This chapter shall be known as the "Village
of Carthage Maintenance Code."
All residential and business premises located
within the Village of Carthage, whether improved or vacant, shall
be maintained in conformity with the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLIANCES
Includes any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment that is abandoned, junked,
discarded, wholly or partially dismantled or no longer intended or
in condition for ordinary use for the purpose for which it was designed
originally.
AUTHORIZED (PRIVATE) RECEPTACLE
All receptacles used for garbage storage shall be of a suitable
rigid material, such as metal or hard plastic, with a lid designed
for enclosing such receptacles, securely attached in such a way as
to inhibit domestic or wild animals from accessing the garbage stored
therein.
BUSINESS UNIT
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes,
including, but not limited to, offices, places of public assembly,
shopping centers, restaurants, supermarkets, retail stores, warehouses,
manufacturing or fabrication plants, gasoline stations and other business
uses.
COMMERCIAL HAULER
Any person, firm, corporation, partnership or other association
engaged in the business of collecting, disposing of or transporting
garbage, refuse or waste material in any part of the Village of Carthage.
GARBAGE
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fat and all offal and organic waste substance or substances
capable of decay, but not including waste from slaughterhouses, rendering
plants or sanitary disposal systems.
INFESTATION
The presence of insects, rodents, vermin or other pests.
LITTER
Garbage, refuse and rubbish as herein defined and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
LOT
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon, as surveyed or apportioned
for sale or other purpose.
MOTORIZED EQUIPMENT
Includes, but is not limited to, power machines, lawn mower
motors, or parts that were once motorized equipment.
MOTOR VEHICLE
Includes any and all vehicles propelled or drawn by power
other than muscular power, intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repair; or any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle incapable of passing
a New York State inspection. This does not include inoperable farm
or construction vehicles, implements, equipment or machinery retained
for the purpose of salvaging usable parts in connection with the ongoing
operation of an on-site farm or construction business, provided that
such items are stored within a consolidated area out of public view.
OUTDOOR STORAGE
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris, as the
same are defined herein, in a place other than a structure with a
roof and fully enclosed on all sides.
OWNER
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
PERSON
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, unincorporated
associations, their agents or employees, society clubs and all other
entities of any kind capable of being sued.
PRIVATE PROPERTY or PRIVATE PREMISES
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Village, but not including land used for agricultural purposes.
PUBLIC NUISANCE AFFECTING HEALTH
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
REFUSE and RUBBISH
Plastics, combustible trash, including, but not limited to,
paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches,
yard trimmings, wood furniture and bedding. Also included is noncombustible
trash, including, but not limited to, tires, metals, cans, plastics,
metal furniture, small quantities of rock, brick and concrete, glass,
metal fixtures, bottles and street rubbish, street sweepings, dirt,
leaves, catch basin dirt and contents of litter receptacles, ashes,
dead animals, junked vehicles, solid market and industrial wastes,
cardboard, leaves, crockery and similar materials.
RESIDENT
Any person having a domicile within the general limits of
the Village, including landlords and tenants. The term shall also
include any person, firm, partnership, corporation or other association
operating an established business within the limits of the Village
of Carthage.
RESIDENTIAL PREMISES
A building or combination of buildings used solely for personal
living purposes of the occupants thereof, whether as owners or tenants
thereof, and not used for any business purposes.
WASTE MATERIALS
Includes, but is not limited to, waste produced by industrial
or manufacturing process, including food processing waste, boiling
house cinders, lumber scraps and shavings, slag, industrial sludge
or other chemical waste and by-products, tires and oils and large
amounts of wood, concrete rocks, brick, sand and other wastes from
building operations.
YARD
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement
all local laws, ordinances, codes or regulations existing in the Village
of Carthage and the other statutes and regulations of municipal authorities
having jurisdiction applicable thereto. Where a provision of this
chapter is found to be in conflict with any provision of any existing
local law, ordinance or regulation, the provision or requirement which
is more restrictive or which establishes the higher standard shall
prevail. Specifically, this law is intended to supplement the New
York State Property Maintenance Code, as the same may be amended from
time to time.
No outside storage or accumulation of garbage,
crates, rubbish, refuse or debris shall be permitted at any time,
and all such garbage, crates, rubbish, refuse or debris shall be kept
inside the building or buildings, on the premises or in an acceptable
enclosure, and shall be regularly collected (every seven days or less)
and removed from the premises.
No person shall use a dumpster or deposit any
trash, garbage, debris, junk or any substance of any kind in a dumpster
without permission of the owner or lessee of the dumpster.
It shall be unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee of any
such owner, lessee or occupant, having control of any occupied or
unoccupied yard, or any part thereof, in the Village of Carthage to
permit or maintain on any such street, road, highway or alley adjacent
to the same between the property line and the curb or middle of the
alley, or for 10 feet outside the property line if there is no curb,
any growth of weeds, grass or other rank vegetation to a greater height
than 12 inches on the average or any accumulations of dead weed, grass
or brush.
Every person convicted of violating this chapter
shall, upon conviction thereof, be punished by a fine of not more
than $250 or imprisonment not to exceed 15 days, or both.