[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-16-1984 by L.L. No. 6-1984]
As used in this article, the following terms shall have the meanings indicated:
- The residue from fires used for cooking and heating buildings.
- Any refuse from animal and vegetable matter, and foodstuffs after it has been used as food; refuse from the kitchen, market, house or store; floor sweepings; table waste or animal or vegetable matter; vegetables, meats, fish, bones, fat and all offal, and organic waste substance, but not including fresh trimmings from meat markets or slaughterhouses.
- Includes one or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies, clubs and all other entities of any kind capable of being sued.
- PUBLIC NUISANCE AFFECTING HEALTH
- A nuisance which is a thing, act or occupation, or use of property, premises, equipment or structure, either private or public, affecting the health of one or more people.
- REFUSE and RUBBISH
- Combustible trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible trash, including but not limited to metal, tin cans, metal furniture, dirt, small quantities of rock and pieces of concrete, glass, crockery, other metal fixtures; street rubbish, including but not limited to street sweepings, dirt, leaves, catch-basin dirt, contents of litter receptacles; provided that refuse shall not include earth and wastes from building operations nor shall it include solid waste resulting from industrial process and manufacturing operations, such as food processing waste, boiling-house cinders, lumber scraps and shavings.
It shall be unlawful for any person to throw, spill, place, deposit or leave, or cause to be thrown, spilled, placed, deposited or left, or to permit any servant, agent or employee to throw, spill, place, deposit or leave, in or upon any street, highway, alley, sidewalk, park, public building, in any running water or body of water within the Village of Saugerties, or other public place in the Village of Saugerties, any dirt, sweepings, filth, rubbish, garbage, vegetables, dead carcass, sewage, slops, excrement, compost, stable manure, ashes, soot, tin cans, rags, wastepaper, barrels, crates, boxes, litter or loose combustible material, or unwholesome or putrescible matter of any kind.
It shall be unlawful for any person, as a passenger in or as owner, driver, manager or conductor of any cart, truck, automobile, bicycle, conveyance or other vehicle, to scatter, drop or spill, or permit to be scattered, dropped or spilled, whether the same be wrapped up in bundles, in bags or otherwise, any dirt, stone or building rubbish, or other light materials of any sort, or manufacturing, trade or household wastes, refuse, rubbish of any sort, or ashes or manure, garbage or other organic refuse or other offensive matter therefrom, or permit the same to be blown off therefrom by the wind, in or upon any street, sidewalk, alley, vacant lot, vacant premises, public buildings or other public place.
It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw, cast, deposit or place, or to cause or permit to run, drop or remain or to be thrown, cast or deposited, any rubbish, garbage, manure, offal or other decomposable organic or putrescible matter which will or might create a nuisance or act as or become a breeding place for flies or as food for rats, or discarded thing capable of holding water which might serve as a breeding place for mosquitoes, or combustible matter which might serve to increase the fire hazard of neighboring property, in or upon any vacant lot or land, or vacant place upon the surface of any lot or land, enclosed or otherwise, except at such place or places designated or provided by the Village Board of the Village of Saugerties, provided that garbage, manure, offal and other putrescible matter may be temporarily kept in suitable cans, vessels, tanks or containers which are watertight and provided with tightly fitting covers as hereinafter provided. Nothing in this section shall be construed as to prohibit the depositing of manure or fertilizers upon any private property for the purpose of cultivating or improving the same nor the maintenance of a compost pile for agricultural purposes.
[Amended 11-1-2010 by L.L. No. 6-2010]
All garbage, as the same is hereinafter defined, must be kept in durable, rust-resistant, watertight containers which shall have close-fitting covers and adequate handles to facilitate collection and which shall have a capacity not to exceed 100 gallons. All other rubbish, litter, waste, sweeping, refuse, ashes, papers, rags, glass, wood waste and materials of like character must be kept in suitable receptacles with a close-fitting cover. Provided, however, that nothing contained in this section shall be construed as to prohibit commercial, industrial, or business establishments from storing garbage, refuse, and rubbish in containers larger than 100 gallons in capacity, provided that said containers meet the other requirements set forth in this section.
It shall be unlawful to dispose of any garbage or refuse anywhere in the Village of Saugerties except in a lawfully established garbage or refuse sanitary landfill site designated by the Village Board. There shall be no open dumps within the general limits of the Village of Saugerties.
No person or corporation shall engage in the business of the collection, transportation or disposal of garbage within the Village of Saugerties unless duly licensed by the Village Clerk of the Village of Saugerties. The fee for such license under this section shall be fixed by the Village Board by resolution. Application for licenses shall be submitted to the Village Clerk in writing and shall set forth such information as the Village Board shall, by resolution, require.
Any person or corporation who shall engage in the business of the collection of garbage without obtaining a license therefor shall be in violation of this section.
Any license issued hereunder shall be effective from the date of its issuance until December 31 of the year for which issued, after which a new application for license must be made yearly.
Such license shall be personal with the licensee, It may not be sold, assigned, transferred or disposed of in any manner.
Any person, firm or corporation who commits or permits any act or acts in violation of any of the provisions of this article shall, upon conviction thereof, be liable to a penalty or fine of not more than $250 for the first offense or imprisonment for not more than 15 days, penalty or fine of not more than $500 or imprisonment for not more than 30 days for a second offense, a fine of $1,000 or imprisonment not to exceed six months.
[Amended 11-15-1993 by L.L. No. 4-1993]
Conviction for any above-mentioned violation shall constitute and effect an immediate forfeiture of the license.
In addition to the above-provided penalties and punishment, the Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such article.