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Village of Fairport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fairport as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 169.
Brush, grass and weeds — See Ch. 186.
Outdoor storage — See Ch. 347.
Sewers — See Ch. 400.
[Adopted 10-15-2013 by L.L. No. 3-2013[1]]
[1]
Editor's Note: This local law was approved by the Mayor 11-12-2013. This local law also repealed former Art. I, Garbage and Refuse, adopted 4-16-1940 (Ch. 21 of the 1968 Code), as amended.
This article shall be known as the "Garbage and Refuse Ordinance."
In order to protect and promote the health, safety and welfare of the people of the Village of Fairport, the Village Administrator is authorized and directed to implement and enforce the provisions of this article controlling the storage, collection and disposal of refuse within the Village, to provide the public refuse collection and disposal services as defined and limited by this article and within the appropriations made therefor by the Village Board, to provide disposal of some types of refuse by recycling and to regulate and control the establishment, maintenance and operation of refuse collections. All services provided under this article shall be in compliance with all state and local environmental health statutes and regulations.
As used in this article, the following terms shall have the meanings indicated:
CURBSIDE TRASH
All refuse material which would ordinarily not be placed in a garbage or refuse receptacle, but would be placed next to the curb for pickup, including but not limited to leaves, shrubbery trimmings, branches, large pieces of wood, trees, bedsprings, mattresses and any discarded furniture or appliances.
GARBAGE
All waste animal, fish, fowl, fruit or vegetable matter produced from or resulting from the use and storage of food for human consumption, and includes spoiled food and dead animals found within the Village limits.
REFUSE
Includes all discarded, relatively dry, miscellaneous refuse material which is capable of being burned or incinerated, comprising chiefly of wood, paper, newspaper, rags, excelsior, straw, leather, rubber, boxes, sweepings from buildings, tree trimmings, shrubbery trimmings, leaves, grass and other discarded articles of similar nature, and also all rubbish or materials of domestic or commercial origin incapable of being burned or incinerated, including tin cans, tinware, bedsprings, metal, auto parts, pipe, other metallic substances, bottles, glassware, earthenware and like materials.
No person shall throw or scatter or cause to be thrown or scattered any refuse or garbage or any other material upon any of the streets or public places in the Village of Fairport.
No person shall deposit or cause to be deposited upon any property within the corporate limits of the Village of Fairport any garbage or refuse, and so-called "dumping" is hereby prohibited. No garbage, refuse or other obnoxious or contaminating substance shall be deposited or thrown in any running water or other body of water within said Village.
A. 
No person or householder shall dispose of refuse and garbage in the home or commercial establishment, nor shall any person bury garbage or refuse upon his property.
B. 
It shall be unlawful for any person to burn brush, lumber, leaves, straw, rags, paper or any other combustible material in any street or alley in said Village or upon any premises in said Village, except that commercial household incinerators may be utilized if they produce no smoke or odors that are classed as nuisances or hazards.
C. 
No person shall suffer or permit garbage, refuse or ashes to collect or remain upon premises owned or occupied by him so that the same shall become offensive or dangerous to the public health or to any person or property.
D. 
No person shall keep or permit to be kept upon, in or about any premises in the Village of Fairport any oily waste or oily rags unless at all times when not actually in use said oily waste and oily rags shall be kept in a metal can with a self-closing cover and riveted joints, standing on metal legs so as to raise the bottom of the container at least five inches above the floor.
All refuse containers offered by collection by the Department of Public Works shall meet the requirements set forth in the Refuse Rules and Regulations.
A. 
The Department of Public Works shall collect and dispose of all residential refuse and commercial refuse as further limited by this article, unless said user chooses to contract with a private refuse hauler. Such refuse shall be stored and prepared for collection by property owners and occupants in accordance with the provisions of this article. The Department shall not collect industrial, infectious or hazardous waste, or any other waste deemed as unacceptable waste by the Village Board.
B. 
The Village Board may, by resolution, promulgate regulations covering the items of collection of refuse and the fees charged therefor and such other matters pertaining to the public collection and disposal of refuse as it may deem necessary, provided that such regulations are not contrary to the provisions hereof.
