[HISTORY: Adopted by the Board of Trustees of the Village of Westfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-16-1990 by L.L. No. 2-1990]
Whenever used in this article, or in the resolutions duly adopted under
the authority of this article by the Board of Trustees, unless otherwise expressly
stated or unless the context or subject matter requires a different meaning,
the following words shall have the respective meanings hereinafter set forth:
All substances or material which remain after combustion.
A plastic or other bag of such size and design as may be determined
by the Board of Trustees containing a distinctive imprint or label, to be
used for the collection and disposal of nonrecyclable garbage and trash in
the Village of Westfield.
All organic waste material, both animal and vegetable.
A waste or combination of wastes which, because of its quantity, concentration
or physical chemical or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality or an
increase in serious irreversible or incapacitating reversible illness; or
Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed of or otherwise
managed.
All those chemicals, waste, oils and/or those articles or materials
listed under § 27-0903 of the Environmental Conservation Law as
drawn up by the Commissioner.
A disposal facility or part of a facility where solid waste is placed
in or on land, and which is not a land treatment facility, a surface impoundment
or an injection well.
Wastepaper, cardboard, cardboard boxes and containers.
An individual, trust, firm, joint-stock company, corporation, partnership,
association or any interstate body.
A natural person, association, partnership, firm or corporation that
occupies, manages, uses or controls premises.
Those items or materials appearing on the official list of mandatory
recyclable materials as adopted by the Board of Trustees.
All other waste material not otherwise specifically defined.
The containment of waste, garbage or refuse for a period of over
60 days in such a manner as not to constitute disposal of such waste.
All discarded material not suitable for further use.
A motor vehicle designed or adapted for use in the removal of garbage
and trash.
Any garbage, refuse, trash, sludge and all other waste material not
otherwise specifically defined.
Washing machines, clothes dryers, refrigerators, freezers and all
other similar types of materials that are of recyclable value.
A.
Public property. No person shall place, throw or deposit
or cause to be placed, thrown or deposited any garbage, refuse, papers, trash,
hazardous waste and/or material or ashes upon any sidewalk, street, alley,
lane, gutter or any public ground in the Village or into any stream or upon
the banks of any stream running through or adjacent to said Village.
B.
Private property. No person shall place, throw or deposit
or cause to be placed, thrown or deposited any garbage, refuse, papers, trash,
hazardous waste and/or material or ashes upon the private property of another
person, except that ashes may be deposited thereon with the owner's permission
for the purpose of filling land so long as it is immediately covered with
a suitable material to prevent ashes from blowing into the air.
C.
Burning or burying. No person shall bury or openly or
cause to be buried or openly burned any garbage, refuse, papers, trash, hazardous
waste and/or materials within the Village limits.
D.
Disposal of all solid wastes in accordance with this
article. No person shall place, throw or deposit or cause to be placed, thrown
or deposited any garbage, refuse, papers, trash, ashes, white goods, hazardous
material or waste in the Village of Westfield except in conformance with this
article.
All persons residing within the corporate limits of the Village of Westfield
shall separate all nonrecyclable garbage and trash from recyclable trash.
The collection, removal and carrying of garbage, refuse, trash, paper,
hazardous waste and/or materials and ashes on any highway, street, alley or
lane of the Village must be done in covered, watertight vehicles which shall
be in accordance with the rules and regulations of the Board of Health. No
garbage, papers, trash, refuse, hazardous waste and/or materials or ashes
shall be spilled or scattered along the streets or public places, and the
vehicles used for the collection and transportation of such material shall
not be allowed to stand or tarry along the public streets for a longer time
than shall be reasonably necessary for the loading of the same.
It shall be a violation for nonresidents of the Village of Westfield
to transport or cause to be transported recyclable materials into the Village
for disposal through a Village-operated recycling program.
It shall be a violation for any resident of the Village, owner, lessee
or person in control of real property within the Village to permit any person
to bring in, place or deposit any refuse or recyclables originating from outside
the Village on any real property owned or leased by him or her or under his
or her control for the purpose of disposal under the Village-operated recycling
program.
It shall be a violation to place any materials into a trash receptacle
located on Village property unless such waste was generated at that location,
except that picnic wastes may be deposited in receptacles designated for that
purpose while lawfully picnicking at Ottaway Park or other authorized picnic
areas.
It shall be a violation to reuse, or permit to be reused, a distinctively
labeled bag that has previously been placed at the curb- or streetside for
collection.
B.
