This chapter is enacted to preserve the long-range
health, safety and welfare of the public and the economic productivity
and environmental quality of the Town of Tonawanda by conserving resources
and reducing potential pollution of the environment. It is also enacted
to establish methods of collection, reduction and separation to encourage
efficient utilization of waste disposal facilities and effective reuse
of wastes.
[Amended 4-8-2002 by L.L. No. 1-2002; 3-13-2006 by L.L. No.
3-2006]
As used in this chapter, the following words,
terms or phrases shall have the meanings indicated:
AGRICULTURAL USES
The development and cultivation of the soil for the planting
of trees, fruits, vegetables or flowers.
APPEARANCE TICKET
Written notice, issued and subscribed to by a duly authorized
person, directing a designated person to appear in a designated local
criminal court at a designated future time in connection with an alleged
commission of a designated offense. A notice conforming to such definition
constitutes an appearance ticket regardless of whether it is referred
to in some other provision of law as a summons or by any other name
or title.
ASH RESIDUE
The noncombustible constituents of waste remaining after
combustion or incineration (e.g., residue from a fireplace).
CANS
Empty containers composed of aluminum, tin, steel or any
metal alloy which formerly contained only nonaerosol edible substances
or such empty metal containers as have been approved by the recycling
regulations.
CARDBOARD
Heavy paper items normally used for packaging, mailing, shipping
or containing goods, merchandise or other material, but excluding
plastic, foam or wax-coated or soiled heavy paper items.
COLLECTION
The act of picking up waste material from the public right-of-way
abutting homes, businesses or industrial sites.
COMPOST
Organic material which may be reduced to humus through organic
activity.
COMPOSTING
A process through which organic material such as grass and
leaves is reduced to humus through organic activity.
CONSTRUCTION AND DEMOLITION DEBRIS
Waste material from building, remodeling, repair and/or removal
of homes, office buildings, industrial plants and schools, including
but not limited to wood scraps, metal, concrete, brick, block, wire
and industrial packaging material.
CONTRACTOR
Any person who contracts to supply certain material or to
do certain work for a stipulated sum.
ECONOMIC MARKETS
For purposes of this chapter, the term "economic markets"
refers to instances in which the full avoided costs of property collection,
transportation and disposal of recyclable material are equal to or
greater than the cost of collection, transportation and sale of recyclable
material less the amount from the sale of said material.
GARBAGE
All toxic refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof (and
material ordinarily used for food which has become unfit for such
use or which for any reason has been discarded), including market
refuse and waste from the handling, storage or sale of produce.
GENERATOR
Any person responsible for originating, producing or placing
for collection any waste material, garbage, nonrecyclable rubbish
or trash or recyclable material.
GLASS CONTAINERS
All clear (flint), green and brown (amber) colored glass
containers, excluding crystal, ceramic, light bulbs, plate, window,
laminated, wired or mirrored glass and glass cookware.
LARGE HOUSEHOLD FURNISHINGS
Large and/or bulky articles actually used in the home which
equip it for living, including but not limited to chairs, sofas, tables,
beds and carpets.
LEAD-ACID BATTERIES
Type of electrical storage battery commonly used in automobiles
and trucks.
MAJOR APPLIANCES
Large and/or bulky mechanisms ordinarily operated by gas
or electric current, including but not limited to refrigerators, freezers,
washers, dryers and stoves.
NEWSPAPER
Paper of the type commonly referred to and known as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other information or communication, excluding magazines, phone books,
periodicals and papers that have a shiny or wax-coated surface.
NONRECYCLABLE REFUSE AND RUBBISH
All waste material discarded as useless or worthless trash,
including but not limited to rags, sweepings, rubber, leather, crockery,
shells, clothing, straw, dirt and ash.
PAINT
A substance composed of solid coloring matter suspended in
a liquid medium and applied as a protective or decorative coating
to various surfaces or to canvas or other material.
PERSON
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
PLASTIC CONTAINERS
Empty plastic food and beverage containers, as defined by
the recycling regulations, including but not limited to containers
used for milk, detergent, apple cider, water, soft drinks and vegetable
oil.
PRIVATE COLLECTOR
Any individual, partnership, corporation or other entity
operating for profit who or which collects waste material, garbage,
nonrecyclable rubbish and refuse and/or recyclable material from any
property within the Town of Tonawanda.
