Village of Fair Haven, NY Chapter 85 Dumping, Trash and Refuse Collection

[HISTORY: Adopted by the Board of Trustees of the Village of Fair Haven 6-22-1970 as Ch. 8 of the 1970 Code; amended in its entirety 4-12-2021 by L.L. No. 1-2021. Subsequent amendments noted where applicable.]

§ 85-1 Purpose.

The purpose of this chapter is to promote and protect the community's public health, welfare and safety by regulating dumping, trash and refuse collection of all types in the Village of Fair Haven. These regulations are intended to protect property values, enhance and protect the open, scenic and clean appearance of the community, provide a favorable orderly climate for growth and development, and promote harmony between neighbors in all districts. Further, they are intended to reduce visual obstructions that may contribute to traffic hazards and general discontent.

§ 85-2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meaning ascribed to them as follows:

[1]DUMPING

Depositing, or suffering to be deposited, any discarded, unwanted or rejected materials or accumulation thereof of any kind, including but not limited to, garbage, rubbish, refuse, waste, building materials, appliances, furniture, trees, tree branches, leaves, garden detritus, "inoperable vehicles," junked vehicles, boats, or parts thereof.

DUMPSTER/FRONT LOADER

Unmovable refuse collection receptacle provided and serviced by local trash companies, intended for commercial use, in four sizes: two cubic yards (small business), four yards (medium business), six yards and eight yards (large business).[2]

LITTER

Any item of unwanted or carelessly discarded material, including but not limited to, refuse, garbage, rubbish, trash, loose handbills, advertisements, newspapers, cigarettes or other materials.

PERSON

Any person or persons, partnership, association, company, firm or corporation.

ROLL-OFF

Unmovable large refuse collection receptacles provided and serviced by local trash companies, intended for small to large building clean-outs, demolition, remodeling or construction, in four sizes: 15 cubic yards, 20 yards, 30 yards and 40 yards.

TOTE

Upright plastic wheeled covered carts provided by local trash companies servicing residences in the Village, of three sizes: thirty-five-gallon, sixty-five-gallon, and ninety-five-gallon. Sixty-five gallon is the most common, and is also the size typically used for recycling. Totes are wheeled out to curbside for emptying (either once weekly or once biweekly), and then wheeled back from the road to the house, garage or other appropriate area.

[1] Editor's Note: The term "accumulation of litter," which preceded this definition, was repealed 12-11-2023 by L.L. No. 1-2024.

[2] Editor's Note: The former definition of "inoperable vehicle," which immediately followed this definition, was repealed 12-11-2023 by L.L. No. 1-2024.

§ 85-3 Use of authorized receptacles for refuse collection.

A. Persons depositing litter or refuse in authorized public or private collection receptacles shall do so in a manner so as to prevent such from being carried by the elements onto any street, sidewalk, lawn, body of water, or any other public or private property.

B. Trash collection shall comply with the following standards and specifications:

(1) Properties in residential use (in all districts):

(a) Totes allowed. Residential refuse shall be placed in one or more of three different sized wheeled totes (thirty-five-, sixty-five-, and ninety-five-gallon). This is the only method of trash collection and pick-up allowed for use for residential properties (those properties which, no matter what zoning district they are in, are residential use). The totes may be put out curbside for emptying up to 24 hours before pick-up, and must be returned to storage, or a reasonable distance or location back off the street, within 24 hours after emptying.

(b) Requests for exceptions will be considered on a case-by-case basis by the Planning Board.

[Amended 12-11-2023 by L.L. No. 1-2024]

(2) Nonresidential properties. For Central Business District, see Chapter 150, Zoning, Article III, § 150-8E(2)(g)[1][b] through [d].

(a) Dumpsters allowed. Totes allowed.

(b) All new commercial buildings shall screen dumpsters and refuse storage areas from view from the public right-of-way on the primary street frontage with an enclosure which complements the main building in both material and color (unpainted concrete block is prohibited), built to a height of at least one foot above the height of the dumpster or refuse storage unit. Property owners may choose to construct a combination of year-round opaque vegetation and a wrought-iron-style fence built to a height of at least one foot above the height of the dumpster or refuse storage unit as an alternative to a masonry wall enclosure.

