[Adopted 7-7-1981 by L.L. No. 5-1981 (Ch. 205, Art. I, of the 2003 Code)]
When used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
GARBAGE
Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce; and all waste or discarded animal or vegetable matter capable of fermentation or decay.
REFUSE
Wastes that are offensive to smell or capable of causing contamination or are otherwise obnoxious and offensive.
REFUSE COLLECTOR
Any person carrying on the business of receiving, collecting, transporting or disposing of garbage, refuse and bulk rubbish or other waste for hire within the Town of Thompson.
[Amended 10-21-2003 by L.L. No. 7-2003]
RUBBISH
Waste material, tin cans, ashes, cinders, glass, pottery, discarded lumber or wood, paper or paper products, plastic, metal materials and all other discarded substances of a solid and incombustible or combustible nature.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Pursuant to 6 NYCRR Part 215, burning of any materials in an open fire is prohibited, except as allowed by Section 215.3 of that Part.
[1]
Editor's Note: See also §§ 169-7A and 169-10C of Ch. 169, Outdoor Furnaces and Boilers.
A. 
Garbage containers. All persons living and/or doing business in the Town shall keep refuse and garbage within the Town in closed, sanitary, clean, leakproof containers. Garbage containers shall be of such size and number as to provide adequate storage and shall be emptied and cleaned when necessary.
B. 
Storage of containers; family residences. All garbage containers shall be kept in a neat and orderly manner.
C. 
Storage of rubbish. All rubbish shall be placed in suitable receptacles approved by the Town Health Officer or Sanitary Aide Inspector or so securely stacked or tied in bundles as to be easily handled by one person for disposal.
[Amended 10-21-2003 by L.L. No. 7-2003]
D. 
Accumulations. No person shall cause or permit any accumulation of garbage, rubbish or refuse about or upon the premises owned, occupied or used by him so as to cause such accumulation to be unsanitary, unsightly or hazardous to the property, life, health, safety or welfare of the public.[1]
[1]
Editor's Note: Original § 56-3E, Improper disposal or handling, of the 1981 Code, which immediately followed this subsection, was repealed 10-21-2003 by L.L. No. 7-2003.
No person shall leave or deposit or cause to be left or deposited any abandoned vehicle or parts thereof in or upon any public highway, street or place within the Town.
All garbage, refuse and rubbish generated in the Town of Thompson, except any dangerous, harmful, deleterious or other substances which, according to applicable law, ordinance, rule, regulation or agreement between the Town of Thompson and any landfill operator, cannot be disposed of in such landfill, shall be delivered to the landfill designated by the Town of Thompson.
Any dangerous, harmful or deleterious or other substances originating in the Town of Thompson which cannot be disposed of in the designated landfill site shall be disposed of in accordance with all applicable laws, ordinances, rules or regulations of the state and federal governments and any other authority having jurisdiction over the same.
Notwithstanding the foregoing, any recyclable or salvageable material may be collected and stored in a clean and sanitary manner and may be disposed of for recycling or salvaging pursuant to all applicable laws, ordinances, rules and regulations of the state and federal governments and any other authority having jurisdiction over the same.
[Added 4-4-1989 by L.L. No. 2-1989; amended 6-1-2004 by L.L. No. 3-2004; 9-21-2021 by L.L. No. 9-2021]
Anything herein to the contrary Town of Thompson notwithstanding, dumpsters and enclosures ma be used in the pursuant to the guidelines set out herein.
[Added 9-21-2021 by L.L. No. 9-2021]
Dumpsters or large garbage or refuse containers, including trash compacters, for use on private land shall be inconspicuous and obscured from public view on all four sides and shall be kept in a clean and neat condition, and the surrounding area must be free of litter. All dumpsters must be designed and sized to accommodate any and all waste types produced by the user(s), including and not limited to recycling, cardboard and grease.
A. 
Enclosures.
(1) 
Dumpster enclosures are required for all dumpsters Town wide.
(2) 
Enclosures shall not be permitted in the front yard setback. Consideration shall then be given to side yards. No dumpster shall be stored in front of a business or residence or in front of the building line closest to the street or within 25 feet of a public road or public right-of-way.
(3) 
Placement of enclosures shall be planned and constructed in a manner that allows unobstructed access to each dumpster and the opening of gates for pickup and disposal.
(4) 
Enclosures shall not be located as to have any service vehicle block any street intersection, driveway entrance or fire access lane.
(5) 
Enclosures adjacent to residentially zoned properties shall be placed as far as possible from the residential property line.
(6) 
Enclosures with swing gates shall be set back from the property line a distance equal to the width of the gate.
