[HISTORY: Adopted by the Town Board of the
Town of Clarence as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-3-1979]
As used in this article, the following terms
shall have the meanings indicated:
Includes waste food, dead animal matter, vegetable matter
or any other matter which shall be capable of fermentation or decay
or which shall give off a noxious or disagreeable or dangerous odor
or gas. The word "garbage," as defined and applied in this article,
shall not include customary agricultural or gardening waste or matter.
Includes waste metal, metal cans, glass, tires, rubbish,
construction and demolition debris and other discarded substances
of a solid or incombustible nature, other than garbage.
A person having his domicile within the limits of the Town
of Clarence, Erie County, New York.
A.
No person, firm or corporation shall throw, dump,
empty or deposit or permit to be thrown, dumped, emptied or deposited
any refuse or garbage in any place in the Town of Clarence except
in a place or places and in a manner approved by the Town Board of
Clarence.
B.
No person not a resident of the Town of Clarence shall
throw, dump, empty or deposit or permit to be thrown, dumped, emptied
or deposited any refuse or garbage in any place in the Town of Clarence.
The use of a place or places approved by the Town Board for the disposal
of refuse or garbage shall be for the exclusive use of the residents
of the Town of Clarence.
C.
No person, firm or corporation shall throw, dump,
empty or deposit or permit to be thrown, dumped, emptied or deposited
any refuse or garbage in any place in the Town of Clarence which shall
come from or be brought directly from outside the Town of Clarence.
D.
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 Town of Clarence.
Any violation of any provision of this article
shall be deemed an offense and, upon conviction thereof, shall be
punishable by a fine not exceeding two hundred fifty dollars ($250.)
or imprisonment for a term not exceeding fifteen (15) days, or both
such fine and imprisonment. Each day a violation continues uncorrected
shall be considered a separate offense. In addition to such fine and/or
imprisonment, the violator, upon conviction, may be required to correct
the condition or conditions constituting the violation, including
reimbursement to the Town of Clarence for any costs incurred by the
Town in the cleanup, pickup or disposal of such refuse or garbage.
[Adopted 3-25-1992]
This article shall be known as the "Mandatory
Recycling Ordinance" of the Town of Clarence.
The Town Board of the Town of Clarence finds
that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns and will aid
in protecting the environment. The separation and collection of recyclable
materials and other materials from residential, commercial, institutional
establishments and rental complexes in the Town will reduce the total
amount of solid waste presently generated in the Town, will reduce
the need for landfills and will conserve the capacity of existing
landfills. This article establishes mandatory recycling in the Town
of Clarence and will be effective June 1, 1992.
As used in this article, the following terms
shall have the meanings indicated:
Large items such as sofas, upholstered chairs, mattresses
and box springs, all major appliances such as refrigerators, stoves,
dishwashers, washers, dryers, etc.
Include but are not limited to retail and wholesale establishments,
offices, garages, gas stations, manufacturing, industrial and repair
establishments, banks, motels, restaurants and other similar and related
facilities.
Include but are not limited to schools, nursing homes and
retirement homes, health facilities, governmental facilities, libraries,
fire halls, etc.
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to garbage, refuse
and rubbish. Not included are hazardous wastes as defined by the New
York State Department of Environmental Conservation.
The titled owner of the real estate in question, whether
the title is in the name of one (1) or more persons, a corporation
and/or a partnership.
A person, firm, corporation or legal entity providing for
the collection of MSW and/or recyclable materials. To operate in the
Town of Clarence, they shall be required to obtain a license from
the Town and shall be subject to the rules and regulations of the
Town.
The collection of MSW and recyclable materials where the
resident contracts directly with the private collector of the resident's
choice.
Those clean, noncontaminated materials designated by the
Town Board as requiring source separation. They include but are not
limited to newspapers, corrugated cardboard, clear glass bottles and
jars, metal food and beverage cans and plastic containers designated
"1" and "2" (HDPE & PET). The above materials are to be modified
by the Town Engineer and approved by the Town Board, as the need arises.
Any process by which materials which would otherwise become
solid waste are collected, separated and/or processed, treated, reclaimed,
used or reused.
Include facilities where persons live within the Town (i.e.
apartments, trailer courts and condominiums) which are not included
within the definition of resident.
Any person residing within the Town on a temporary or permanent
basis, but excluding persons residing in hotels or motels.
