[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-8-1991 by L.L. No. 3-1991]
The cost of garbage and solid waste collection
and disposal has substantially increased over recent years. The Village
of Hamilton Board of Trustees finds it to be in the public interest
to continue to provide this service and to create a Village-wide special
assessment for the purpose of imposing a user fee to defray the cost
of providing such service.
A.
All property owners shall hereafter be responsible
for the payment of a user fee for the collection of solid waste and
garbage from dumpsters within the Village of Hamilton. Such fees may
not exceed the reasonably estimated direct and indirect costs incurred
by the Village for providing such services.
B.
DUMPSTER
As used in this article, the following definitions
shall have the meanings indicated:
A metal container with a maximum capacity of six cubic yards
or more which is designed to be mechanically connected to the Village's
solid waste collection vehicles rear load for automatic transfer of
refuse to the vehicle.
[Amended 11-9-2004 by L.L. No. 6-2004]
[Amended 11-9-2004 by L.L. No. 6-2004]
A.
The user fee shall from time to time be fixed and/or
amended by resolution of the Village of Hamilton Board of Trustees.
Such fees shall be in amounts designed to recoup part or all of the
reasonably calculated costs incurred in providing such service. Such
fees shall be charged on a volume basis and shall be the responsibility
of the property owner to which the service is being provided. Until
such time as it may be changed by the Board of Trustees, the user
fee shall be $25 per dumpster, per pickup.
[Amended at time of adoption of Code Revisions (see Ch. 1,
General Provisions, Art. III)]
B.
The nature and structure of the foregoing fee schedule
and exemptions are subject to change by resolution of the Village
Board.
A.
The Village of Hamilton Board of Trustees shall conduct
a public hearing prior to changing any fees as set forth herein. Such
hearing shall be pursuant to notice published in an official newspaper
of the Village not less than 10 days before the hearing. The proposed
amendments to the user fee schedule shall be available for public
inspection at least 10 days prior to the public hearing, and notice
of the same shall be set forth in the aforesaid published notice of
hearing.
B.
Following the public hearing, the Village Board shall
be free to adopt such resolution. Upon adoption of such resolution,
notice of its adoption shall be published in an official newspaper
of the Village and a copy of the newly adopted rates shall be made
available for public inspection at the Village Clerk's office. Following
publication of the notice of adoption of any amendment of the user
fee schedule set forth herein, any person aggrieved thereby may, within
15 days after such publication, apply to a court of record for an
order of certiorari to review such assessment. The user fee schedule
shall be deemed final and conclusive unless such an application is
made within 15 days after publication.
C.
The procedures set forth in this article for amendment
of the user fee schedule are intended to supersede any conflicting
procedure set forth in the New York State Village Law, including,
but not limited to, those procedures set forth in New York State Village
Law § 22-2200.
D.
All user fees imposed pursuant to this article shall
be billed on a monthly basis by the Village to the property owner
or such other person designated by the property owner to receive bills.
All such fees shall be paid within 30 days after mailing of the invoice.
Amounts thereafter outstanding shall accrue penalties as provided
in New York State Village Law § 5-518, Subdivision
4, as may from time to time be amended. All outstanding delinquent
amounts may be assessed as a lien against the real property in accordance
with the provisions of New York State Village Law § 5-518,
as may from time to time be amended.
E.
Nothing in this article shall be construed as prohibiting
those subject to such user fees from contracting with entities other
than the Village of Hamilton for the removal of solid waste and recyclable
materials.
The Village of Hamilton Board of Trustees may,
by resolution, adopt regulations regarding the implementation and
administration of this article.
[Amended 1-14-1992 by L.L. No. 1-1992]
A.
Should any section, clause or provision of this article
be declared to be invalid by a court of competent jurisdiction, the
same shall not affect the validity of this article as a whole or parts
thereof, other than the part so declared to be invalid.
B.
This article shall take effect upon filing.
