[HISTORY: Adopted by the Board of Trustees
of the Village of Orchard Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-3-1979 by L.L. No. 19-1979 (Ch. 65, Art. III, of the 1979 Code)]
All garbage shall be placed and stored on private
property in metal or other rigid and leakproof containers with a handle
and shall be kept tightly covered at all times. Each container shall
be of such size that when filled it can be readily handled by one
person.
A.Â
Generally. All rubbish shall be deposited and stored
in galvanized iron receptacles or of other rigid material with two
handles which with contents can be readily handled by one person.
Each container shall have its own lid and shall be securely fastened
at all times.
B.Â
Exceptions. Boxes containing rubbish which are securely
covered and tied and which can be readily handled by one person may
be used. Plastic bags may be used for lightweight material, such as
leaves, if securely fastened. Newspapers, magazines, branches and
similar material may be bundled and securely tied if arranged so that
they can be handled readily by one person.
C.Â
General cleanup. No other type of container or method
shall be permitted except when authorized by the Director of Public
Works during an authorized general cleanup collection.
E.Â
All garbage
and rubbish containers shall be placed prior to collection at the
roadside or other designated area where they shall be readily accessible
to the collector. They shall be placed at the roadside after 3:00
p.m. on the day immediately preceding the day of collection. After
collection, containers shall be removed from the roadside on the same
day as collection.[2]
It shall be unlawful to haul or manage waste except by authorized collectors who are properly licensed pursuant to the terms of Article II of this chapter; that is, self-hauling and self-management of waste is hereby declared illegal.
No person shall throw or deposit, in any pond,
brook, or natural waterway within the limits of the Village, any dead
animal, dead fish or fish waste, rubbish, filth, foul or offensive
substance, or any refuse matter whatsoever, fuel, lubricating oil,
fish oil or other greasy substance so that the same shall create a
danger to the public health, safety, and welfare.
[Adopted 7-13-1992 by L.L. No. 7-1992 (Ch.
66 of the 1979 Code)]
It is the purpose of the Board of Trustees of
the Village of Orchard Park to maximize resource recovery from solid
waste on a cost-effective basis through the collection of recyclable
materials within the Village to reduce the volume of municipal solid
waste and protect the environment. Therefore, the Village of Orchard
Park hereby establishes its policy to require the separation and collection
of recyclable materials within its boundaries. This article is to
comply with the mandate of the State of New York for recycling as
set forth in General Municipal Law § 120-aa.
The following words and phrases used throughout
this article shall have the following meanings:
All putrescible and nonputrescible materials that have been
discarded or rejected, including but not limited to garbage, refuse
and rubbish. Not included are hazardous wastes as defined by New York
State Department of Environmental Conservation.
Any individual, firm, partnership, association, corporation,
institution or other entity that occupies any part of a waste generating
unit.
Those clean, noncontaminated material designated from time
to time by the Village Board as requiring source separation and segregation.
Such material shall include newspapers, corrugated cardboard, clear
glass bottles and jars, metal food and beverage cans, and plastic
containers designated Nos. 1,2 and 3. Mixed or other papers are hereby
determined to be recyclable materials.
[Amended 6-23-2003 by L.L. No. 5-2003]
Any single-family or residential dwelling, including apartments
and duplexes, and any municipal, commercial, or institutional establishment
which generates municipal solid waste.
A.Â
Any person within the Village who shall place for
collection by the Village, its designated collector, or other collector
any recyclable materials shall do so in the following manner:
(1)Â
Separate recyclable materials from municipal solid
waste;
(2)Â
Place recyclable materials in bins separate and apart
from containers used for municipal solid waste;
(3)Â
Use for the collection of recyclable materials at
least one but not more than three plastic recycling bins, blue in
color and approximately 19 inches long, 14 inches high and 13 inches
deep, and such bins shall be kept clean and in a condition for safe
handling;
(4)Â
Place the bins containing any recyclable materials
at the roadside for collection on the day(s) designated by the Village
Board for the collection of municipal solid waste and recyclable materials.
B.Â
Bins containing recyclable materials shall be placed
prior to collection at the roadside or other designated area where
they shall be readily accessible to the collector. Bins containing
recyclable materials shall be placed at the roadside after 3:00 p.m.
on the day immediately preceding the day of collection. After collection,
bins shall be removed from the roadside on the same day as collection.[1]
A.Â
All persons collecting municipal solid waste and/or
recyclable materials within the Village of Orchard Park must ensure
that municipal solid waste and recyclable materials are separated
and placed for removal in accordance with this article.
B.Â
All persons collecting municipal solid waste and/or
recyclable materials within the Village of Orchard Park must first
obtain a collection permit from the Village Clerk-Treasurer. All such
permits shall be effective for a period of one year. The fee for such
a permit, if any, shall be established by the Village Board.
A.Â
Persons violating any provision of this article shall
be penalized as follows:
Violation
|
Penalty
| |
---|---|---|
First violation
|
Warning notification
| |
Second violation
|
$25 fine
| |
Third violation
|
$50 fine
| |
Fourth violation
|
$100 fine
| |
Fifth and subsequent violations
|
$250 fine
|
B.Â
Each day upon which violation occurs shall constitute
a separate offense.
C.Â
This section is not intended to limit the remedies
available to the Village of Orchard Park to enforce this article which
include the refusal by collectors of municipal solid waste within
the Village of Orchard Park to collect municipal solid waste and/or
recyclable materials which are not separated and/or prepared in accordance
with the requirements of this article.