[Adopted 8-3-1992 by L.L. No. 10-1992]
The Town Board of the Town of Amherst finds that:
A.
Methods of waste management emphasizing source reduction, recovery,
conversion and recycling of wastes are essential to the long-range
preservation of the health, safety and welfare of the public, to the
economic productivity and environmental quality of the Town of Amherst
and to the conservation of resources.
B.
The New York State Solid Waste Management Act of 1988 requires that
municipalities adopt a local law or ordinance by September 1, 1992,
for the separation of waste into recyclable, reusable or other components
for which economic markets for alternate uses exist.
This article is enacted for the following purposes:
A.
To preserve the long-range health, safety and welfare of the public
and the economic productivity and environmental quality of the Town
of Amherst by conserving resources and reducing potential pollution
of the environment.
B.
To establish methods of collection, reduction and separation to encourage
efficient utilization of the waste disposal facilities and effective
reuse of wastes.
As used in this article, the following words, terms or phrases
shall have the meanings indicated:
The development and cultivation of the soil for planting
of trees, fruits, vegetable or flowers.
Written notice issued and subscribed to by a duly authorized
person directing a designated person to appear in a designated local
criminal court at a designated future time in connection with an alleged
commission of a designated offense. A notice conforming to such definition
constitutes an appearance ticket regardless of whether it is referred
to in some other provision of law or by any other title.
The noncombustible constituents of waste remaining after
combustion or incineration. (e.g., residue from a fireplace, solid-fuel
stove or incinerator).
Empty containers composed of aluminum, tin, steel or any
metal alloy which formerly contained only nonaerosol edible substances,
or such empty metal containers as have been approved by recycling
regulations.
Heavy paper items normally used for packaging, mailing, shipping
or containing goods, merchandise or other material but excluding plastic,
foam or wax-coated or soiled contaminated heavy paper items.
The act of picking up waste material from the public right-of-way
abutting homes, businesses or industrial sites.
Organic material which may be reduced to humus through organic
activity.
A process through which organic materials such as grass and
leaves are reduced to humus through organic activity.
Waste material from building, remodeling, repair and/or removal
of homes, office buildings, industrial plants or schools, including
but not limited to wood scraps, metal, concrete, brick, block, wires
and industrial packaging material.
A permanent container made of metal or vinyl which is airtight
and watertight and provided with a tight-fitting cover, or disposable
plastic or heavy paper bag which, when closed by lacing, is airtight
and watertight and of sufficient strength to prevent breakage and
leakage.
A series of laboratory tests designed to determine the level
of toxicity in solid waste or landfill material.
All table refuse, animal and vegetable matter, offal from
meat, fish and foul, vegetables and fruits and parts thereof (and
materials ordinarily used for food which have become unfit for such
use or which for any reason have been discarded), including market
refuse and waste from handling, storage or sale of produce.
The development and cultivation of herbs, fruit, vegetables
and flowers.
All clear (flint), green and brown (amber) colored glass
containers, excluding crystal, ceramic, light bulbs, plate, window,
laminated, wired or mirrored glass and glass cookware.
Large and/or bulky articles actually used in the home which
equip it for living, including but not limited to chairs, sofas, tables,
beds and carpets.
A type of electrical storage battery commonly used in automobiles
and trucks.
Any type of magazine which would be normally delivered through
the mail or purchased at a newsstand. Excluded are large glue-bound
catalogs, telephone books, periodicals or hardbound printed material.
Large and/or bulky mechanisms ordinarily operated by gas
or electric current, including but not limited to refrigerators, freezers,
washers, dryers and stoves.
Paper of the type commonly referred to and known as "newsprint"
and delivered at stated intervals, usually daily or weekly, having
printed thereon news and opinions, containing advertisements and other
information or communication, periodicals and paper that have a shiny
or wax-coated surface.
All waste material discarded as useless or worthless trash,
including but not limited to rags, sweepings, rubber, leather, crockery,
shells, clothing, straw, dirt and ashes.
A substance composed of solid coloring matter suspended in
a liquid medium and applied as a protective or decorative coating
to various surfaces or to canvas or other material.