To separate recyclable materials from the MSW stream at the
point of waste generation.
Organic yard and garden waste, leaves, grass clippings and
brush.
Source separation shall be required of each
and every person or party discarding recyclable material. Private
collectors collecting residential MSW generated within the Town shall
refuse to collect MSW from any person or party who has clearly failed
to source-separate recyclable materials and/or has not properly prepared
the recyclable materials to the specifications of the private collector.
The private collector shall provide a full explanation to the person
or party for the refusal of collection. The private collector shall
be responsible for educational literature informing the persons or
parties of the limits and requirements of their recycling program.
Subsequent to providing the initial containers, collection containers
shall be left to the discretion of the private collectors.
A.
The collection of MSW and recyclable materials within
the Town of Clarence shall be handled by private subscription.
B.
Each resident (household) shall place recyclable materials
in the recycling containers provided. The initial recycling container
or containers shall be furnished to the resident by the private collector
at the private collector's expense.
C.
Each private collector must pick up recyclables, keep
them separate from MSW and move them into available recycling markets.
D.
Recyclable materials shall be picked up on the same
day as the MSW following the guidelines established by the private
collector and approved by the Town Engineer.
E.
White goods/bulkies shall be picked up by the private
collector on request of the resident.
F.
Yard waste shall be picked up by the private collector.
Leaves and grass are to be in containers and brush is to be bundled
in lengths no longer than four (4) feet and able to be handled by
one (1) person.
G.
The private collector's recycling program is subject
to review by the Town of Clarence. The review is to include but not
be limited to physical inspection of collection vehicles and the private
collector's recycling facilities. The private collector shall submit
to the Town of Clarence quarterly statements including but not limited
to tonnage of recyclable material collected, tonnage of recyclables
marketed, all by types of recyclable material, and markets to which
recyclable materials are shipped.
H.
Construction and demolition debris generated by a
resident may be disposed of by the resident with his MSW subject to
the resident's agreement with the private collector.
I.
All commercial operations, institutions and rental
complexes located within the Town of Clarence that dispose of MSW
shall separate recyclable materials from the MSW before collection
of the waste by a private collector. All private collectors shall
move these recyclable materials to recycling markets and the private
collector's recycling program is subject to review by the Town of
Clarence Engineer.
J.
Private collectors operating within the Town of Clarence
must comply with the conditions of this article.
A.
It shall be unlawful for any person, other than those
persons so authorized, to pick up or collect any recyclable materials
which have been placed at the roadside for collection or within a
recycling collection area.
B.
No person shall throw or deposit or cause to be thrown
or deposited any MSW, rubbish, bulk refuse, yard waste or brush in
or upon any traveled portion of a public highway, street or place
or on any property not owned or occupied by him within the Town of
Clarence.
C.
It shall be unlawful for any person or persons to
dispose of any type of liquid or solid waste within the Town of Clarence
other than in a manner approved by the Town Board and/or the State
of New York.
D.
No person shall accumulate or permit the accumulation
of MSW on any premises owned or occupied by him within the Town of
Clarence, except for the purpose of collection which shall normally
occur at intervals not less frequently than once every seven days,
except for vacations, Sundays, holidays or extraordinary weather conditions.
A.
No person shall engage in the business of receiving,
collecting or transporting MSW, bulk refuse, recyclable materials,
yard waste, brush or other refuse within the Town of Clarence without
first obtaining a license to carry on such business from the Town
of Clarence and paying the fee for such license as herein provided.
Nothing herein contained, however, shall be construed to prevent any
person from transporting for the purpose of disposal such MSW, bulk
refuse, yard waste, brush or other refuse as is normally generated
by such person on his own premises or in his own business. A separate
license shall be obtained for each truck or vehicle used by the private
collector as herein defined.
B.
Applications for licensing shall be upon forms provided
by the Town.
C.
A license issued pursuant to this article shall be
for a period of one year or less, subject, however, to the revocation
thereof as provided herein. An annual fee set by the Town Board shall
be charged.
D.
The Town Clerk is hereby authorized to issue temporary
permits to any licensed private collector to use such additional trucks
as are necessary for a period not to exceed 30 days for a fee as determined
by the Town Board.
E.
All collectors to be licensed must have a public liability
insurance policy for personal injuries in the amount of $1,000,000
per person and shall file with the Town Clerk a certificate of insurance
for that amount prior to the issuance of a license to the collector.
