[Adopted 9-25-2000 by L.L. No. 2-2000[1]]
The purpose of this chapter is to protect and
promote the health, safety, and welfare of the people of the Village
of Fayetteville and their property values by controlling the storage,
collection, and disposal of refuse within the Village of Fayetteville.
To achieve this purpose, the Village Trustees have established a solid
waste collection service for properties within the Village.
[Amended 6-11-2001 by L.L. No. 3-2001]
As used in this chapter, except in Article IV, the following definitions shall have the meanings indicated:
The final solid waste results of the burning of organic material.
A bulk storage container used for garbage and other waste
materials with a capacity in excess of 100 gallons.
Animal, vegetable, fruit, or similar organic wastes, excluding
human body waste, liable to become putrid; including similar wastes
resulting from the handling, preparation, cooking or storage of foods.
The clippings and old vegetable matter from flower and/or
vegetable gardens.
Consists of garden waste and yard waste.
Materials, substances, or other wastes determined now or
in the future to be hazardous by Village, Onondaga County, New York
State, or federal law, rule, or regulation. Also includes all hazardous
waste as defined elsewhere in this chapter.
Substances which are specified in 6 New York Code of Rules
and Regulations Part 360-1.2 as the same may from time to time be
amended.
Garbage, rubbish, refuse or dog feces which is deposited
or placed in any location other than a proper receptacle.
Any product printed on newsprint, including all newspapers,
newspaper advertisements, comic strips and other printed material
received with the newspaper. Not included in this definition are magazines,
telephone books, or other advertising material printed on glossy or
slick papers which are not enclosed with or distributed with "newspapers."
The Onondaga County Resource Recovery Agency.
Includes a park, reserve, playground, recreation area or
other area used for public recreation or assembly and owned by or
located within the Village.
Any individual, institution, partnership, corporation, association,
society, group, or other legal entity.
Land, buildings, or other structures, vehicles, or parts
thereof.
Materials which are not accepted for disposal by OCRRA as
it may, from time to time, determine. Also, such additional materials
as are so identified from time to time upon resolution of the Village
Board of Trustees. A list of such additional prohibited materials
shall be maintained at the Village Clerk's office and may be listed
in the Appendix to this chapter.
Any container which conforms to the requirements of § 86-4 below.
Those materials defined as such by OCRRA as may, from time
to time, be amended. Also, those materials defined as such upon resolution
of the Village Board of Trustees as may, from time to time, be amended.
All nonrecyclable solid wastes, including garbage, rubbish
and yard waste, but not including human body waste.
All refuse bags must be durable, nonabsorbent, disposable
bags of sufficient strength to prevent tearing or other failure of
the bag when lifted at the top or neck and must be specifically manufactured
for such purpose. All refuse bags must be securely closed and tied
at the neck when placed out for collection.
Any person or legal entity engaged in the business of receiving,
collecting, transporting, or disposing of garbage, rubbish, or refuse
for hire and/or salvage within the Village.
All refuse containers must be durable, nonabsorbent, watertight,
and easily washable containers specifically manufactured for such
purpose. Such containers shall have the following additional characteristics:
Close-fitting, flanged covers and suitable handles.
Containers shall not exceed 32 gallons in capacity
nor exceed 55 pounds when filled.
Containers which meet all requirements of this
section except that they are in excess of 32 gallons' capacity or
exceed 40 pounds when filled may be used provided all materials placed
in them are contained in plastic bags of a capacity not to exceed
15 gallons. These bags shall be sealed or otherwise satisfactorily
closed.
All containers shall be kept in a proper state
of repair and, when dangerous to handle, shall be replaced. The containers
shall be kept in sanitary condition and the contents kept in such
condition that they may be easily removed.
All nonrecyclable solid wastes in a relatively dry state,
other than ashes, garbage and yard waste, and consisting of paper,
cardboard, wood, glass, metals, crockery, porcelain and similar materials.
Those materials specified in 6 New York Code of Rules and
Regulations Part 360-1.2 as the same may be amended, superseded, or
replaced. In general, solid materials which have been discarded by
a user.
See "refuse."
The Village of Fayetteville, New York.
The Code of the Village of Fayetteville.
Branches, tree trimmings, hedge clippings, leaves, bushes,
shrubs, and other such natural materials other than grass clippings.
A.
General prohibition. Except as provided in this chapter
or otherwise authorized by resolution of the Village Board of Trustees,
no person shall place, or cause to be placed, any refuse or other
waste materials on or within any road right-of-way, sidewalk, public
walkway, park, drain, ditch, watercourse, body of water, wetland,
or any municipal property within the Village.
B.
Noncollectible refuse. Any person responsible for
refuse on premises not served by the Village or for refuse not acceptable
for collection by the Village shall make suitable arrangements for
the timely collection and disposal of such refuse.
C.
Accumulation prohibited.
(1)
No person shall suffer or permit refuse or other waste
material to collect or remain upon the premises owned or occupied
by that person so that the same shall, in the opinion of the Village
Public Health Officer, become offensive or dangerous to the public
health or to any person or property.
