[HISTORY: Adopted by the Village Board of
the Village of Yorkville 12-6-1994 by L.L. No. 3-1994.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 75, Garbage, Rubbish and Refuse, adopted 8-1-1944; amended in
its entirety 3-2-1993 by L.L. No. 1-1993.
The Village Board of Trustees shall designate
an authorized agent to pick up and collect garbage, trash and recyclables.
Such agent shall be responsible for the distribution of garbage bags
on behalf of the Village. The cost of the bag to the consumer shall
be negotiated by and agreed upon by the agent and the Village Board.
A.
Garbage may be placed for collection only in authorized
garbage bags. Garbage may not be placed at the roadside for collection
except in authorized garbage bags, and garbage may not be collected
at the roadside except by the Village-authorized agent. Garbage and
recyclables must be placed at the curb not sooner than 6:00 p.m. of
the evening prior to scheduled collection.
[Amended 11-7-2018 by L.L. No. 5-2018]
B.
Recyclable material will be collected in such manner
as is agreed upon by the authorized agent and the Village Board.
C.
Items too large for the authorized garbage bags may
be disposed of by requesting a pickup by the authorized agent and
by paying the fee as stipulated in the fee schedule of the garbage
collection contract.
D.
The use of large-volume containers, sometimes referred
to as "dumpsters," is permitted. However, the provider of service
is responsible for the removal of all garbage, trash and recyclables
from the premises. The occupants of the property may not place items
at the roadside for collection by the Village-authorized agent.
E.
No person shall dispose of garbage originating within
the Village except on the property or in front of the property where
that person resides and shall not dispose of any garbage, trash, refuse,
recyclables, etc., on neighbors' property, Village property or in
any public receptacle.
F.
No private collections shall commence prior to 6:00
a.m., including dumpsters, nor later than 8:00 p.m. All private haulers
must obtain a permit from the Village Clerk to be registered as a
waste hauler in the Village.
[Added 5-1-2001 by L.L. No. 1-2001]
G.
Village-wide trash collections occur periodically throughout the
year as outlined in the Village newsletter. Trash must be in no more
than four thirty-gallon containers and must be placed at the curb
not sooner than 6:00 p.m. the evening prior to scheduled collection.
[Added 11-7-2018 by L.L.
No. 5-2018]
H.
Trash containers
for collection by Village pickup or private haulers must be removed
from the curb by 8:00 p.m. on the evening of pickup.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
I.
All trash
and recycling containers must be placed at the curb with a secure
lid.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
Use prohibited. No person shall, except as herein
provided:
A.
No person shall bring into, place or deposit or cause
to be brought into, placed or deposited in the Village any garbage,
refuse, trash, recyclables, paper, hazardous waste and/or material
or ashes originating outside the Village for the purpose of disposing
of the same in the Village or for the purpose of having the same collected
by the Village-authorized agent.
B.
No person who is a resident of the Village or the
owner, lessee or person in control of real property within the Village
shall permit any person to bring into, place or deposit garbage, refuse,
trash, recyclables, paper, hazardous waste and/or material or ashes
originating outside of the Village on any real property owned or leased
by him or her or under his or her control.
Hazardous waste and/or materials shall be disposed
of in accordance with the dictates of the Oneida-Herkimer Solid Waste
Management Authority and the Village-authorized agent.
[Added 5-3-2016 by L.L.
No. 1-2016]
The Board of Trustees or its designated representative is hereby
authorized and empowered to notify the owner of any occupied, open,
or vacant private property or commercial place within the Village,
or the agent of such owner, to properly dispose of garbage located
on such owner's property which is a nuisance or dangerous to public
health, safety, or welfare. Such notice shall be by certified mail,
return receipt requested, and by posting the same on the lot, tract,
or parcel of land. Such notice shall direct that such hazard or nuisance
be remedied within 10 days of the mailing/posting of such notice.
[Added 5-3-2016 by L.L.
No. 2-2016]
If within said 10 days the owner should fail, refuse, or neglect
to abate the hazard or nuisance, the Village of Yorkville may undertake
to abate the same through the use of Village personnel or equipment,
or the Village of Yorkville may contract with an independent contractor
or contractors to do the work and cause the hazard or nuisance to
be abated. In either event, the costs incurred by the Village of Yorkville
to accomplish the abatement of the hazard or nuisance shall be assessed
against and be a lien upon the lot, tract, or parcel of land where
the hazard or nuisance existed.
A.
Presumptions. It shall be presumed that the occupant,
the person in control of the property or the owner, in that specific
order, is responsible for the proper disposal of garbage, trash, refuse
and recyclables. The owner shall ultimately be responsible for the
proper disposal.
B.
Any person committing an offense against any provision
of this chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
to exceed $250 or imprisonment not to exceed 15 days, or by both such
fine and imprisonment.