[Adopted 7-14-1992 by L.L. No. 5-1992]
The purpose of this article is to protect and
promote the health, safety and welfare of the people of the Village
of Hamilton and their property values by controlling the storage,
collection and disposal of refuse within the Village of Hamilton.
To achieve this purpose, the Village Trustees have established a solid
waste collection service for properties within the Village.
As used in this article, the following definitions
shall have the meanings indicated:
The final solid waste results of the burning of organic material.
A metal container with a capacity of two cubic yards or more
which is designed to be mechanically connected to the Village's solid
waste collection vehicles for automatic transfer of refuse to the
vehicle.
Animal, vegetable, fruit or similar organic wastes, excluding
human body waste, liable to become putrid; including similar wastes
resulting from the handling, preparation, cooking or storage of foods.
The clippings and old vegetable matter from flower and/or
vegetable gardens.
Consists of "garden waste" and "yard waste."
Materials, substances or other wastes which appear on the
list of hazardous wastes promulgated by the New York State Commissioner
of the Department of Environmental Conservation, and any other material,
determined now or in the future, to be hazardous by the Village, Madison
County, New York State, or federal law, rule or regulation.
Substances which are specified in 6 New York Code of Rules
and Regulations Part 360.2, as the same may from time to time be amended.
Garbage, rubbish or refuse which is deposited or placed in
any location other than a proper receptacle.
Any product printed on newsprint, including all newspapers,
newspaper advertisements, comic strips and other printed material
received with the newspaper. Not included in this definition are magazines,
telephone books, or other advertising material printed on glossy or
slick papers which are not enclosed with or distributed with "newspapers."
Any individual, institution, partnership, corporation, association,
society, group or other legal entity.
Land, buildings, or other structures, vehicles or parts thereof
upon which the garbage, rubbish or refuse is stored.
Materials which are not accepted for disposal by Madison
County as the county may, from time to time, determine. Also, such
additional materials as are so identified from time to time upon resolution
of the Village Board of Trustees. A list of such additional prohibited
materials shall be maintained at the Village Clerk's office and may
be listed in the Appendix to the Village Code.
[1]Any container which conforms to the requirements of § 92-11 below.
Those materials defined as such by the Madison County Board
of Supervisors, as may, from time to time, be amended. Also, those
materials defined as such upon resolution of the Village Board of
Trustees as may, from time to time, be amended.
All nonrecyclable solid wastes, including garbage, rubbish
and yard waste, but not including human body waste.
Any person or other legal entity engaged in the business
of receiving, collecting, transporting or disposing of garbage, rubbish
or refuse for hire and/or salvage within the Village.
All nonrecyclable solid wastes in a relatively dry state,
other than ashes, garbage and yard waste, and consisting of paper,
cardboard, wood, glass, metals, crockery, porcelain and similar materials.
Those materials specified in 6 New York Code of Rules and
Regulations Part 360.2, as the same may be amended, superseded or
replaced. In general, solid materials which have been discarded by
a user.
See "refuse."
The Village of Hamilton, New York.
The Code of the Village of Hamilton.
Branches, tree trimmings, hedge clippings, grass cuttings,
leaves, bushes, shrubs and other such natural materials.
[1]
Editor's Note: Said Appendix is included as an attachment to this chapter.
A.
General prohibition. Except as provided in this article,
no person shall place, discard, deposit or store, or cause to be placed,
discarded, deposited or stored, any solid waste or other waste materials
on or in any street, highway, avenue, sidewalk, walkway, park, drain,
ditch, watercourse, body of water, wetland or any municipal property
within the Village.
B.
Noncollectible refuse. Any person responsible for
refuse on premises not served by the Village or for refuse not acceptable
for collection by the Village shall make suitable arrangements for
the timely collection and disposal of such refuse.
C.