For the purpose of being able to react promptly to recycling
requirements of Chautauqua County and the State of New York, the Board of
Trustees is hereby empowered to attend the official list of recyclable material
by resolution following notice and publication. Failure to recycle materials
on this official list, except where otherwise excepted by this article or
resolution(s) adopted pursuant to this article, shall be a violation of this
article.
A.
All persons residing in the Village of Westfield shall
dispose of nonrecyclable materials as set out below:
(1)
All nonrecyclable garbage and trash shall be placed sealed
in a distinctively labeled bag sold for this purpose by the Village of Westfield.
(2)
Distinctively labeled bags may be placed into a steel
or plastic trash can to provide additional protection from animals and the
elements.
(3)
Each bag may not exceed a gross weight of more than 50
pounds.
(4)
Poisons, acids, caustics, explosives, ashes and all other
hazardous waste, including medical waste (such as syringes, body tissue, infectious
substances, blood, drugs, etc.), will not be accepted and cannot be disposed
of through the Village-operated solid waste management program.
(5)
Construction and demolition waste will not be accepted.
(6)
Storage of materials or trash, including empty trash
cans, is not permitted at the curb or right-of-way. Materials cannot be placed
at the street for collection any earlier than 6:00 p.m. the day prior to the
scheduled collection date nor can anything remain at the street any later
than 6:00 a.m. the day following the scheduled collection day.
(7)
The distinctively labeled bags, or trash cans containing
these bags, shall be placed at the curb or, where there is no curb, at the
side of the street for collection and disposal by collection personnel.
(8)
If collection cannot be made on a holiday that is observed
by the Chautauqua County landfill, the trash will be collected on the next
weekday. No collections will be made on Saturday or Sunday.
(9)
Collection days shall be every Monday.
(10)
Garbage and trash should be placed out for collection
no later than 5:00 a.m. on the scheduled collection day to ensure it being
picked up. The time when the truck arrives at your address can change due
to truck breakdowns, weather conditions, route changes and other factors.
Return trips will not be made.
(11)
Nonrecyclable waste that is acceptable for disposal in
the distinctively labeled bags includes: garbage, both animal and vegetable;
paper products like towels, letters, cereal boxes, wrapping paper, glossy
colored ads, paper plates, diapers, cardboard juice cans, ice cream cartons
and milk cartons; aerosol cans; toothpaste tubes, bottle tops and caps; hard
plastics like toys are made from; plastic bags; wrappers; styrofoam; clothing.
Basically anything that is not on the official recyclable list can be disposed
of in the distinctively labeled bag, except where otherwise noted.
B.
All persons residing in the Village of Westfield shall
dispose of recyclable materials as set out below:
(1)
Except as otherwise stated, the contracted waste hauler
shall pick up recyclable items placed at the curbside on the Monday of each
week of the month designated as a recycling pickup week. Each designated recycling
week shall be predetermined by the contracted waste hauler and communicated
to the residents and the Village of Westfield in advance of any given recycling
contract period.
[Amended 4-16-2001 by L.L. No. 2-2001]
(a)
The contracted waste hauler shall be solely responsible
for communicating to the public the type of recyclable item(s) (e.g., soft
plastics, papers and cardboard, glass, and tin/aluminum/other metals) that
must be placed out to the curbside for each designated recycling week.
(b)
The contracted waste hauler shall develop and mail to
all residents a color-coded chart that designates the specific recyclable
item that can be set out at the curbside on the Monday of each designated
recycling pickup week. Each kind of recycling item shall be assigned a color
and when that color is listed on the chart for a specific recyclable item,
only that item may be taken to the curbside for pickup. The color-coded chart
shall be sent to the Village Offices at 23 Elm Street, Westfield, N.Y. and
to all residents at least 14 days prior to the beginning of the recycling
contract period.
(2)
Recyclable materials cannot be placed in the distinctively
labeled bags for disposal.
(3)
Materials picked up at curbside for recycling can be
placed in suitable boxes, bags or other receptacles which must be retained
by the individual for reuse or must be properly disposed of. All recyclable
materials shall be kept dry.
(4)
Newsprint shall be bundled and tied with twine only not
weighing more than 35 pounds per bundle. Material must be dry.
(5)
Glass jars and containers shall have lids removed (lids
are not recyclable), shall be washed clean and shall be separated by color.
No plate glass or mirror glass or light bulbs shall be accepted. Material
must be dry.