PUBLIC RIGHT-OF-WAY
The land abutting a given premises between the sidewalk and
curb or the land beyond the pavement or stone of a road, street, alley
or highway but within the width of the road, street, alley or highway
as surveyed or laid out in the records of the Superintendent of Highways.
RECYCLABLE MATERIAL
All material specified by the Town of Tonawanda for collection
pursuant to this chapter and/or recycling regulations promulgated
hereunder, including but not limited to cans, glass containers, newspaper
and plastic.
RECYCLING REGULATIONS
Rules adopted pursuant to this chapter and as amended from
time to time by the Superintendent of Highways to implement the program
hereby established and known as the "Town of Tonawanda Recycling Regulations."
SOURCE-SEPARATED
Waste material prepared for collection at the premises of
generation.
TIRES
Rings or bands of rubber, either solid or hollow and inflated,
placed over the rims of wheels to provide traction, resistance to
wear or other properties, including the following:
A.
Passenger car: sizes thirteen-inch, fourteen-inch,
fifteen-inch and sixteen-inch.
B.
Light truck: sizes sixteen-inch to nineteen-inch.
C.
Semitruck: sizes up to and including 1124.5
series.
TOTE
A pestproof, permanent receptacle constructed of high-quality
vinyl plastic which is airtight, watertight, and provided with an
attached, tight-fitting cover which stores up to 100 gallons of garbage
or nonrecyclable waste material, refuse and rubbish or recyclable
material. Such a receptacle shall be suitable for semi-automated or
automated collection methods and shall be approved for use by the
Superintendent of Highways.
[Amended 11-19-2007 by L.L. No. 14-2007; 4-24-2017 by L.L. No. 2-2017]
TOWN BOARD
The Town Board of the Town of Tonawanda.
TOWN CLERK
The Town Clerk of the Town of Tonawanda.
USED OIL
Any motor oil previously used in machinery, but not including
other petroleum fluids.
WASTE MATERIAL
Products and material to be discarded after use from any
premises within the Town of Tonawanda, including but not limited to
nonrecyclable and recyclable material.
YARD WASTE
Grass, leaves, brush, plants or dirt material from vegetable
and flower gardens, lawns and yards or ash from fireplaces or wood
stoves.
There is hereby established a program for separation,
preparation for collection and collection of waste material generated
in the Town of Tonawanda. The program shall be under the supervision
of the Superintendent of Highways, who shall make rules and regulations
for its implementation, subject to the approval of the Town Board.
Such rules and regulations shall be known as the "Town of Tonawanda
Recycling Regulations."
[Added 11-19-2007 by L.L. No. 14-2007; amended 4-24-2017 by L.L. No.
2-2017]
Totes conforming to the specifications of this
chapter shall be used by the owners/occupants of all improved properties
in the Town, whether residential or nonresidential, when storing and
placing garbage and nonrecyclable waste material, refuse or rubbish
for collection by the Town. The initial recycle totes will be supplied
by the Town Highway Department to property owners pursuant to its recycle rules and regulations. Additional
totes may be obtained by the property owner from the Superintendent
of Highways at a cost to be established by the Town Board. The Superintendent
of Highways is hereby authorized to and shall promulgate rules and
regulations describing the procedure which must be complied with in
order to obtain a tote. The manner in which the cost of the additional
tote(s) is to be paid by the property owner shall also be established
by the Town Board.
[Added 4-24-2017 by L.L.
No. 2-2017]
Such totes shall at all times remain the property of the Town
of Tonawanda.
[Amended 1-25-1999 by L.L. No. 1-1999; 4-8-2002 by L.L. No.
1-2002; 3-13-2006 by L.L. No. 3-2006]
All garbage and waste material in the Town of
Tonawanda placed by owners/occupants of residential and nonresidential
property for collection by the Town of Tonawanda in accordance with
this chapter shall be placed in the public right-of-way abutting the
premises where said garbage and waste material is generated and shall
be prepared as follows:
A. Garbage and nonrecyclable waste material, refuse and
rubbish or recyclable material shall be placed in a tote which conforms
to the specifications of this chapter. Domestic animal waste shall
be thoroughly wrapped in dry paper or other similar dry substance
and placed in a tote. Similarly, carcasses and hides of wildlife should
also be disposed of in this manner.