(c) Existing commercial buildings shall screen their dumpsters in compliance with the above regulations for new buildings, within two years of the adoption of the Zoning Amendments, Local Law No. 2 of 2019, on April 22, 2019.[1]

[1] Editor's Note: Former Subsection B(2)(d), regarding a deadline extension, which immediately followed this subsection, was repealed 12-11-2023 by L.L. No. 1-2024.

§ 85-4 Littering prohibited.

A. No person shall throw or deposit or suffer to be deposited any litter upon any public or private property, or into any stream, bay or lake, within the Village.

[Amended 12-11-2023 by L.L. No. 1-2024]

B. No person shall deposit any materials on any private property in such a manner as to allow or cause litter therefrom to be carried onto any other private or public property.

C. No person, while in a vehicle, or while in a boat, shall throw or deposit or suffer to be deposited any litter upon any public or private property, or into any stream, bay or lake, within the Village.

D. All vehicles used to transport loose materials shall be constructed so as to prevent the escape of such materials onto any public or private property.

E. All owners of private property are required to keep their property free of litter.

§ 85-5 Dumping restrictions.

A. No person shall use or permit the use of any public or private property within the Village for dumping.

B. The Village does not have a public dump, however, the Village has one or two major clean-up days per year, where multiple large roll-offs are situated at the municipal offices and all Village residents may bring and discard refuse and trash, except for prohibited materials.

(1) Only persons who are residents of the Village may deposit or cause to be deposited any materials of any kind in the receptacles designated for the official clean-up day(s).

C. No person shall have, deposit or cause to be deposited on any private or public property within the Village any inoperable vehicle, boat or parts thereof.

§ 85-6 Unoccupied houses, trailers and lots.

No unoccupied house or houses whether properly secured or not, or any house or houses, trailer or trailers, lot or lots, may be used for littering or dumping purposes.

§ 85-7 Declaration of nuisance; abatement and noncompliance.

The Board of Trustees may declare that any property not properly secured, or which contains an accumulation of litter or a dump of prohibited materials, or is otherwise neglected or abandoned, constitutes a nuisance. The Board of Trustees may authorize the Village Clerk or Code Enforcement Officer to serve notice, in writing, to the property owner thereof to abate same or otherwise effect compliance within a determined timeframe after issuance of such notice. In the event of noncompliance within the time stated, the Village may enter the premises and remove same or otherwise effect compliance. The cost thereof, together with any additional payment authorized by law, may be collected by the Village from such person in the manner provided by law.

§ 85-8 Enforcement.

A. It shall be the duty of the Code Enforcement Officer, whenever he shall learn or know, or have cause to believe, after investigation, that provisions and regulations of this chapter are being violated, to serve notice, in writing, to all responsible parties with a clear delineation of offenses, possible penalties, and an appropriate timeframe for bringing the offending situation(s) into compliance.

B. Residents of the Village, when noticing a situation where the provisions and regulations of this chapter may be in a state of violation, may bring this to the attention of the proper authorities, for further investigation, by filing a complaint with the Village Clerk.

§ 85-9 Penalties.

A. Any person violating any of the provisions of this chapter shall first be served notice and given a timeframe to either cease and desist, clean up the offense, or otherwise remediate the problem.

B. If the violation is not remedied in the timeframe allowed, the person may be fined an amount not exceeding $250 for each violation. Each day that a violation, or failure to comply within the given timeframe, of any provision of this enactment or any regulation promulgated hereunder by the Board of Trustees shall constitute a separate and distinct violation.

§ 85-10 Severability.

Should any portion whatsoever of this chapter be held invalid or unenforceable for any reason by any court of competent jurisdiction, such portion shall be deemed severable, but only to the extent of such holding, and such holding shall not affect the remaining portions thereof.

§ 85-11 Repealer.

The previous regulations from 1970 are hereby repealed.

§ 85-12 When effective.

This chapter shall take effect upon final passage and publication as provided by law.