Any corporation, firm, partnership, association, organization
or other entity, as well as an individual.
Empty plastic food and beverage containers, as defined by
the recycling regulations, including but not limited to containers
used for milk, detergent, apple cider, water, soft drinks and vegetable
oil.
The land abutting a given premises between the sidewalk and
curb, or the land beyond the pavement or stone of the road, street,
ally or highway as surveyed or laid out in the records of the Superintendent
of Highways.
All material specified by the Town of Amherst for collection
pursuant to this article and/or the recycling regulations promulgated
hereunder, including but not limited to cans, glass containers, newspaper,
plastic and corrugated cardboard.
A rectangular container to store and carry recyclable material
into the public right-of-way for collection.
Rules pursuant to this article set forth by the Office of
Refuse Control to implement the program established and known, pursuant
to this article, as the "Town of Amherst Waste Management Code."
An individual appointed by the Town Board of the Town of
Amherst to enforce the local law known as the "Town of Amherst Waste
Management Code."
The development, cultivation and reproduction of trees.
Waste material prepared for collection at the premises of
generation.
Rings or bands of rubber, either solid or hollow and inflated,
placed over the rims of wheels to provide traction, resistance to
wear or other properties, including the following:
Town-authorized containers of a capacity of 95 gallons or
65 gallons for the storage and collection of household garbage.
[Added 4-16-2007 by L.L. No. 5-2007]
Any motor oil previously used in machinery but not including
other petroleum fluids.
Products and materials to be discarded after use from any
premises within the Town of Amherst.
Grass, leaves, brush, plants, weeds or dirt materials from
vegetable and flower gardens, lawns and yards or ash from fireplaces
or wood stoves.
There is hereby established a program for separation and preparation
for the collection of waste material. The program shall be under the
supervision of the Town of Amherst Office of Refuse Control, who shall
make rules and regulations for its implementation subject to the approval
of the Town Board. Such rules and regulations shall be known as the
"Town of Amherst Waste Management Law."
All waste material placed in accordance with this article for
collection in a public right-of-way shall be prepared as follows:
A.
Garbage and household solid waste shall be placed in tote units with
lids completely closed.
[Amended 4-16-2007 by L.L. No. 5-2007]
B.
Recyclable material.
(1)
Recyclable material shall be placed in recycling containers as follows:
(a)
Newspapers shall be placed in a recycling container or placed
in paper bags.
(b)
Corrugated cardboard, including boxes, shall be disassembled,
flattened, bundled and tied.
(c)
Cans, glass containers and plastic containers shall be rinsed
of original contents. Caps and rings shall be removed from glass containers.
(2)
No materials other than recyclable material prepared in accordance
with this article shall be placed in a recycling container.
C.
Yard waste, brush and tree parts.
(1)
Yard waste shall be placed out for collection on the same day as
normal garbage in the following manner: All yard waste will be placed
in solid-bottom containers or in paper yard waste bags. No yard waste
will be placed in any plastic bag for pickup.
(2)
Brush and tree parts which result from work performed by the owner
or occupant of the residence may be placed for collection with the
yard waste, if it is tied in bundles that are no longer than four
feet in length, 24 inches in diameter and weigh no more than 60 pounds.
Small amounts of brush may be placed in solid-bottom containers.
(3)
Nothing herein shall prevent any person from utilizing yard waste
for compost, mulch or other agricultural, silvicultural, gardening
or landscape uses.
D.
Reasonable amounts of construction and demolition debris which result
from work performed by the owner or occupant of a residence may be
placed for collection in containers or tied in bundles not exceeding
60 pounds in weight.
E.
Major appliances; large household furnishings.
(1)
Major appliances or large household furnishings may be placed for
collection on the scheduled collection day.
(2)
It shall be unlawful for any person to discard or place any refrigerator
or freezer in a public right-of-way for collection unless the latching
or locking mechanism on the door or doors of the same have been removed
or dismantled.
F.
All used oil and paint shall be disposed of properly. There will
no discharge of any oil or paint into any waterway or drainage system.
G.
Lead-acid batteries shall not be placed in any waste container.