(7) 
All enclosures shall have service access gates. Gates cannot swing over the property line or into the public-right-of-way when open. Where possible, gate access to the enclosure should be located out of direct view from parking areas and principal building entrances, and shall be maintained in a closed position other than times of refuse pickup or delivery.
(8) 
For serving multiple commercial or residential tenants, a separate thirty-six-inch access gate shall be constructed for use by the tenants.
(9) 
Enclosures shall have a visible sign with the contact information of the owner or property maintenance company or leasee.
B. 
A building permit shall be required and approved prior to the construction of any enclosure.
(1) 
A copy of the property survey or approved site plan showing, including but not limited to the proposed dumpster enclosure, location, setback from the property lines, location of gate openings (including swing), dimensions, material, height and landscaping shall be submitted to the Building Department along with the building permit application.
(2) 
Building permit fees will be based upon the cost of construction.
C. 
The approval authority, with respect to applications hereunder, shall be as follows:
(1) 
The Planning Board shall be the approval authority with respect to any application which requires the issuance of any other permit or approval by it pursuant to the local laws and ordinances of the Town of Thompson, including any application which also requires the issuance of any permit or approval by the Zoning Board.
(2) 
The Code Enforcement Officer or deputy/designee in absence shall be the approval authority with respect to all other regulated activities, and no public hearing shall be required.
[Added 9-21-2021 by L.L. No. 9-2021]
Property owners shall maintain enclosures in good repair and in a safe and structurally sound condition. Property owners must maintain the effectiveness of vegetation screens by properly caring for and replacing, as necessary, the plantings that serve as screening devices.
A. 
Enclosures can be constructed of wood lumber, composite lumber, masonry, concrete or a suitable sturdy material conditioned to withstand the weather.
B. 
Landscape screening shall be considered when space permits.
C. 
Enclosure height shall be 12 inches greater than the highest part of the dumpster.
D. 
Enclosures and approach aprons must be constructed on a surface capable of withstanding vehicular loading and surfaces must allow access for placement and removal of containers.
E. 
Service access gates must:
(1) 
Be constructed with a sturdy metal frame and hinges.
(2) 
Contain hinge assemblies that withstand the weight and movement of the gates as to not sag.
(3) 
Be opaque, nonsee-through material.
(4) 
Have gate stops and latches that are functional in the full open and close position.
(5) 
To protect gates, bollards may be required. Bollards shall not interfere with access to the dumpster.
[Added 9-21-2021 by L.L. No. 9-2021]
A. 
Hardship and reasonable modifications shall be considered for properties with previous approved site plans, the Planning Board may administratively vary the requirements based on the recommendations of the Code Enforcement Officer. For all other applications the Zoning Board, after a public hearing in accordance with the Town Code, may grant an exemption or modify the requirements with conditions.
B. 
Enclosures may not be required for dumpsters that are stored on private property that is screened by fencing and is not visible off site.
[Added 9-21-2021 by L.L. No. 9-2021]
All new commercial and multifamily property dumpsters and enclosures shall be in compliance with this code. Any existing dumpsters and enclosures that fall in disrepair and require replacement shall comply with these regulations.
[Added 9-21-2021 by L.L. No. 9-2021]
A. 
Any person who violates any provision of this chapter shall be guilty of a violation pursuant to the Penal Law, punishable by a fine of not more than $500. For a second and each subsequent offense, the violator shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or a term of imprisonment up to 30 days, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
B. 
In lieu of the criminal penalties above, any person who violates, disobeys or disregards any provision of this chapter shall also be liable to the people of the Town of Thompson for a civil penalty not to exceed $3,000 for each offense and violation thereafter. Each week's continuation of a condition violating this chapter shall be deemed a separate violation.
C. 
In addition to the above civil and criminal penalties, the Town Board or the Code Enforcement, with the advice and consent of the Town Attorney, shall have the right to seek equitable relief to restrain and/or remedy any violation of any provisions of this chapter.
A. 
License required. No person shall engage in the business of collecting garbage, refuse or rubbish within the Town either for himself or herself or for and on behalf of any other person directly or indirectly as agent, employee or otherwise without first obtaining a license therefor and paying the fees as hereinafter provided.
B. 
Application. In addition to any other information which may be required by this article and any other local law of the Town, each applicant shall furnish under oath the following information to the Town Clerk, who shall issue said license upon satisfaction that the applicant has complied with all applicable regulations concerning the same:
(1) 
The applicant is over 18 years of age.
(2) 
A description of the vehicles the applicant intends to use for the purpose of conducting the applicant's garbage disposal business.
(3) 
The place where the applicant intends to store or garage such vehicle.
(4) 
The number of employees the applicant intends to engage.