The Board of Trustees may by resolution adopt, modify or repeal a schedule or schedules of collection for the various sections of the Village, and all garbage and refuse shall be ready for collection at the time fixed in such schedule.
Residential refuse, commercial refuse and bulk refuse offered for collection by the Department of Public Works shall be prepared for collection by the owner and/or the occupant of the premises provided it conforms with the requirements set forth in the Refuse Rules and Regulations.
No refuse shall be placed or stored on any premises within the Village except as permitted by this article. Such refuse shall be stored in a manner so as not to create a health hazard or public nuisance. Refuse shall not be placed or stored in the front yard setback, street, sidewalk or gutters or in any public place, except as directed herein or by the Village Administrator.
The placement of all containers offered by collection by the Department of Public Works shall meet the requirements set forth in the Refuse Rules and Regulations.
The Board of Trustees of the Village of Fairport shall have the right from time to time to hire or contract with one or more persons, fines or corporations, upon such terms and conditions as such Board shall provide, for the collection and disposal of garbage and refuse, such contract to be awarded upon competitive bidding for the same after publication of a request for bids in the official newspaper. The Board of Trustees may at any time hereafter establish a municipally operated collection service for garbage and refuse and may purchase such equipment as may be necessary for the proper operation of the same.
No person shall interfere with or remove or scavenge for material in any container which has been placed at the curb or in a dumpster by the owner or occupant for collection by the Department of Public Works, curbside trash excepted.
Litter containers placed outside for public use are to be used for the deposit of litter generated on the public right-of-way by pedestrians and motorists. The placing into litter baskets of refuse originating from homes, commercial or industrial establishments is prohibited.
No person shall place, or cause to be placed, any refuse for the purpose of disposal on any premises unless he or she is the owner or occupant of said premises.
The Board of Trustees may designate, establish and maintain municipal dumping grounds either within or without the Village limits.
Any collection service established by the Village pursuant to the provisions of this article shall be for the purpose of collection and disposing of household garbage and refuse and that produced by retail stores and businesses. Manufacturing establishments must dispose of their own waste.
A. 
The Village Administrator shall have the authority to abate any sanitary health hazard or public nuisance and charge the property owner the cost of the abatement.
B. 
The Village Administrator shall have the authority to suspend or revoke service to any property in the case of violation of this article. Such suspension or revocation shall only occur after a written notice of violation has been sent to the record owner of the property and the condition has not been corrected within 15 days.
Any person aggrieved by a decision or regulation of the Village Administrator arising out of this article shall have the right to appeal to the Village Board, who shall have the authority to confirm, modify or revoke such decision or regulation.
A. 
Any person violating any of the provisions of this article shall be liable for and forfeit and pay to the Village of Fairport a penalty not exceeding $250.00 or by imprisonment for not more than 15 days, or both, for each offense.
B. 
Each day that a violation exists shall constitute a new and separate offense.
This article shall become effective immediately upon completion of filing with the Secretary of State.
[Adopted 9-9-1991 by L.L. No. 4-1991 (Ch. 41C of the 1968 Code)]
This article shall be known as the "Solid Waste Management Law of the Village of Fairport."
The Village Board finds that:
A. 
Removal of certain materials from the solid waste stream will decrease the flow of solid waste to landfills, aid in the conservation of valuable resources and reduce the required capacity of existing and proposed resource facilities.
B. 
The New York Solid Waste Management Act of 1988 requires that municipalities adopt a local law or ordinance by September 1, 1992, to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist.
A. 
This article is adopted pursuant to Chapter 541 of the Laws of 1976, as amended, and Chapter 552 of the Laws of 1980 of the State of New York, as amended to:
(1) 
Institute a plan for the management of recyclable materials generated or originated in the Village to promote the safety, health and well-being of persons and property within the Village.
(2) 
Implement the express policy of the State of New York encouraging solid waste reduction through recycling by requiring any person in the Village to recycle waste as set forth in § 425-23.
B. 
It is the Village's ultimate goal to recycle all of the items defined in this article as recyclable materials; however, the Village recognizes this can occur only as the appropriate facilities become available. Therefore, the recyclable materials which are mandated for pickup shall be set forth from time to time by the Village Board.