No burning. No solid waste shall be burned within the Village unless in accordance with the regulations of the New York State Department of Environmental Conservation and with the written permission of the Village Code Enforcement Officer in accordance with Chapter 79 of the Village Code. Burning of garbage or any other material which may create noxious fumes, smoke or odor or create a nuisance or hazard is prohibited.
[Amended at time of adoption of Code Revisions (see Ch. 1,
General Provisions, Art. III)]
D.
Accumulation prohibited.
(1)
No person shall suffer or permit garbage, refuse or
solid waste to collect or remain upon the premises owned or occupied
by that person so that the same shall, in the opinion of the Village
Public Health Officer, become offensive or dangerous to the public
health or to any person or property.
(2)
The owner, tenant, contractor or other person having
management or control of, or occupying any lot or plot of land in
the Village, excluding any location designated by the Village Board
of Trustees for such purposes, shall keep such land, at all times,
free and clear of any accumulation of garbage, refuse or solid waste
of any type, except such as may be reasonably accumulated for regular
collection and disposal purposes as provided for in this article.
Upon due notice, in writing by the Code Enforcement Officer or the
Police Department of the Village, given to such person to remove said
accumulation, and upon failure to comply within a period of five days
after service of said notice, such person shall be deemed to have
violated the provisions of this article. Notice shall be served by
regular mail, in person, or by leaving a copy thereof with a person
of suitable age and discretion at the offending premises.
E.
Importation prohibited. No nonresident of the Village
shall bring into or cause to bring into the Village any solid or other
wastes, garbage, rubbish, refuse or green wastes with the intention
of placing such wastes for collection and disposal by the Village.
No nonresident of the Village shall place or cause to be placed, for
collection and disposal by the Village, any solid or other wastes,
garbage, rubbish, refuse or green waste which has been generated outside
of the Village.
A.
Persons desiring to avail themselves of the municipal
garbage collection system shall place all refuse in dumpsters or in
durable, nonabsorbent, watertight, and easily washable containers
specifically manufactured for such purpose. Such containers shall
have the following additional characteristics:
B.
No wooden containers shall be used for refuse.
C.
Refuse stored in a container or dumpster shall not
extend above the top of that container or dumpster and shall be covered.
D.
Containers which meet all requirements of this section,
except that they are in excess of 32 gallons capacity or exceed 40
pounds when filled, may be used, provided that all materials placed
in them are contained in clear plastic bags of a capacity not to exceed
15 gallons. These bags shall be sealed or otherwise satisfactorily
closed.
E.
All containers shall be kept in a proper state of
repair and, when dangerous to handle, shall be replaced. The containers
shall be kept in sanitary condition and the contents kept in such
condition that they may be easily removed.
F.
Construction debris. Nonrecyclable construction and demolition debris shall be segregated from all other refuse and solid waste. No such material shall be scattered along the curbside or street line. Notwithstanding any other provision, it shall be separately placed into containers as described in Subsection A above, not exceeding 32 gallons or 40 pounds when filled. In the alternative, it may be bundled and firmly tied so as to be easily handled by two persons, not to exceed 75 pounds in weight or eight feet in length. All such debris, whether or not in containers, shall be placed at the curbside pursuant to the requirements of § 92-14 hereof. A dumpster may also be provided by the Village of Hamilton for any property owner anticipating large amounts of construction debris. Dumpsters are provided on a first-come-first-served basis. On an annual basis, the first two dumpsters provided by the Village, per year, per property, are free, and any subsequent dumpster thereafter will be charged $20 per dumpster. All charges shall be directly charged to the property owner. All construction and demolition debris dumpsters shall be picked up at the convenience of the Village of Hamilton Department of Public Works.
[Added 1-10-1995 by L.L. No. 1-1995; amended 11-9-2004 by L.L. No. 6-2004]
A.
Prohibited materials shall not be collected for disposal
by the Village of Hamilton. In addition, the following classes of
solid waste shall not be collected for disposal by the Village of
Hamilton:
B.
The Board of Trustees of the Village of Hamilton may
by resolution from time to time amend the list[1] of those materials which shall not be collected for disposal
by the Village.