(2)
The owner, tenant, contractor, or other person having
management or control of, or occupying any lot or plot of land in
the Village, excluding any location designated by resolution of the
Village Board of Trustees for such purposes, shall keep such land,
at all times, free and clear of any accumulation of refuse or other
waste material, except such as may be reasonably accumulated for regular
collection and disposal purposes as provided for in this chapter.
Upon due notice, in writing by the Code Enforcement Officer, given
to such person to remove said accumulation, and upon failure to comply
within a period of five days after service of said notice, such person
shall be deemed to have violated the provisions of this chapter. Notice
shall be served by regular mail, in person, or by leaving a copy thereof
with a person of suitable age and discretion at the offending premises.
D.
Importation prohibited. Except as provided in this
chapter or otherwise authorized by resolution of the Village Board
of Trustees, no person shall place for collection, or cause to be
placed for collection, any refuse or other waste material which has
been generated outside of the Village.
E.
Relocation prohibited. Except as provided in this
chapter or otherwise authorized by resolution of the Village Board
of Trustees, no person shall place for collection, or cause to be
placed for collection, any refuse or other waste material at the curbside
of a property other than the property where the refuse or other waste
material has been generated.
A.
Persons desiring to avail themselves of the municipal
garbage collection system shall place all refuse for collection in
or as one of the following:
B.
No wooden containers shall be used for refuse.
C.
Refuse stored in a container or dumpster shall not
extend above the top of that container or dumpster and shall be covered.
A.
Rubbish which is too large for inclusion in containers
specified in this chapter shall be piled, packed, or otherwise bundled
together and firmly tied so as to be easily handled by two persons.
Cardboard boxes, wooden crates, or collapsible material shall be knocked
down and securely tied in flat bundles, none to exceed a size which
may be conveniently carried by two persons.
B.
Nonrecyclable plastic containers one-gallon capacity
or greater shall be crushed.
A.
Prohibited materials shall not be collected for disposal
by the Village of Fayetteville. In addition, the following classes
of solid waste shall not be collected for disposal by the Village
of Fayetteville:
(1)
Dangerous materials or substances, such as poisons,
acids, caustics, infectious waste, hazardous waste, explosives or
other prohibited materials.
(2)
Nonrecyclable construction and demolition debris except
where authorized by resolution of the Village Board of Trustees.
(3)
Solid waste from industrial processes.
(4)
Solid waste which contains recyclable materials.
(5)
Vehicle batteries, antifreeze, and waste oil.
A.
All garbage, rubbish, or refuse shall be placed at
or within three feet of the curb or public street line or at another
location approved by the Superintendent of the Department of Public
Works for collection no earlier than the day before collection.
B.
All containers shall be removed from the curb or street
and set in a place removed from the public view on the day of collection
after collection has occurred.
[Amended 5-12-2008 by L.L. No. 4-2008]
The Superintendent of the Department of Public
Works may from time to time, adopt, modify, or repeal the schedules
of collection of refuse and recyclables for the various sections of
the Village. All accumulated refuse shall be ready for collection
and in place at the time fixed in such schedule.
Nothing in this article shall be construed to
prohibit the maintenance of compost or mulch piles, provided that
no garbage other than kitchen vegetable scraps and yard or garden
waste is deposited in such piles, and further provided that such compost
or mulch piles do not develop obnoxious odors, attract rodents or
obnoxious insects, or otherwise create a hazard to the health or enjoyment
of neighboring property owners.
A.
The recycling of all materials specified by OCRRA
and/or the Village Board of Trustees is hereby required.
B.
All recyclable shall be properly separated and prepared
for collection in accordance with applicable rules or regulations
duly specified by resolution of OCRRA or the Village Board of Trustees.
The Village Board of Trustees is hereby authorized to adopt by resolution
such regulations as are reasonably necessary to facilitate collection
of recyclables.
C.
The Village Board of Trustees is empowered to fix,
by resolution, the day(s) and times for the collection, removal, and
disposal of recyclables.
D.
The placement and removal of recycling containers
for collection, removal, and disposal shall be governed by the same
rules as those for refuse and their containers as specified in this
article except that the primary recycling container shall conform
in style, dimension and material to that container distributed by
the OCRRA recycling program.
E.
In the event that a person shall fail to separate
and prepare recyclables for collection in accordance with the provisions
of this article, the Village reserves the right to suspend the collection
of such recyclables.
A.
From time to time, the Village may collect green waste,
excluding grass clippings, and leaves.
B.
No green waste, grass clippings, brush, tree stumps,
or other yard waste shall be commingled with any garbage, rubbish,
refuse or recyclables placed at the curb or street side for disposal
by the Village.
C.
The Superintendent of the Department of Public Works
may, from time to time, designate periods for the collection, removal,
and disposal of leaves. Leaves shall be raked into piles and placed
at the curb or street side, but not into the street.
No person shall deposit household refuse in
public litter receptacles.