As used in this article, the following terms shall have the meanings indicated:
ADMINISTRATOR
The Solid Waste Administrator of Monroe County.
AUTHORIZED HAULER
Any person licensed or authorized by the Village to collect and transport recyclable materials generated or originated within the Village.
AUTHORIZED RECYCLING FACILITY OR FACILITIES
A permitted facility or facilities for processing recyclable materials specified in the rules and regulations promulgated pursuant to this article. This term shall exclude incinerating facilities, waste-to-energy facilities and landfills.
CONTAINER
A blue box container with a county or Village logo for recyclable materials readily identifiable by the hauler as a container for recycling materials.
COUNTY
The County of Monroe.
EXECUTIVE
The County Executive of Monroe County.
FACILITY
Any solid waste management resource recovery facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage, processing or disposal of solid waste or the recovery by any means of any material or energy processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or landspreading of solid waste, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities.
HAZARDOUS WASTE
Any hazardous waste as defined under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., or a hazardous substance as defined under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., or hazardous waste as defined under the New York Environmental Conservation Law, § 27-0901, et seq., as each such law may be amended from time to time, and the regulations promulgated thereunder and any analogous or succeeding federal, state or local law, rule or regulation and any regulations promulgated thereunder any other material which any governmental agency or unit having appropriate jurisdiction shall determine from time to time cannot be processed at the facility because it is harmful, toxic or dangerous.
OTHER RECOVERABLE MATERIALS
Any material, substance, by-product, compound or any other item generated or originated within the Village and separated from solid waste at the point of generation for separate collection, sale, external reuse or reprocessing and/or disposition other than by disposal in landfills, sewage treatment plants or incinerators. Other recoverable materials do not include recyclable materials as defined therein.
PERSON
Any natural person, partnership, association, joint venture, corporation, estate, trust, association, county, city, town, village, improvement district, governmental entity, school district or other legal entity.
RECYCLABLE MATERIALS
Includes, but is not limited to the following:
A. 
Aluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
B. 
Woodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
C. 
Woodpulp material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with wax coating.
D. 
Material resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
E. 
New and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear- (flint), green- and brown- (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
F. 
Magazines, glossy catalogs and other glossy paper.
G. 
White and colored office bond, duplicating paper, computer paper and other high-quality paper.
H. 
Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
I. 
Containers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
J. 
Common, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
K. 
Includes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET), commonly used for soda, milk and other containers.
L. 
Includes logs, pallets and other wood materials.
M. 
Grass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
RECYCLING or RECYCLED
Any method, technique or process utilized to separate, process, modify, convert, treat or otherwise prepare solid waste so that its component materials or substances may be beneficially used or reused as raw materials.
SOLID WASTE
All putrescible and nonputrescible solid wastes which are generated or originated within the Village, including but not limited to materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, or are being accumulated, stored or physically, chemically or biologically treated prior to being discarded, have served their intended use or are a manufacturing by-product, including but not limited to garbage, refuse and other discarded solid materials, including solid waste materials, resulting from industrial, commercial and agricultural operations and from community activities, sludge from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form or hazardous waste as defined in this article.
SOURCE SEPARATION
The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
VILLAGE
The Village of Fairport.
WASTE STREAM REDUCTION PROGRAM
Includes source separation, recycling programs, changes to the packaging portion of the waste stream to reduce solid waste generated, the activities and enterprises of scrap dealers, processors and consumers and other programs designed to reduce the volume of solid waste or enhance reclamation and recovery of solid waste or recyclable materials otherwise destined for the municipal waste stream. For purposes of this definition, such reduction programs shall not include the processing of waste for incineration or disposal by other means.
A. 
Solid waste generated or originated within the Village which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be disposed as follows:
(1) 
Prior to initial collection or transport, such solid waste shall be source separated by any person into recyclable, reusable or other components for which economic markets exist.
(2) 
Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection. The Village may order such exceptions as it determines are in the public interest.
(3) 
All recyclable materials generated or originated within the Village must be delivered to an authorized recycling facility or handled through a waste stream reduction program.