[Amended 3-26-2007 by L.L. No. 2-2007; 11-19-2007 by L.L. No.
14-2007; 4-24-2017 by L.L. No. 2-2017]
(1) While being stored in the tote, prior to collection,
the lid of the tote shall be tightly closed.
(2) After the tote is placed in the public right-of-way
for collection, the lid of the tote shall be tightly closed.
(3) The owner/occupant of the property is not permitted
to allow the tote to overflow. No garbage or nonrecyclable waste material,
refuse or rubbish nor recyclable material shall be placed on top or
outside of the tote.
(4) Construction and demolition debris or fill and yard waste placed in the public right-of-way for collection shall be placed in a tote, or in a disposable clear or translucent plastic bag which is air and watertight when closed by lacing, or may be tied in bundles in accordance with Subsection
L herein.
(5) Every owner of property shall supply an adequate number
of totes for the safe storage and/or disposal of garbage and nonrecyclable
waste material, refuse and rubbish, and recyclable material as may
be required by the occupants of the property.
(6) Prior to being placed in the right-of-way for collection,
all totes shall be stored behind the front building line of any street
unless specifically authorized by the Superintendent of Highways or
the Code Enforcement Officer.
(7) The owner/occupant shall clean the tote as necessary
to avoid noxious or offensive odors and to prevent rodent breeding
and infestation.
B. Recyclable material shall be placed in recycling totes
provided by the Town of Tonawanda as follows:
[Amended 4-24-2017 by L.L. No. 2-2017]
(1) Newspaper shall be placed in paper bags strong enough
to contain it.
(2) Cardboard boxes shall be disassembled and flattened.
(3) Cans, glass containers and plastic containers shall
be rinsed clean of original contents. Caps and rims shall be removed
from glass containers.
(4) No material other than recyclable material prepared
in accordance with this chapter shall be placed in a recycling tote.
C. Yard waste shall be placed for collection at the times
and in the manner prescribed by the recycling regulations.
D. Brush and tree parts which result from work performed
by the owner or occupant of a residence may be placed for collection
by the Town of Tonawanda in the manner prescribed by the recycling
regulations.
E. Nothing herein shall prevent any person from utilizing
yard waste for compost, mulch or other agricultural, silvicultural,
gardening or landscape use.
F. Construction and demolition debris which results from
work performed by the owner or occupant of a residence may be placed
for collection in the public right-of-way abutting the premises where
said work was performed if placed in totes or tied in bundles.
G. Major appliances; large household furnishings.
(1) Major appliances or large household furnishings may
be placed for collection on the scheduled waste collection day.
(2) It shall be unlawful for any person to discard or
place any refrigerator or freezer in a public right-of-way for collection
unless the door or doors of the same or the latching or locking mechanism
on the door or doors of the same has been removed or dismantled.
H. All used oil and paint shall be placed in separate
sealed containers, which shall be clearly labeled as to contents.
I. All lead-acid batteries shall be separated from other
waste. Batteries must be clearly visible to waste collection personnel.
J. To reduce the risk of bodily harm, protruding nails,
glass and/or other sharp objects shall be removed from all waste prior
to being deposited in containers or bundled for collection.
K. All ash residue must be cooled, dampened and contained
so as to reduce the risk of fire and personal injury.
L. No bundle prepared for collection shall exceed 72
inches in length, 38 gallons in volume or 60 pounds in weight.
[Added 5-22-2006 by L.L. No. 6-2006;
amended 3-26-2007 by L.L. No. 2-2007; 4-24-2017 by L.L. No. 2-2017]
Owners/occupants of residential and nonresidential property in the Town of Tonawanda who utilize a private collector are exempt from the requirement to utilize a tote for the storage and collection of garbage, nonrecyclable and recyclable waste material. Any such owner/occupant shall be required to demonstrate to the satisfaction of the Superintendent of Highways or Code Enforcement Officer, or their designees, that the private collector has provided a receptacle for the storage and collection of garbage and nonrecyclable or recyclable waste material, which, at a minimum, is equal to a tote and is in compliance with the provisions of §
181-4 of this chapter.