H.
To reduce the risk of bodily harm, protruding nails, glass and/or
other sharp objects shall be rendered harmless prior to being deposited
in containers or bundled for collection.
I.
All ash residue must be cool, dampened and contained so as to reduce
the risk of fire and personal injury.
J.
No bundle or filled container prepared for collection shall exceed
48 inches in length, 40 gallons in volume or 60 pounds in weight.
[Amended 4-24-2006 by L.L. No. 4-2006; 4-16-2007 by L.L. No.
5-2007; 2-27-2012 by L.L. No. 2-2012; 4-3-2017 by L.L. No. 12-2017; 6-19-2017 by L.L. No. 16-2017]
The Town of Amherst Refuse Control Office shall designate the
days and times for the removal of all waste from the public roads,
streets, highways and alleys in the Town of Amherst, outside the corporate
limits of the Village of Williamsville. On designated days, it shall
be lawful for any person to place within the public right-of-way abutting
his or her premises waste prepared in accordance with this article,
provided that his or her premises are subject to a garbage district
fee.
A.
All waste to be collected by the Town of Amherst or its designated
agent shall be placed for collection by 7:00 a.m. on the designated
collection day. The Town of Amherst hereby assumes no responsibility
to collect waste that is placed for collection after 7:00 a.m. on
the designated collection day.
B.
No solid waste shall be placed within the public right-of-way earlier
than 12:00 noon of the day prior to the designated collection day.
C.
All containers shall be removed from the public right-of-way or other
place of collection by the occupants of the premises where collected
no later than 7:00 p.m. of the designated collection day.
D.
Move Out, Clean Up and Bulk Garbage Disposal: Residents and property
owners are only allowed to place eight (8) items in addition to their
garbage totes at the curb for pick up. If there are more than eight
(8) items, and/or such items are placed at the curb prior to 12:00
noon on the day before the scheduled collection, property owners will
be assessed a move out fee of Two Hundred and Fifty Dollars ($250.00)
by way of official citation payable to the Town of Amherst.
E.
All residents shall source-separate and prepare recyclables pursuant
to the provisions of this article and the recycling regulations of
the Office of Refuse Control.
F.
Prohibited waste.
(1)
The Town of Amherst hereby assumes no responsibility to collect,
and no person shall place in a public right-of-way, the following
waste material:
(2)
The fact that waste material is in a public right-of-way shall be
rebuttal prima facie evidence that such material was placed there
by the owner of the property abutting that public right-of-way.
A.
Private collection programs for multiresidential complexes.
(1)
The owner, manager or superintendent of every multiresidential complex
shall provide and maintain, in a neat and sanitary condition, recycling
collection areas to receive newspapers and other designated recyclables
included in the curbside collection programs which are generated by
residents of the complex. In cases where a condominium, cooperative,
homeowners' or similar association exists, the association shall
be responsible for provision and maintenance of the recycling collection
areas. Said recycling collection areas shall be established by January
1, 1993, to include all items presently collected in the residential
portion of the garbage and refuse district of the Town of Amherst.
(2)
The owner, manager or superintendent of each multiresidential complex
above shall arrange for the collection of recyclables from the recycling
collection areas.
(3)
The number and design of the collection areas required by this section
for each complex shall be consistent with guidelines provided by the
Office of Refuse Control.
B.
Commercial, industrial and institutional source-separation programs.
(1)
All commercial, industrial and institutional establishments within
the Town of Amherst shall source-separate and arrange for the collection
of recyclable material where known markets or secondary uses are available.
(2)
The arrangement for collection of designated recyclables for disposition
hereunder shall be the responsibility of the person who owns, manages
or operates the commercial, industrial or institutional establishment
at which the recyclables are generated ("generator") or the person
contractually obligated to the generator to arrange for collection
and disposal of its solid waste. Said arrangements may include, without
limitations, direct marketing of recyclables, contracts with permitted
solid waste collectors/haulers for separate collection of any or all
designated recyclables, contracts with other persons for separate
collection of any or all designated recyclables or direct delivery
to a designated processing facility.
A.
