Village of Phoenix, NY Chapter 91 Dumpsters

[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 5-17-2005 by L.L. No. 1-2005.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Outdoor burning — See Ch. 82.

Solid waste — See Ch. 161.

[1] Editor's Note: This local law was originally adopted as Ch. 162, but was renumbered as Ch. 91 to maintain the alphabetical sequence of the Code.

§ 91-1 Screening standards.

A. Trash, garbage and recycling dumpsters and similar large receptacles ("dumpsters") shall be shielded from the public view by means of appropriate screening as hereafter described.

B. Open and closed top dumpsters shall be enclosed with screening consisting of wood, or of finished plastic, metal or similar materials which appear as woodlike in nature, and constructed as one-sided and with one (outside) finished side fencing, lattice, or fine mesh having minimal transparency and having a minimum height of two feet above the top of the dumpster. Alternatively, same may be enclosed by a dense screening hedge, tree or bush row having minimal transparency and having a minimum height of two feet above the top of the dumpster. Combinations of the foregoing landscape and fence-type screening shall be likewise permitted.

C. All such screening not consisting of landscaping shall be colored with earthtone or other neutral colors that are harmonious with and that blend in with the natural features, buildings and structures surrounding the dumpster. No signage, writing or other figures or drawings shall appear thereon except for ownership or tenant identification, or "no parking" signage of not more than 300 square inches in total area, including all space between letters and figures.

D. All dumpsters presently existing in service and not conforming to the provisions of this chapter shall become conforming not later than June 1, 2006.

§ 91-2 Applicability.

A. This section shall apply to all dumpsters servicing any habitable dwelling, commercial and/or industrial building.

B. This section shall not apply to receptacles for clothing and the like donated to charity and for dumpsters located in the Village of Phoenix for construction purposes for a period not to exceed six months.

§ 91-3 Penalties for offenses.

A. Any person, firm or corporation violating any of the provisions of this chapter shall be liable to a fine of not more than $250 or imprisonment for up to 15 days, or both such fine and imprisonment.

B. In the case of continuing violations of this Chapter 91, each day that such violation shall occur shall constitute a separate and distinct violation.