[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 6-12-1990 as L.L. No. 2-1990. Amendments noted where applicable.]
Littering — See Ch. 76.
This chapter shall be known as "Local Law No. 2 of the Year 1990 of the Village of Hammondsport," and such legislation is a mandatory recycling law affecting the entire Village of Hammondsport, New York.
It is the goal of the Village of Hammondsport to facilitate the disposal of solid waste generated within the village in the most economical and environmentally acceptable manner and to reduce the total amount of solid waste disposed of in the village. It is the purpose of this chapter to establish a source-separation and recyclables collection program within the village to reach the goal of the most feasible recycling of the village waste stream, considering costs, marketability of recyclables and public involvement. It is hereby found and determined that, in order to ensure the greatest public involvement, such a program must be made mandatory. This program is further designed to protect the health, safety and general welfare of the Village of Hammondsport, New York.
For the purposes of this chapter, the following terms shall have the meanings stated in this section:
- Pure aluminum in any form, including but not limited to cans, cooking utensils, aluminum foil and lawn furniture.
- The Board of Trustees of the Village of Hammondsport, New York.
- Tree branches not exceeding two inches in diameter, twigs and shrub and hedge clippings.
- BULK ITEMS
- Large items and materials, including furniture, other than aluminum yard furniture, house furnishings; large appliances; such as refrigerators, stoves, washing machines and clothes dryers; and automobile or other motor vehicle tires.
- COLLECTIBLE YARD WASTES
- Grass, leaves and waste plant and dirt materials from vegetable and flower gardens, lawns and yards and brush.
- CORRUGATED CARDBOARD
- Cardboard shipping containers.
- DISPOSAL FACILITY
- Any solid waste management plant or site owned and operated by the village or permitted to receive solid waste originating from within the Village of Hammondsport.
- The owner, agent, landlord, tenant or occupant of commercial, industrial and institutional facilities. Establishments which contract for the private collection of refuse are excluded from the program.
- HAZARDOUS SUBSTANCE
- Any hazardous or toxic substance material or waste which is or becomes regulated by any local or state governmental authority or the United States Government.
- INDUSTRIAL WASTE
- Waste generated by any industrial process or operation.
- MULTIPLE RESIDENCE
- A building or parcel of land having three or more dwelling units.
- Newsprint. It does not include glossy magazines or materials.
- One or more individuals; any partnership; corporation, firm, association, trust, estate or governmental entity; and any other entity whatsoever.
- PRIVATE CARTER
- A contractor providing collection of solid waste services in the village and subject to the rules and regulations and fee schedule of the Steuben County Landfill and any amendments thereto.
- RECYCLABLE COLLECTOR
- A contractor under contract with the Village of Hammondsport to provide collection of recyclables subject to the terms and conditions of said contract with the Village of Hammondsport, New York.
- RECYCLABLE MATERIALS
- Clear (flint), green and brown glass bottles; jugs and jars; aluminum, copper, stainless steel and brass; newspapers; corrugated cardboard; tin cans; and high-density polyethylene (HDPE) containers, such as those used for milk, oil, detergents, apple cider, etc., "Recyclable materials" does not include plate glass, broken glass, window glass or any other type of glass not specified in this definition nor recyclable materials unsuitable for recycling because of secondary household use.
- RECYCLING CONTAINER
- Refers to that container available from and/or provided for by the Village of Hammondsport as well as any other container that is made of metal or plastic, having handles on the side and shaped so that all materials flow freely when dumped and weighing not more than 30 pounds.
- The rubbish and recyclable materials resulting from the normal day-to-day operation of a household or business. "Refuse" may be generated by a household, a business establishment or a public or quasi-public facility. "Refuse" does not include rubble, bulk items, industrial waste, collectible yard waste or any other material not covered under this definition.
- A building or parcel of land having no more than two dwelling units.
- A person residing in a residence.
- A. Food wastes, including but not limited to table cleanings; fruit, vegetable and animal parings and scraps; decaying or spoiled vegetable, animal and fruit matter; and fallen fruit.
- B. Any paper, plastic, cardboard or other material used to wrap, cover or contain food, other than certain HDPE or glass containers defined in this section as recyclable materials and any other household waste resulting from the use, consumption and preparation of food.
- C. Metal (other than pure aluminum, copper, stainless steel or brass).