Such insurance shall be conditioned that said licensee will comply
with the laws, codes, ordinances, rules and regulations of the State
of New York, County of Erie and Town of Clarence and all lawfully
issued orders of the Town Board and that the Town of Clarence will
be indemnified and held harmless from any and all claims for damages
or liabilities caused by or arising out of any act or omission of
the licensee, his agents or employees, or by his failure to comply
with applicable laws, codes, ordinances, rules, regulations or orders.
Said insurance shall be in such form and contain such sureties as
shall be approved by the Town Attorney.
F.
Every license issued by the Town Clerk pursuant to
this article shall be subject to the following conditions:
(1)
Vehicles used by licensed private collectors in the
collection and transportation of MSW in the Town of Clarence shall
be neat and clean and in good repair.
G.
All trucks must have a minimum liability insurance
policy for personal injuries in the amount of $100,000 per person
and $300,000 per accident and $50,000 coverage for property damage.
Insurance certificates are to be supplied to the Town by the private
collector.
H.
Contractors' construction and demolition debris and
trees cut down by professional tree surgeons shall be removed by such
contractors or tree surgeons.
I.
The Town Board may refuse a license to any person
who, in its judgment, shall be an undesirable person or incapable
of properly conducting the operations of a private collector.
J.
No owner, collector or employee shall be under the
influence of alcohol or other drugs or use insolent or improper language
during pickup or when receiving complaints over the telephone.
K.
Private collectors are not responsible for MSW, yard
waste or bulkies/white goods that originate at any residence or establishment
other than that of the resident.
L.
Private
collectors that are licensed in the Town of Clarence to collect MSW
shall not begin collection of MSW in the Town of Clarence prior to
the hour of 6:00 a.m. nor allow said collections beyond 8:00 p.m.
[Added 12-2-2009 by L.L. No. 4-2009[1]]
[1]
Editor's Note: This local law also stated that it would apply to all private collectors of MSW that have a license that has been filed in the office of the Town Clerk. Additionally, former Subsection L, pertaining to the revocation of licenses, was redesignated as Subsection M with the inclusion of this local law.
M.
Violation of any of the foregoing regulations or any
other provision of this article shall be cause for revocation of the
license of any private collector holding a license hereunder. The
Town Board shall have power to revoke any such license for cause shown
after a hearing on 10 days' written notice to the license holder,
specifying the nature of the violation, the complaint of said violation
being in writing, signed by the complainant.
A violation of this article shall constitute
an offense punishable by a fine not exceeding $500. Each separate
offense shall constitute a separate additional violation.
A.
A Code Enforcement Officer or a designee of the Town
Board may order the owner or occupant of any premises upon which MSW,
rubbish or bulk refuse shall have accumulated in violation of this
article to remove such MSW, rubbish or bulk refuse from such premises
within seven (7) days after receipt of such an order.
B.
The Code Enforcement Officer or designee of the Town
Board shall report to the Town Board the failure of the owner of such
premises to remove such MSW or bulk refuses as so ordered. The Town
Board may thereupon order the Town Attorney to request the owner to
appear before the Town Board to show cause why the MSW or bulk refuse
has not been removed from his premises or, in the event that the owner
does not appear before the Town Board or if the Town Board deems that
an appearance before it would be useless, may thereupon refer the
matter to the Town Attorney for enforcement and prosecution.
C.
If the owner does not remove the MSW or bulk refuse
from his or her premises and does not show good cause to the Town
Board for not removing the MSW or bulk refuse, thereby necessitating
legal action by the Town Attorney to obtain, in addition to the prosecution
for violations of the Town laws or any laws of the County of Erie
and State of New York pertaining thereto, an order of the Supreme
Court of the State of New York ordering the owner to remove the MSW
or bulk refuse within ten (10) days of the date said order is served
on the owner, thereafter the Town may enter upon the premises of the
owner and remove the MSW and/or bulk refuse from the premises, for
which the owner shall be obligated to pay any and all costs for the
removal plus the costs necessary to obtain the order, including all
reasonable and necessary legal fees and expenses. The costs shall
be obtainable with the order of removal in the form of a judgment
against the owner and recordable in the Erie County Clerk's office.
D.
Disputes between the resident and private collector
regarding source separation or the preparation of recyclable materials
shall be referred to a Town of Clarence Code Enforcement Officer.