All brush and tree parts removed by commercial contractors must be
removed from premises by the contractor. Such brush and tree parts
may not be placed within a public right-of-way, except temporarily
if necessary in the course of the work which produced the brush and
tree parts.
B.
All construction and demolition debris produced by a commercial contractor
must be removed from the premises by the contractor. Said debris may
not be placed within a public right-of-way, except temporarily if
necessary in the course of the work which produced said debris.
Any time a resident places any material within a public right-of-way
for collection by the Town of Amherst, that recyclable material shall
become the property of the Town of Amherst. No person, unless acting
under authority of the Town of Amherst or its authorized agent, shall
collect, pick up or remove or cause to be collected, picked up or
removed any recyclable material so placed for collection; each such
unauthorized collection, pickup or removal shall constitute a separate
violation of this article; provided, however, that where the Town
of Amherst has refused to collect recyclable material because it has
not been placed or prepared according to the provisions of this article,
the person responsible for initially placing that material shall remove
it from the public right-of-way.
A.
The Town of Amherst shall not collect or allow to be collected dangerous,
hazardous or chemically toxic wastes, including but not limited to
the following:
(1)
Dangerous wastes. Wastes that represent an immediate threat to the
safety of employees of the Town of Amherst and/or the general public,
including but not limited to waste with jagged or protruding objects,
broken glass or nails.
(2)
Hazardous wastes, as defined in the New York State Environmental
Conservation Law and regulations thereto, including but not limited
to:
(a)
Ignitable wastes, such as paint thinners, solvent-based cleaners,
degreasers (e.g., acetone, xylene) and gasoline.
(b)
Corrosive wastes, such as containers of battery acid or metal-cleaning
bath sludges (e.g., sodium hydroxide or sulfuric or hydrochloric acid).
(c)
Reactive wastes, such as cyanide metal-plating sludges or any
waste that will react violently with water or which generates toxic
gases, vapors or fumes (e.g., sodium metal).
(d)
EP toxicity test wastes which produce an extract containing
contaminants such as arsenic, lead, chromium, silver or herbicides;
or industrial process wastes, contaminated soil from a spill or other
solids containing any of the metals or organic materials in excess
of the concentrations listed in state law and regulations.
(e)
Toxic wastes, such as sludges from solvent recovery, solvents
and the industry-specific wastes listed in the regulations of the
Commissioner of the New York State Department of Environmental Conservation.
(f)
Medical waste: any infectious medical waste, subject to the
provisions of the New York State Health Law as classified as infectious
waste.
B.
Dangerous, hazardous or chemically toxic wastes should be disposed
by the owner or producer in a manner acceptable under all state and
federal laws and regulations.
[Amended 4-16-2007 by L.L. No. 5-2007]
[Amended 7-15-1996 by L.L. No. 5-1996]
A.
No person shall dump, drop, deposit, abandon or otherwise dispose
of any garbage, refuse, rubbish, debris, recyclable material or other
waste in or on any public right-of-way, road, street, highway or alley
in the Town of Amherst, outside the Village of Williamsville, unless
contained and prepared as specified in this chapter.
B.
No person shall dump, drop, deposit, abandon or otherwise dispose
of any garbage, refuse, rubbish, debris, recyclable material or other
waste in or upon any privately owned land in the Town of Amherst,
outside of the Village of Williamsville.
C.
Dumping, dropping or depositing of clean fill consisting only of
rock, concrete, soil, stone or clay is permitted on privately owned
land by the owner or other person, having the written consent of the
owner, for grading purposes only. This requirement for written consent
shall not be applicable for filling operations being conducted in
conjunction with a valid site plan, building permit or plumbing permit.
No fill shall be deposited or graded into wetland or wetland buffer
areas in violation of state or federal law or regulation or any Town
ordinance, law or regulation. Dumping of fill material except as specifically
permitted in this subsection is a violation of this chapter.
D.
No person shall dump, drop, deposit or otherwise dispose of any garbage,
rubbish, debris, yard waste, fill material or any other waste in any
waterway, Town drainage system, receiver catch basin or manhole in
the Town of Amherst, outside the Village of Williamsville.