- D. Miscellaneous waste material, including rags, drugs, health aids and materials, sweeping, excelsior, rubber, leather, cloth, clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles, jugs and jars defined in this section as recyclable wastes), brick and other similar waste material. "Rubbish" does not include recyclable materials, bulk items, rubble or any other material not covered under this definition.
- Waste material typically resulting from construction, demolition and major renovation activities, including but not limited to waste cement, concrete, masonry, bricks, tiles, Sheetrock, plaster, shingles, lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window frames and any similar material.
The Board shall be responsible for collecting or causing the collection of, on a regular basis, only those waste materials which constitute refuse generated by a residence or establishment within the Village of Hammondsport.
The Board shall also be responsible for collecting or causing the collection of any additional waste materials generated by residences which the village may announce will be collected on particular days or during particular time periods. These additional waste materials may include, for example, bulk items, trees, tree stumps and large branches. The Board shall be responsible for collecting or causing the collection of any such additional waste materials only on the days or during the time periods announced by the Board.
The Board shall not be responsible for collecting any waste materials which have been placed or prepared in ways that do not comply with all the provisions of this chapter. In particular, the Board shall not be responsible for collecting waste materials consisting of recyclable and nonrecyclable materials mixed together or recyclable materials which have not been placed or prepared in accordance with this chapter, nor shall the Board be responsible for the collection of waste materials generated other than from a residence or establishment within the Village of Hammondsport.
No person shall place any waste materials at or near any curb, sidewalk, alley or street for purposes of collection other than the following:
No person shall place any rubbish at or near any curb, sidewalk or street for purposes of collection unless that person complies with the following requirements.
Each person shall provide and utilize disposable plastic bags for disposal of rubbish. Any such bag shall be at least 1.5 mills thick and sufficiently strong to contain the materials enclosed. When filled, each such bag shall be securely tied and weigh no more than 30 pounds.
Each person shall utilize separate containers for disposal of bagged rubbish. Any such container shall be made of metal, plastic or other suitable material, shall have tight-fitting covers, shall have handles on the top and sides and shall be shaped so that all materials flow freely when the container is dumped. No such container shall exceed 32 gallons in capacity, and, when filled, no such container shall weigh more than 30 pounds.
Each bag of rubbish placed for collection shall be free of recyclable materials and other materials not covered under the definition "rubbish."
No person shall place any recyclable materials at or near any curb, sidewalk or street for the purposes of collection unless that person satisfies the following requirements:
Recyclable materials shall be placed separately from other refuse placed for collection.
Newspapers. Newspapers shall be piled and securely tied with string/twine in bundles measuring approximately 36 inches in length, 12 inches in height or shall be placed in paper bags strong enough to contain them. Newspapers shall not contain magazines, glossy advertising material frequently inserted in newspapers or any other waste-type of paper. Newspapers shall be kept dry by appropriate means until they are collected.
Glass, cans and containers.
Glass bottles, jugs and jars shall be rinsed of original contents and shall have all neck rings, foil or other metal removed. Paper labels may be left on bottles, containers.
Tin cans and high-density polyethylene (HDPE) containers shall be rinsed of original contents and flattened. Paper labels must be removed from such containers.
Recyclable glass, tin cans and HDPE containers shall be separated and placed in one or more recyclable containers.
All metals such as aluminum, copper, stainless steel and brass, as well as items consisting of mixed or composite metals, shall be the responsibility of the person or establishment as herein defined.
Newspaper and corrugated cardboard shall not be mixed together and shall be placed adjacent to, on or on top of the recyclable container for collection.
Glass, tin cans, HDPE containers, aluminum and other recyclable metals may be placed in one or more recyclable containers for collection.
No materials, other than recyclable materials prepared in accordance with this chapter, shall be placed in a recyclable container for collection.
When the Board has announced that waste materials other than refuse will be collected on particular days or during particular periods, any person placing such waste materials at or near any curb, sidewalk or street for purposes of collection shall comply with the following:
Refuse, as well as any other waste material which the Board announces will be collected, shall be placed for collection, at or near a curb, sidewalk, alley or street after 5:00 p.m. on the day before that designated for collection. There will be no call-backs to collect refuse or any other wastes which are placed for collection after 6:00 a.m. on the designated collection day.