C. 
Types of vehicles; inspection thereof. All vehicles used for garbage, refuse and rubbish disposal by persons applying for a license hereunder shall contain all-metal, completely enclosed bodies which are leakproof, preferably of the "packer" type. No application shall be considered complete unless said application contains a statement from the Town Health Officer or Sanitary Aide Inspector that the vehicle or vehicles to be used for garbage, refuse and rubbish disposal have been inspected by the Town Health Officer or Sanitary Aide Inspector and are found to be in compliance with this article.
[Amended 10-21-2003 by L.L. No. 7-2003]
D. 
License fees.
[Amended 10-21-2003 by L.L. No. 7-2003]
(1) 
The license fee and any renewal thereof shall be as set by resolution of the Town Board. Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of business or business address.
(2) 
In addition to the license fee required in Subsection D(1) herein, each licensee shall also obtain a separate license for each vehicle used for removal of garbage and rubbish, which license shall be kept at all times in the vehicle for which it has been issued and displayed in a conspicuous place. The license fee for each vehicle shall be as set by resolution of the Town Board.
E. 
Assignment of licenses. Any license issued pursuant to this article shall not be assigned or otherwise disposed of without the consent and approval of the Town Board.
F. 
Conditions for licensing. Every license issued by the Town Clerk pursuant to this article shall be subject to the following conditions:
(1) 
Vehicles used by licensed refuse collectors in the collection and transportation of refuse in the Town of Thompson shall have a fully enclosed carrier body to prevent the escape of noxious odors or contents as provided in Subsection C of this section.
(2) 
Licensees shall be allowed for dry refuse collection open-body-type transportation, which shall be equipped with eye hooks, cleats or other type hold-fast facilities fixed to the sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of haul.
(3) 
The vehicles used by licensees shall be subject to inspection by the Town Health Officer or Sanitary Aide Inspector to ensure that there is compliance with this article as to the type of vehicle and the existence of a license on the vehicle.
[Amended 10-21-2003 by L.L. No. 7-2003]
(4) 
All trucks must have minimum liability insurance coverage as required by the State of New York for motor vehicle registration.
(5) 
Licensees shall collect garbage, refuse and rubbish and shrubs when tied in bundles or placed in containers, also dirt and sod in reasonable amounts from normal yard cleanup and clippings when in containers, plus household wares, large appliances and furniture.
(6) 
No applicant shall be eligible for a license if any person in interest, whether as an individual, owner, officer or director of a corporation or partner, shall have been convicted of a felony.
(7) 
Any changes in ownership, in an individual officer, stockholders or directors of a corporation, where the license is not affected, must be reported to the Town Clerk within five days.
(8) 
Each licensee shall conform to all rules and regulations of the operator of any landfill site.
(9) 
Licensees shall not mix any dangerous, harmful or deleterious substances with ordinary ashes, garbage, rubbish, refuse or trash and shall be responsible for separating any such substances from their loads prior to trucking such material outside the Town limits.
(10) 
Licensees shall arrange their loads to the fullest extent possible so that such loads are acceptable for disposal in the designated landfill site.
G. 
Revocation of license. Violation of any of the foregoing regulations or any other provision of this article shall be cause for revocation of the license of any collector holding a license hereunder. The Town Board shall have power to revoke any such license for cause shown after a hearing thereon, at which the licensee shall have an opportunity to be heard, on 10 days' written notice to the licensee, specifying the nature of the violation, the complaint of said violation being in writing and signed by the complainant. A revoked license shall be forthwith surrendered to the Town Clerk.
[Amended 10-21-2003 by L.L. No. 7-2003]
H. 
Personal responsibility of licensee.
(1) 
Each licensee shall be responsible for the management and control of the licensee's activities, regardless of whether such activities are carried on directly by the licensee or by the licensee's servants, agents or employees.
(2) 
The licensee must maintain a sufficient number of employees to carry on properly the activity for which this license is issued.
I. 
Collection fees. The maximum fees for collection of garbage, refuse and rubbish which may be charged by any licensed refuse collector shall be subject to approval by the Town Board, which approval shall be in the form of a resolution duly adopted by said Town Board. All licensed refuse collectors shall submit a list of their proposed fees specifying charges for residential purposes, industrial purposes, commercial and resort purposes. There shall be no increase in fees charged or any additional charges made without further approval by the Town Board.[1]
[1]
Editor's Note: Original § 56-9J, Revocation of license, and § 56-10, Penalties for offenses, of the 1981 Code, which immediately and respectively followed this subsection, were repealed 10-21-2003 by L.L. No. 7-2003. For penalty provisions, see now Ch. 1, Art. II, General Penalty.