(4) 
No authorized recycling facility or waste stream reduction program shall receive recyclable materials generated or originated within the Village except as permitted by law.
B. 
Disposal of solid waste which is barred from all authorized facilities by rules, regulations or orders promulgated pursuant to Monroe County's Solid Waste Management Local Law or this article or by any other law, regulation or ordinance shall not otherwise be regulated by this article.
C. 
No hazardous waste may be delivered to an authorized recycling facility.
D. 
No facility other than an authorized recycling facility shall accept for disposal recyclable materials which have been source separated.
A. 
Only persons who are acting under authority of the Village or an authorized hauler shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials placed in or adjacent to a container for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this article. However, where the county, Village or an authorized hauler has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this article, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or street side.
B. 
Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials, provided that recyclable materials to be privately collected, sold or donated shall not be placed curbside on or immediately preceding the day for collection of such recyclable materials. Any and all recyclable materials placed in a Village- or county-supplied container at curbside or at any designated collection place shall immediately become the property of the county or Village.
Haulers shall be subject to the following requirements:
A. 
All authorized haulers must enter into an authorized hauler agreement with the Village.
B. 
An authorized hauler sticker shall be prominently displayed on each vehicle operated by or on behalf of the authorized hauler.
C. 
Each hauler shall develop and submit a generic collection plan for Village approval for collecting recyclable materials from its commercial, industrial and institutional customers.
D. 
Haulers shall report to the Village the delivery of any solid waste to a collection site which has not been source separated in conformity with this article.
A. 
When the Code Enforcement Officer determines that a failure to comply with this article may have occurred, he shall recommend to the county or to the Village that the authorized hauler application be denied or the solid waste license be suspended, revoked or its holder subjected to a reprimand or that the generator or originator of the solid waste or recyclable materials be subject to sanctions or penalties as described herein.
B. 
Notice.
(1) 
The Code Enforcement Officer shall notify the affected generator, applicant or licensee of the alleged failure, in writing. The notice shall include:
(a) 
A statement of the time, place and nature of the hearing.
(b) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(c) 
A short and plain statement of the alleged misconduct.
(2) 
The notice shall be personally served or sent by registered mail to the generator, applicant or licensee's last known address, at least 10 days before the hearing date, with a copy to the Administrator.
C. 
Hearing.
(1) 
Hearings shall be held before the Village Justice within a reasonable period, which shall be at least 10 days after the service of the notice.
(2) 
The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within 20 days after the close of the hearing, the Village Justice shall:
(a) 
Determine whether the alleged failure to comply with this article has occurred; and
(b) 
If the Village Justice determines that such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied, or an existing solid waste license or authorized hauler status be suspended, revoked or its holder subjected to a reprimand and issue an order carrying out this decision.
D. 
Determinations, decisions and orders.
(1) 
Disposition may be made by stipulation, agreed settlement, consent order, default or other informal method.
(2) 
The Village Justice shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.
A. 
Inspections and appearance tickets.
(1) 
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside of residences, shall be subject to inspection by any police officer or the Code Enforcement Officer of the Village to ascertain compliance with this article, the County Solid Waste Management Law and the rules, regulations or orders promulgated pursuant to the County Law.
(2) 
Police officers and the Code Enforcement Officer are hereby authorized and directed to issue appearance tickets for violations of this article.
B. 
Penalties.
(1) 
The Village may commence a civil action to enjoin or otherwise remedy any failure to comply with this article.
(2) 
In addition to the civil sanctions provided herein, failure to comply with this article or the rules and regulations promulgated hereunder shall be a violation as defined in § 55.10 of the Penal Law, and penalties may be imposed thereunder. Appeal may be taken by the aggrieved party in the same way as an appeal of a violation under Penal Law § 55.10.
(3) 
Any penalties or damages recovered or imposed under this article are in addition to any other remedies available at law or equity.
(4) 
No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to June 1, 1992, in order to permit persons regulated hereunder to come into compliance with this article.
The provisions of this article shall be effective on the same date as the County Solid Waste Management Local Law becomes effective.