such specific
locations as may be designated by the Board of Trustees.
B.Â
Litter in public waters. No person shall release or
deposit litter in any fountain, pond, lake, stream or any body of
water in a park or elsewhere in the Village.
C.Â
Handbills in public places. No person shall release
or deposit any commercial or noncommercial handbills in or upon any
sidewalk, street or other public place within the Village.
D.Â
Handbills on vehicles. No person shall release or
deposit any commercial or noncommercial handbill in or upon any vehicle;
provided, however, that it shall not be unlawful in any public place
for a person to hand out or distribute a noncommercial handbill to
any occupant of a vehicle who accepts it.
No person shall engage in the collection of
garbage, refuse, rubbish or trash within the Village of Chittenango
other than the person to whom a garbage collection license has been
issued or the successors of such person under contract with the Village
of Chittenango.
All householders shall place refuse, rubbish,
garbage and trash at the edge of the pavement, street or road on the
day(s) scheduled by the Village license holder or the contractor.
Persons other than householders shall place such containers which
are to be serviced by the Village license holder or contractor at
such locations as may be designated by the Department of Public Works
Superintendent, the contractor or license holder.
[Amended 12-27-2011 by L.L. No. 2-2012]
Neither the Village nor any contractor hired
by the Village to perform garbage collection shall be required to
collect more than four thirty-six-gallon containers, nor other smaller
containers with an aggregate weight in excess of 200 pounds, containing
garbage, refuse or rubbish from any one commercial establishment during
one week.
[Amended 12-27-2011 by L.L. No. 2-2012]
The Village shall not be required to collect
refuse, garbage or rubbish in containers which, when filled for collection,
shall individually weigh more than 50 pounds, or exceed 36 gallons
in capacity, unless a special permit has been granted for a larger
capacity by the Village. Cardboard boxes shall not be placed at the
street when used as refuse or garbage receptacles. Plastic garbage
container bags shall be acceptable when securely tied. If such plastic
container bags are damaged or torn by any means or cause, except loading
by the village employees in disposal vehicles, the litter resulting
therefrom shall be the responsibility of the owner and occupant. All
refuse, rubbish or garbage receptacles shall be of sturdy construction
and secured so as to effectively prevent disturbance of the contents
by animals and to prevent windblown littering of the streets and area.
Failure to secure such receptacles, which results in littering of
contents by animals or wind, shall constitute a violation of this
section.
All brush, tree trimmings and shrubbery shall
be tied in bundles not to exceed five feet in length, two feet in
diameter and 75 pounds in weight. Branches in excess of three inches
in diameter are excluded.
A.Â
License. No person shall engage in the collection
of garbage for profit from lands or premises within the Village of
Chittenango unless he is duly licensed or is a contractor under the
provisions of this chapter. An awarded garbage collection bidder will
be issued a license for the period of the contract at no charge.
B.Â
Application for license. Application for such license
shall be made in writing to the Village Clerk.
C.Â
License fee and term. The fee for such license shall
be as set, from time to time, by resolution of the Board of Trustees
of the Village. The term of such license shall be for the remainder
of the Village fiscal year without a proration. Such license shall
be issued by the Village Clerk after appropriate review.
[Amended 8-28-2001 by L.L. No. 3-2001]
D.Â
Standards. The Village Board of Trustees shall review
each application and may require additional information under affidavit
from the applicant. No license shall be issued unless the Board of
Trustees shall find that the applicant is an ethical and responsible
businessman, the applicant is financially able to engage in such a
business and the applicant shall have equipment of the type and condition
that can perform and provide proper service. A license may be refused
if the applicant shall have been convicted of a misdemeanor or felony
which, in the judgment of the Board of Trustees, renders the applicant
unfit or undesirable to carry on the trade or occupation involved.
A license may also be refused to any person who, in the judgment of
the Board of Trustees, is an undesirable person or incapable of properly
conducting the service required.
E.Â
Disposing of garbage. The Board of Trustees may designate
any place or places within the Village of Chittenango where garbage
may be disposed of. The Village Clerk shall specify in such license
any place or places where such licensee may dispose of such garbage
within the Village. Disposing of garbage within the Village in places
other than those designated on such license shall be ground for revocation
of such license.
F.Â
Revocation. Upon a petition signed by three resident
taxpayers of the Village of Chittenango alleging that the licensee
hereunder is performing such garbage collection service in such a
manner as to endanger the public health or public appearance of the
community or is chargeable with improper or unethical conduct towards
competition or is carrying on such service in such a manner as to
make his operation undesirable to the inhabitants of the Village of
Chittenango, or upon its own motion, the Board of Trustees of the
Village of Chittenango shall call and hold a public hearing thereon.
Upon finding that any of such allegations are true or upon a finding
that the licensee is an undesirable person or incapable of properly
conducting such service, the Village Board of Trustees may cause such
license to be revoked for the remainder of the term. Such revocation
shall not prejudice reapplication for such license during the next
fiscal year.
G.Â
Nature of license. Such license shall be a privilege
and not a right on the ground that such service is vital to the health
and welfare of the community.
H.Â
Transferability of license. Such license shall not
be transferable.
[Amended 6-20-1989 by L.L. No. 2-1989]
Any person committing an offense against the
provisions of this chapter shall be guilty of a violation pursuant
to the provisions of the Penal Law and, upon conviction thereof, shall
be punishable for each offense by a fine of not more than $250 or
by imprisonment for not more than 15 days, or both.