(6)
Tin, aluminum and other metal cans should be washed clean
and have labels removed. The ends of the can may be cut out to facilitate
flattening. The ends can be included with the can. Cans may be mixed.
(7)
Soft plastic, such as milk jugs, shampoo bottles, ketchup
bottles, detergent bottles, etc., should be washed clean and have caps removed
(caps are not recyclable).
C.
All persons residing in the Village of Westfield shall
dispose of other waste materials as set out below:
(1)
Grass, garden waste, weeds and leaves can be composted
by the individual if desired. Otherwise, leaves can be raked to the street
daily during normal fall leaf collection.
(2)
Storm damaged limbs and branches shall be no longer than
10 feet in length and shall be placed so that the butt-ends face toward the
street. Pickup will be made after windstorms or rainstorms and at designated
spring cleanup dates. Materials shall not be placed out any other time.
(3)
Tires must be disposed of through a private firm and
will not be accepted by the Village.
(4)
For large quantities of trash and construction/demolition
waste, please contact a private waste disposal service or call the Village
Street Department at 326-3477 for assistance.
(5)
Household furnishings such as carpet, furniture, bedding,
televisions, etc., must be disposed of through a private disposal firm.
The Board of Trustees is hereby empowered to establish by resolution,
upon notice and publication, the materials and preparation requirements as
may be necessary to effectively and efficiently carry out the solid waste
management goals of this article. The provisions of this article shall incorporate
by reference any such resolution, and compliance with the provisions of this
article shall also require compliance with such resolutions as may be passed
upon hereunder.
Nothing in this article shall be deemed to prohibit any person from
contracting with a private hauler for removal of waste and recyclables. Nothing
in this article shall be deemed to prohibit any person from disposing or causing
to be disposed of waste and recyclables at a landfill or transfer station
operated by the County of Chautauqua or its duly designated representative
or with a private firm properly, lawfully authorized to dispose of these materials.
[Amended 9-25-2000 by L.L. No. 2-2000]
All provisions for recycling waste as indicated herein shall be complied
with without exception. All persons, institutions, commercial entities and
other organizations that produce recycling waste must comply with the provisions
of this article, including self-sorting/separation of recyclable material.
In the event that a person or entity becomes incapacitated due to physical
disability, illness or any other legitimate reason, the Village of Westfield
will work with said person or entity to ensure that the provisions of this
article are complied with to the extent practicable.
It shall be the responsibility of all persons residing within the Village
to separate all nonrecyclable garbage and trash from recyclables and to place
and seal nonrecyclables in a distinctively labeled bag sold by the Village
of Westfield or its authorized agent. No person shall use any bag other than
the bags issued by the Village for disposal under the Village-operated solid
waste program. No person shall duplicate or imitate any distinctively labeled
bag issued by the Village of Westfield. No person shall give, sell or issue
in any manner a duplicated or imitated distinctively labeled bag. Any prohibited
action of this section shall constitute a violation of this article.
In the case where waste is deposited in bags or containers that are
not the distinctively labeled bags, it shall be presumed that such waste is
the responsibility of the person, or persons, that may be identifiable by
inspection of the contents of the container or bag. In the event that identification
cannot be determined by said inspection, it will be presumed that the waste
is the responsibility of the occupant of single-family dwellings or the owner
of all other buildings or real property where such placement has been made.
The Board of Trustees shall establish by resolution the user collection
fee which shall be applicable to all users of the Village-operated solid waste
management program. Fees may be imposed for both recyclable as well as nonrecyclable
materials but shall not be in excess of what is needed to operate the waste
management program. Said fees may be changed from time to time by resolution
of the Board of Trustees upon notice and publication.
[1]
Editor's Note: The Fee Schedule is on file in the office of the
Village Clerk and can be examined there during regular office hours.
A.
The provisions of this article or the resolutions duly
adopted under the authority of this article shall be enforceable by the Mayor,
any member of the Board of Trustees, any peace officer, any police officer,
any code enforcement officer or any agent duly authorized by resolution of
the Board of Trustees.
B.
Any person, firm or corporation who or which shall violate
any of the provisions of this article shall be guilty of an offense and shall
be subject to a fine not exceeding $250 or a term of imprisonment not exceeding
15 days, or both. Each day's continued violation shall constitute a separate
offense.
[Amended 10-30-1995 by L.L. No. 5-1995][1]
[1]
Editor's Note: Original Section 19, which immediately followed
this section and which made provisions for initial compliance, was deleted
10-30-1995 by L.L. No. 5-1995.