No person shall allow, permit or cause to exist any unsanitary
or filthy condition in, on or about any premises owned, used or occupied
by said person. The owner, lessee, tenant or other person having management
or control of or occupying any lot, premises, dwelling or other building
in the Town shall keep the same at all times free and clean of any
accumulation of garbage, refuse, yard waste or discarded matter of
any type, except as provided for in this article.
Where the Town of Amherst has not collected waste material because
it was not placed or prepared in accordance with the provisions of
this article, the person who placed it for collection and the owner
of the real property whereon the waste material was generated shall
remove such material as soon as possible after the Town or designated
contractor has refused collection and, in any event, by 7:00 p.m.
of the designated collection day. The failure to remove any such material
by 7:00 p.m. of the designated collection day shall constitute a violation
of this article.
No person shall ignite or burn or cause to be ignited or burned
any garbage within the Town of Amherst, unless such is placed in an
incinerator constructed for such purpose and properly installed and
equipped in conformity with all laws, rules and regulations pertaining
thereto.
It shall be the duty of the owner, lessee or occupant of every
residence, store dwelling or other building within the Town of Amherst,
outside the corporate limits of the Village of Williamsville, to keep
such residence, store, dwelling or other building with all its appurtenances
or parts thereof occupied by such occupant clean and free from all
kinds of flammable waste or waste that is easily ignited and to keep
sidewalks and all yard areas on the occupied premises free, clear
and clean of all waste of any kind or description.
A.
Containers and storage.
(1)
All containers or receptacles used for storing garbage or refuse
shall be of such material and so constructed as to withstand the use
for which they are intended without breaking or collapsing.
(2)
Garbage shall be stored in covered rodent-proof tote units or other
watertight, metal or plastic containers that are rodent-proof and
designed for the purpose of storing all household garbage. Other than
the tote units issued by the Town, containers shall not exceed a forty-gallon
capacity nor weigh more than 60 pounds when filled.
[Amended 4-16-2007 by L.L. No. 5-2007]
(3)
Plastic bags containing garbage or household solid waste may not
be placed in the right-of-way for collection unless contained in an
approved, Town-provided tote or other metal or plastic rodent-proof
container designed for the purpose of storing household-generated
garbage.
[Added 4-16-2007 by L.L. No. 5-2007]
(4)
Except as permitted hereinafter, refuse shall be stored in metal,
plastic or vinyl containers designed for that purpose or bushel baskets
with handles or in containers or bags specifically designed for certain
classifications of debris or yard waste. All tree trimmings, logs,
branches and trunks shall be cut a length not exceeding four feet
and securely tied in bundles not more than two feet thick. In no event
shall any container, bag or bundle exceed 60 pounds in weight.
(5)
During the months of October and November when the volume of leaves
makes it impractical to place them in containers, leaves may be placed
in piles not exceeding six feet in diameter at the curbline but shall
not be placed on the paved portion of the highway.
B.
Permitted Placement. Except as hereinafter permitted, it shall be
the duty of the owner, lessee, tenant, occupant or other person having
control or management of any dwelling or other building in the Town
to keep all garbage and refuse containers or receptacles inside the
dwelling or other building, garage or other enclosed structure constructed
according to the Building Code for that purpose or, if stored outside,
behind the front elevation of the primary building on the property
provided that the totes are at least partially obstructed from view
from the street such as along the side of the house.
[Amended 2-8-2016 by L.L.
No. 3-2016]
C.
Special provisions.
(1)
Holiday trees may be placed at the curbline or pavement line for
collection during December and the first 15 days of January without
being cut and bundled as otherwise herein required.
(2)
Portable transfer containers designed to be transported by motor
vehicle, exceeding the capacity and weight authorized by this section,
may be used for the outdoor storage of garbage and refuse on premises
occupied for commercial, industrial, institutional and apartment uses.
Such containers shall be emptied or replaced whenever full and, in
any event, at least once a week.
