Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[Adopted 6-5-1978 by L.L. No. 1-1978]
Editor’s Note: The former title of Article I, Disposal, was changed to Refuse 7-28-2014 by L.L. No. 3-2014.
This article shall be known as the "Refuse Disposal Law of the Town of Wheatfield."
The purpose of this article shall be to protect and promote the health, safety and welfare of the people of the Town of Wheatfield and their property value by controlling the dumping, storing, collection and disposal of refuse within the Town of Wheatfield.
[Amended 7-28-2014 by L.L. No. 3-2014]
As used in this Article I, the following terms shall have the meaning indicated herein. None of the terms defined below in this Article I shall be deemed to include, or apply to, any material or activity prohibited or regulated under Article III of this chapter.
All putrescible (or decayable) waste, except sewage and body waste, including vegetable, animal offal and carcasses of dead animals, waste, food, discarded lumber or vegetable of any kind or any other matter which shall be flammable or capable of fermentation or decay.
Any individual, firm, partnership, company, corporation, association, society or group.
Includes garbage, rubbish and trash.
General dry material produced routinely by household, commercial or industrial establishments such as papers, waste metal cans, ashes, cinders, glass, pottery, bottles and all discarded substances of a solid and noncombustible nature.
Includes bushes, branches, Christmas trees, lawn rakings and similar waste materials; bulky objects, such as discarded household appliances, equipment or furniture, buildings, demolition and construction waste, tires, soil, earth or inoperable and/or unregistered motor vehicles.
Every owner, lessee or occupant of any building, premises or place of business within the Town of Wheatfield shall provide or cause to be provided at all times suitable and sufficient receptacles for receiving and containing garbage or rubbish that may be accumulated or be used upon said premises. No receptacle shall exceed 30 gallons in capacity or 60 pounds in weight when filled. All receptacles containing garbage shall be watertight with proper tank covers and handles. Receptacles shall at all times be securely closed. Every such person shall be responsible for the removal and storage of refuse containers or receptacles and it shall be unlawful for any person to allow containers or receptacles to remain at the roadside more than 12 hours after collection. No such person shall permit any refuse to be stored or accumulated at any premises within the Town of Wheatfield which would cause any unsanitary or unsightly condition in or about any premises owned, used or occupied by said person.
Any waste materials other than garbage which cannot be readily deposited or stored in any receptacle may be compactly and securely tied, bundled or otherwise secured, but shall weigh no more than 50 pounds and shall be so contained as to make it unlikely that such waste material will be scattered. When waste material is so contained, it shall be piled alongside the covered containers used to store other garbage or waste materials.
The foregoing provisions of this section are not intended to curb any person from accumulating any grass cuttings, leaves and any other inexpensive materials in heaps or piles contained within barriers constructed of boards, slots or wires for reduction to compost for use on the premises, provided that no garbage is deposited in such piles, that no offensive odors be permitted to emanate therefrom, such storage is not unsanitary or unsightly or such storage does not attract rodents or otherwise create a health hazard.
No person shall accumulate or permit the accumulation of refuse on any premises owned or occupied by him or her within the Town of Wheatfield except for the purpose of collection which shall normally occur at intervals not less frequent than every seven days.[1]
Editor's Note: Former Section 5B, dealing with burning or burying of waste with permit, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Town Board and/or the Building Inspector may prohibit any or all open fires, outdoor rubbish fire and burning of standing vegetation where atmospheric conditions or local circumstances make such fires a hazard and/or a nuisance.
No person shall throw, dump, deposit or place or cause to be thrown, deposited or placed upon any highway, road, street or within the limits of the right-of-way of any such highway, street or road of the Town any refuse as defined herein.[2]
Editor's Note: Former Section 5E, dealing with abandoned vehicles, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person, owner or occupant of real property shall allow any accumulation of refuse contrary to any provision of this article or any of the rules or regulations prescribed herein. All such refuse shall be removed by such person at his or her own expense. In the event that any person shall allow to accumulate garbage, trash or refuse which is not collected as provided herein, the Town Board of the Town of Wheatfield may, after notice to such person, order the removal of said garbage, trash or refuse and may charge the cost thereof to such person.
The Town of Wheatfield shall provide for regular collections of garbage, trash and refuse. Such collection shall be made during specified hours on specified days and shall be made from receptacles as hereinbefore described. Such receptacles shall be in an accessible location as may be designated by the Building Inspector or the Town Board of the Town of Wheatfield. The garbage collector shall have the right to omit collections from any premises where the rules and regulations of the Town Board of the Town of Wheatfield are not complied with or where employees of the collector are subject to unnecessary danger or health hazard.
A violation of this article or any section thereof or any part of any section thereof shall be, for the purpose of jurisdiction, a misdemeanor and shall be punishable by a fine of not less than $200 nor more than $1,000 or imprisonment not to exceed one year, or both such fine and imprisonment.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).