[Adopted 6-5-1978 by L.L. No. 1-1978]
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.
A.
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.
B.
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.
C.
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.
A.
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]
B.
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, 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.
