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Village of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
Code
New Laws (18) Index
[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 141.
Property maintenance — See Ch. 169.
Junk vehicles — See Ch. 204.
[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. 
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. 
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. 
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.
D. 
Compliance. Rubbish will not be collected by the Village or its designated representative unless the owner or occupant complies with this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
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]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
Any person who shall violate any provision of this article shall be punished as provided in Chapter 1, Article III, of this Code.
[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:
MUNICIPAL SOLID WASTE
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.
PERSON
Any individual, firm, partnership, association, corporation, institution or other entity that occupies any part of a waste generating unit.
RECYCLABLE MATERIALS
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]
WASTE GENERATING UNIT
Any single-family or residential dwelling, including apartments and duplexes, and any municipal, commercial, or institutional establishment which generates municipal solid waste.
A. 
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) 
Separate recyclable materials from municipal solid waste;
(2) 
Place recyclable materials in bins separate and apart from containers used for municipal solid waste;
(3) 
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) 
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
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. 
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.
C. 
It shall be unlawful to haul or manage recyclable materials except by authorized collectors who are properly licensed pursuant to the terms of this article; that is, self-hauling and self-management of recyclable materials is hereby declared illegal.
[Added 6-23-2003 by L.L. No. 5-2003[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
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. 
Each day upon which violation occurs shall constitute a separate offense.
C. 
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.