The Superintendent of Highways shall designate the days and times for the removal of all waste material from the public rights-of-way, public roads, streets, highways and alleys in the Town of Tonawanda, outside the corporate limits of the Village of Kenmore. On such designated days, it shall be lawful for any person to place within the public right-of-way abutting their premises waste material prepared in accordance with §
181-4 of this chapter, provided that their premises are subject to a garbage district tax.
A. All waste to be collected by the Town of Tonawanda
shall be placed for collection by 7:00 a.m. on the designated collection
day. The Town of Tonawanda hereby assumes no responsibility to collect
waste that is placed for collection after 7:00 a.m. on the designated
collection day.
B. No waste material shall be placed within the public
right-of-way more than 24 hours prior to the designated collection
time.
C. All totes shall be removed from the public right-of-way
or other place of collection by the occupants of the premises where
collected no later than 7:00 p.m. of the designated collection day.
[Amended 3-13-2006 by L.L. No. 3-2006; 4-24-2017 by L.L.
No. 2-2017]
D. The Town of Tonawanda hereby assumes no responsibility
to collect, and no person shall place in a public right-of-way, waste
material not separated and prepared pursuant to the provisions of
this chapter and the recycling regulations.
E. Public rights-of-way.
(1) No person shall place in a public right-of-way, and
the Town of Tonawanda hereby assumes no responsibility to collect,
the following waste material:
(a)
Waste material generated outside the Town of
Tonawanda or outside any garbage district of the Town of Tonawanda.
(b)
Waste material generated on premises which do
not abut the same public right-of-way where it is deposited for collection.
(2) The fact that waste material is in a public right-of-way
shall be rebuttable prima facie evidence that such material was placed
there by the owner or occupant of the premises abutting that public
right-of-way.
F. No person shall accumulate or permit the accumulation
of garbage and waste material upon property owned or occupied by said
person for a period longer than seven days, except for holidays, Sundays,
or extraordinary weather.
[Added 3-13-2006 by L.L. No. 3-2006]
The Superintendent of Highways is hereby authorized
to promulgate and, from time to time, amend the recycling regulations,
subject to the approval of the Town Board. Said amendments shall include,
but not be limited to, regulations relating to the separation, preparation,
placement and collection of waste material.
[Amended 3-13-2006 by L.L. No. 3-2006 ]
It shall be unlawful for any person not authorized
to do so to remove the lid from any tote or to collect, molest or
scatter any waste material, garbage, nonrecyclable rubbish and refuse
and/or recyclable material set out for collection.
Commencing immediately with the time any person lawfully places any recyclable material within a public right-of-way for collection by the Town of Tonawanda, that recyclable material shall become the property of the Town of Tonawanda for the limited purposes expressed in this chapter; however, the Superintendent of Highways may, by recycling regulations, exempt from Town ownership such material or items as may be deemed without value, for which no economic market exists. No person who is not acting under authority of the Town of Tonawanda or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable material so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the Town of Tonawanda has refused to collect recyclable material because it has not been placed or prepared according to the provisions of this chapter, the person responsible for initially placing that material shall remove it from the public right-of-way as provided in §
181-16 herein.
[Amended 3-26-2007 by L.L. No. 2-2007]
Upon completion of any construction activity
requiring a building permit, all construction and demolition debris
left on any lot or premises within the Town of Tonawanda, outside
the corporate limits of the Village of Kenmore, shall be removed from
said lot or premises by the contractor performing the construction
activity within 30 days after final completion of the structure or
termination of the construction activity. The Code Enforcement Officer
shall, in his discretion, determine when the structure is complete
or when construction activity has terminated. Failure to comply with
this section may result in a proceeding against the contractor, owner,
lessee, occupant or other person responsible for the waste material,
as provided herein.
Tires will not be picked up or removed by the
Town of Tonawanda or any district or agent thereof. The Town of Tonawanda
may dispose of tires generated within the Town of Tonawanda, for a
nominal charge per tire, only if tires are brought to the Town of
Tonawanda Highway Department at a site designated by the Superintendent
of Highways by recycling regulations and proof of residency or property
ownership is provided. The fees for said disposal shall be established
and periodically amended by the recycling regulations.
Any person who shall deposit or leave or cause
any other person to deposit or leave in any public right-of-way, road,
street, highway or alley in the Town of Tonawanda, outside the corporate
limits of the Village of Kenmore, any waste, unless contained and
prepared as specified in this chapter and within 24 hours prior to
the designated collection time, shall be in violation of this chapter
and subject to the penalties provided herein.