No person shall place any waste material at or near any curb, sidewalk, alley or street other than the curb, sidewalk, alley or street immediately in front or to the rear of the property from which such waste material was generated.
The placement of any waste material at or near a curb, sidewalk, alley or street other than in compliance with the provisions of this chapter shall constitute a violation of this chapter.
All empty refuse containers and any other empty waste containers shall be removed from the curb, sidewalk, alley or street where they have been placed as soon as possible after collection and, in any event, no later than 9:00 p.m. on the same day as collection. Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street after 9:00 p.m. on the day after the day of collection may be picked up and impounded by the Village of Hammondsport.
When certain refuse and/or waste materials have not been collected because those materials were not placed or prepared in accordance with the provisions of this chapter, the person who placed such materials for collection and the owner of the real property adjoining the curb, sidewalk, street or alley where such waste materials were placed shall remove those wastes from that location as soon as possible after collection has been refused and, in any event, by 9:00 p.m. of the designated collection day. The failure to remove any uncollected waste material by 9:00 p.m. on the designated collection day shall constitute a violation of this chapter.
Whenever a person places refuse or other waste material at or near a curb, sidewalk, alley or street for collection without complying with all the provisions of this chapter or fails to comply with § 94-5, Placement of collectible materials, the Board may do either of the following:
The Board may choose not to collect the refuse or other waste material. In such case, the Board shall affix a notice to the waste material which states the reason why that material was not collected. The Board may also notify the property owner of the property from which such uncollected waste material was generated why such material was not collected. Such notice shall be either verbal or written, as the Board determines is appropriate, and shall be provided within a reasonable time period after collection of the material has been rejected; or
The Board may cause collection of the refuse or waste material to be made, notwithstanding the fact that it does not comply with the provisions of this chapter.
In such cases, effective July 1, 1990, the Board shall assess a special service charge against the owner of the property from which such waste material was generated. Such special service charge shall be in the amount of $35, plus $5 for each bag of waste material removed as aforesaid.
Special service charges shall be accumulated and shall be billed by the Village of Hammondsport. Any person subject to such charges may make a written request for a hearing within 15 days after the date of the bill for such charges. All hearings shall be on a date and at a time and place determined by the Board. The hearing shall be informal and shall be held before the Board or its designee. The decision of the Board shall be final. Any service charges not paid within 30 days after the Board's decision shall become a lien upon the real property, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village of Hammondsport.
From the time any person places any properly prepared recyclable materials at or near any curb, sidewalk, alley or street for purposes of collection, those recyclable materials shall become and be the property of the Village of Hammondsport or its authorized agent (i.e., its recycling collector). No person who is not acting under authority of the village or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed for collection. Each such unauthorized collection, pick up or removal shall constitute a separate violation of this chapter. An exception herein is recognized for the person, resident or establishment who or which elects to remove any such item from his/its property.
In order to effect an orderly implementation of this chapter, taking into account the present and future market conditions, availability of containers and other equipment and other factors which may bear upon the effectiveness of this chapter, the Village Board is hereby empowered to phase in the application of this chapter to recyclable materials produced by residences, commercial premises and/or multiple residences by public notice published in a newspaper of general circulation within the village not less than 30 days prior to the date of application of this section to permit or exclude materials hereinabove defined in § 94-2, Definitions, or to add any other recyclable material.
Nothing in this chapter shall be deemed to prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and other waste materials generated by that person or at property owned by that person.
The Board is authorized to establish an appropriate procedure for selling or facilitating the sale or distribution of recyclable containers.
The Board shall have authority to adopt whatever regulations are consistent with this chapter and to continue to enforce any existing regulations which are consistent therewith.
The Board, by resolution, may impose fees for the collection of any refuse (other than recyclable materials), rubble, bulk items or industrial waste. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Board, not inconsistent with the terms of the resolution imposing such fees.
Any person who commits a violation of this chapter shall be punished as follows:
For a first conviction: by a fine of not more than $25.
For a second conviction within one year; by a fine not more than $50.
For a third conviction within one year: by a fine of not more than $100 and/or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
For a fourth and each subsequent conviction within one year: by a fine of not more than $250 and/or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
It shall be the duty of the Hammondsport Police Department and/or any other duly authorized official to administer and enforce the provisions of this chapter.