Every person who shall engage in the business of collecting
garbage and rubbish within the Town of Amherst shall use for that
purpose a box or vessel so constructed as to prevent the escape of
any such garbage or rubbish therefrom. Such a box or vessel shall
at all times, when not necessarily opened for the purpose of depositing
the material collected therein, be kept securely covered.
For the preservation of the health, peace and good order of
the community, no person shall collect any garbage or rubbish within
the Town of Amherst without first procuring from the Town of Amherst,
with the approval of the Town Board of said Town, a license therefor
under the following terms and conditions:
A.
Upon the issuance of a license under this article, the Town Clerk
shall collect the following fees for each truck owned or operated
by the applicants within the Town:
B.
No license shall be issued for any truck unless and until a schedule
of collecting stops or areas served for each day of the week by such
trucks or persons owning the same is filed with the Town Clerk.
C.
No license shall be issued for any truck collecting garbage within
the Town unless it is closed in a box- or vessel-type vehicle so constructed
as to prevent the escape of any such garbage or offensive odors therefrom.
(1)
Such trucks or vehicles shall be subject to inspection by a designated
employee of the Office of Refuse Control at such intervals as the
Senior Refuse Control Officer shall determine. Upon the certification
of the Office of Refuse Control that any such truck or vehicle does
not comply with this article, the Town Clerk shall immediately revoke
the license issued for such truck or vehicle.
(2)
A truck or vehicle on which a license has been revoked shall not
be relicensed until the Office of Refuse Control certifies that it
complies with this article and the owner pays the license fee prescribed
by this article, plus a reissue and inspection charge of $25.
(3)
The provisions of this subsection shall be in addition to all other
penalties or punishments as prescribed in this article.
D.
No license shall be issued for any such truck unless the applicant
complies with all other rules or regulations which may from time to
time be promulgated by the Town Board of the Town of Amherst.
E.
Upon the issuance of each license, the Town Clerk shall deliver to
the applicant two license plates. The plates shall be of such material,
form, design and dimensions and shall contain or set forth such distinguishing
number as the Town Clerk shall prescribe. No person shall operate
a truck or other motor vehicle for the purpose of collecting garbage
or refuse within the Town unless such plates are securely fastened
to each side of the truck or other vehicle not less than three feet
nor more than six feet from the ground. If a truck or other motor
vehicle is operated within the Town in violation of the foregoing
provisions, the Town Clerk shall revoke the license issued therefor.
The provisions of this subsection shall be in addition to all other
penalties or punishments as prescribed in this article.
All licenses issued under this article shall expire on the 31st
day of December following the date of issuance.
All employees or agents of the Town of Amherst, including those
under contract to collect the waste, are hereby authorized to report
each and every violation of this article to the Refuse Control Office.
A.
The Town of Amherst Refuse Control Office and such other person as
may be designated by resolution of the Town Board of the Town of Amherst
are hereby authorized and directed to enforce this article, to cause
collections to be made according to this article and to cause to be
printed and distributed proper notice to each premises within the
garbage and refuse district and to notify persons governed by this
article of the dates and times for waste collection and of any rules
and regulations promulgated pursuant to this article.
B.
The Refuse Control Officers are hereby authorized to issue and serve
appearance tickets and/or summonses with respect to violations of
this article.
[Amended 4-16-2007 by L.L. No. 5-2007]
A.
Any violation by a person, firm or corporation of any provision of
this article shall be deemed a violation and shall be subject to the
following penalties:
[Amended 4-16-2007 by L.L. No. 5-2007]
(1)
First offense: written warning.
(2)
Second offense within twelve-month period: a fine of $50 to $100.
(3)
Third offense within twelve-month period: a fine of $100 to $150.
(4)
Fourth offense within twelve-month period: a fine of $150 to $300.
(5)
Any additional offense within twelve-month period: a fine of $300
to $500.
B.
Any person who takes part in or assists in any violation of this
article shall also be subject to the penalties provided herein.
C.
Each day that a violation of this article is committed or permitted
to exist shall constitute a separate offense.
If any section, sentence or part of this article is adjudged
unconstitutional or invalid, such judgment shall not affect, impair
or invalidate the remainder of this article.
This article shall take effect September 1, 1992.