Where the Town of Tonawanda has not collected
waste material because it was not placed or prepared in accord with
the provisions of this chapter, the person who placed it for collection
and the owner of the premises whereon the waste material was generated
shall remove such material as soon as possible after the Town of Tonawanda
has refused collection and, in any event, by 7:00 p.m. of the designated
collection day. The failure to remove any such material by 7:00 p.m.
on the designated collection day shall constitute a violation of this
chapter.
It shall be the duty of the owner, lessee or
occupant of every residence, store, dwelling or other building within
the Town of Tonawanda, outside the corporate limits of the Village
of Kenmore, to keep such residence, store, dwelling or other building,
with all its appurtenances or parts thereof occupied by such occupant,
clean and free from all kinds of flammable waste or waste that is
easily ignited and to keep sidewalks and all yard areas on the occupied
premises free, clear and clean of all waste material of any kind or
description. The failure to abide by this duty shall be a violation
of this chapter.
[Added 5-22-2006 by L.L. No. 6-2006]
A. No owner/occupant of residential and nonresidential
property shall store, place or allow to accumulate any materials that
may serve as food or harborage for rodents in a site accessible to
rodents.
B. Firewood or woodpiles shall be stacked at least 12
inches above the ground, away from walls or fences, shall be reasonably
secure and shall be stabilized in a structurally sound manner so as
to avoid a risk of harm from collapse or movement.
C. No person shall feed in the open any domestic or wild
fowl, birds or animals, except in such a manner as to prevent the
scattering of feed or seed upon the ground or ground level, which
can or will provide food for rodents, insects, vermin or other pests.
D. Owners of nonresidential property must have a rodent
control program in effect which provides for abatement and control
of rodents by a licensed exterminator.
E. Prior to the issuance of a demolition permit, the
applicant for the permit must establish that a licensed exterminator
has completed rodent abatement at the site or certify that the property
is free from rodents or other vermin.
All employees or agents of the Town of Tonawanda,
including those engaged in the work of collecting waste, are hereby
authorized to report each and every violation of this chapter to the
Superintendent of Highways.
[Amended 3-26-2007 by L.L. No. 2-2007]
A. The Superintendent of Highways, Code Enforcement Officer
and such other persons as may be designated by resolution of the Town
Board are hereby authorized and directed to enforce this chapter;
to cause collections to be made according to this chapter; and to
cause to be printed and distributed proper notice to each premises
within the garbage district to notify persons governed by this chapter
of the dates and times for waste collection and of the recycling regulations
promulgated pursuant to this chapter.
B. The Superintendent of Highways and the Code Enforcement
Officer or a person designated by him are hereby authorized to issue
and serve appearance tickets with respect to violations of this chapter.
An appearance ticket shall be served personally by the Superintendent
of Highways or by a person designated by the Superintendent of Highways
on the person designated as the person alleged to have committed an
offense.
Chapter 101, Garbage, Rubbish and Refuse, of
the Town Code of the Town of Tonawanda is hereby repealed.
[Amended 5-22-2006 by L.L. No. 6-2006]
A. Any violation by a person, firm or corporation of
any provision of this chapter or the recycling regulations, as amended
from time to time, shall be deemed a violation punishable by the following:
(1) First violation: a written warning;
(2) Second violation within 12 months of the first violation:
a fine of $50;
(3) Third violation within 12 months of the first violation:
a fine of $100;
(4) Fourth violation within 12 months of the first violation:
a fine of $150; and
(5) Each subsequent violation within 12 months of the
first violation: a fine of $250.
B. Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C. Each day that a violation of this chapter is committed
or permitted to exist shall constitute a separate offense.
D. The notice of violation shall state the date of the
violation, the specific violation, the fine imposed and the date on
which the violator may appear in the Town of Tonawanda Justice Court
to contest the violation. The notice of violation shall be signed
and affirmed by the Code Enforcement Officer or Superintendent of
Highways, or their designees.
[Amended 3-26-2007 by L.L. No. 2-2007]
E. If a penalty imposed pursuant to this section remains
unpaid for 30 days, the Town Board may authorize the Town Attorney
to continence legal action to collect such fine.