[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.]
GENERAL REFERENCES
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.
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.
Grass, leaves and waste plant and dirt materials from vegetable
and flower gardens, lawns and yards and brush.
Cardboard shipping containers.
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.
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.
Waste generated by any industrial process or operation.
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.
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.
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.
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.
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.
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.
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.
Metal (other than pure aluminum, copper, stainless
steel or brass).
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.
A.
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.
B.
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.
C.
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.
A.
No person shall place any waste materials at or near
any curb, sidewalk, alley or street for purposes of collection other
than the following:
B.
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.
(1)
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.
(2)
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.
(3)
Each bag of rubbish placed for collection shall be
free of recyclable materials and other materials not covered under
the definition "rubbish."
C.
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:
(1)
Recyclable materials shall be placed separately from
other refuse placed for collection.
(2)
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.
(3)
Glass, cans and containers.
(a)
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.
(b)
Tin cans and high-density polyethylene (HDPE)
containers shall be rinsed of original contents and flattened. Paper
labels must be removed from such containers.
(c)
Recyclable glass, tin cans and HDPE containers
shall be separated and placed in one or more recyclable containers.
(4)
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.
(6)
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.
(7)
Glass, tin cans, HDPE containers, aluminum and other
recyclable metals may be placed in one or more recyclable containers
for collection.
(8)
No materials, other than recyclable materials prepared
in accordance with this chapter, shall be placed in a recyclable container
for collection.
D.
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:
E.
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.
F.
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.
G.
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:
A.
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
B.
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.
(1)
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.
(2)
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:
A.
For a first conviction: by a fine of not more than
$25.
B.
For a second conviction within one year; by a fine
not more than $50.
C.
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.
D.
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.