[1]
Editor's Note: Said list (Appendix A) is included as an attachment to this chapter.
A.
Rubbish which is too large for inclusion in containers
specified in this article shall be piled, packed or otherwise bundled
together and firmly tied so as to be easily handled by two persons.
Cardboard boxes, wooden crates or collapsible material shall be knocked
down and securely tied in flat bundles, none to exceed a size which
may be conveniently carried by two persons. In no event shall the
material referred to in this subsection exceed 75 pounds in weight.
[Amended 1-10-1995 by L.L. No. 1-1995]
B.
Nonrecyclable plastic containers one-gallon capacity
or greater shall be crushed.
A.
All garbage, rubbish or refuse shall be placed at
or within three feet of the curb or public street line or at another
location approved by the Village Engineer for collection not later
than 7:00 a.m. on the day of collection and no earlier than the day
before collection.
B.
All containers shall be removed from the curb or street
and set in a place removed from the public view on the day of collection.
The Village Board of Trustees may by resolution,
from time to time, adopt, modify or repeal the schedules of collection
of refuse and recyclables for the various sections of the Village.
All accumulated refuse shall be ready for collection and in place
at the time fixed in such schedule.
Nothing in this article shall be construed to
prohibit the maintenance of compost or mulch piles, provided that
no garbage other than kitchen vegetable scraps and yard or garden
waste is deposited in such piles, and further provided that such compost
or mulch piles do not develop obnoxious odors, attract rodents or
obnoxious insects, or otherwise create a hazard to the health or enjoyment
of neighboring property owners.
A.
The recycling of all materials specified by the Madison
County Board of Supervisors and/or the Village Board of Trustees is
hereby required.
B.
All recyclables shall be properly separated and prepared
for collection in accordance with applicable Madison County law. The
Board of Trustees of the Village of Hamilton is hereby authorized
to adopt by resolution such regulations as are reasonably necessary
to facilitate collection of recyclables.
C.
The Village Board of Trustees is empowered to fix,
by resolution, the day(s) and times for the collection, removal and
disposal of recyclables.
D.
The placement and removal of recycling containers
for collection, removal and disposal shall be governed by the same
rules as those for refuse and their containers as specified in this
article, except that the primary recycling container shall conform
in style, dimension and material to that container distributed by
the Madison County recycling program.
E.
In the event that a person shall fail to separate
and prepare recyclables for collection in accordance with the provisions
of this article, the Village reserves the right to suspend the collection
of such recyclables.
F.
All recyclable metal cans of a No. 10 size or greater
and all recyclable plastic containers one-gallon capacity and greater
shall be cleaned and crushed.
G.
The Village shall collect recyclables only from those
addresses where it is collecting refuse.
A.
From time to time, the Village may collect green waste
and leaves.
B.
No green waste, grass clippings, brush, tree stumps,
or other yard waste shall be commingled with any garbage, rubbish,
refuse or recyclables placed at the curb or street side for disposal
by the Village.
C.
The Village Board of Trustees may designate periods
for the collection, removal and disposal of leaves. Leaves shall be
raked into piles and placed at the curb or street side, but not into
the street. Alternatively, leaves may be placed into clear plastic
bags which contain no other materials and placed at the curb or street
side.
D.
All brush shall be no longer than eight feet in length
and piled neatly between the curb and the sidewalk.
[Added 11-9-2004 by L.L. No. 6-2004]
The provisions of this article shall be administered
by the head of the Department of Public Works and enforced by the
Codes Enforcement Officer and the Village Police Department.
A.
In the event that a person shall fail to conform to
the provisions of this article, the Village of Hamilton may suspend
all collection of recyclables, garbage, refuse, rubbish or solid waste
to such premises owned, occupied or controlled by such person.
Should there be any conflict between this article
and applicable laws or regulations of Madison County, the provisions
of Madison County shall prevail.
