[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:
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.
Wastes that are offensive to smell or capable of causing
contamination or are otherwise obnoxious and offensive.
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]
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.
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followed this subsection, was repealed 10-21-2003 by L.L. No. 7-2003.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]
