Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 5-21-1991 by L.L. No. 2-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 72.
Property maintenance — See Ch. 90.
As used in this chapter, the following terms shall have the meanings indicated:
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds, including but not limited to sofas, stoves, refrigerators and other similar objects or materials.
GARBAGE
Any animal or vegetable matter capable of fermentation or decay.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which by itself or in concentration with other like or dissimilar material will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.
MULTIPLE RESIDENCE
A building or parcel of land having three or more dwelling units.
NEWSPAPERS
A product printed on newsprint, including all newspapers, newspaper advertisements and comics. 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."
PERSON
Any individual, partnership, association, firm, corporation or any and all combination of individuals acting in concert.
PREMISES
Land, building or other structures, vehicles or parts thereof upon or in which the refuse or garbage is stored.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, glass bottles and jars and metal food and beverage cans, plastics and such other materials as designated by resolution of the Village Board of Trustees.
RESIDENCE
A building or parcel of land having fewer than three dwelling units.
RUBBISH
Discarded material, including paper boxes, papers, rags, shoes, metal, rubber and wooden scrap and other material of the same general nature.
SOLID WASTE
Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted watercarried materials or substances and those in gaseous form. Such waste shall include but is not limited to garbage, sludge, rubbish, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
A. 
No person shall deposit any garbage, rubbish or other solid waste upon his own premises or upon the premises of any other person or in any street, road, alley or public place in the Village of Montgomery unless the same is placed there for the purpose of removal and disposal by the village garbage collection system.
B. 
Persons desiring to avail themselves of the municipal garbage collection system shall place garbage in durable, nonabsorbent, watertight and easily washable containers which shall have close-fitting covers and suitable handles which shall be of a maximum size of 20 gallons.
C. 
Containers shall not weigh more than 40 pounds when filled.
D. 
Rubbish shall be placed in suitable containers, other than cardboard containers, and rubbish which is too large for inclusion in containers shall be piled, packed or bundled together and firmly tied so as to be easily handled by one person.
E. 
All garbage and rubbish shall be placed at or within three feet of the curb or public street line for collection not later than 7:00 a.m. on the day of collection and no earlier than 9:00 p.m. on the day before collection.
F. 
All containers shall be removed from the curb or street and to a place invisible from the street by 9:00 p.m. on the day of collection.
G. 
All containers shall be kept in a proper state of repair and, when dangerous to handle, shall be replaced upon notification. The containers shall be kept in sanitary conditions and the contents kept in such condition that they may be readily removed,
H. 
The following items will not be collected;
(1) 
Dangerous materials or substances, such as poisons, acids, caustics, infected materials or explosives.
(2) 
Construction and demolition debris such as plaster, mortar and rusting materials.
(3) 
Motor oil, car batteries and tires.
(4) 
Solid waste from industrial processes.
(5) 
Leaves, yard clippings, tree and shrub trunks, limbs and branches.
A. 
Garbage, rubbish and bulk waste will be collected on the days and at the times established by the Board of Trustees.
B. 
Whenever the established day for collection falls on any federal, state or local holiday, collection shall be made on the following workday.
A. 
The recycling of certain materials, which materials shall be specified by resolution of the Board of Trustees, is hereby required.
B. 
All recyclables shall be properly separated and be placed in the recycling containers provided for that purpose by the village. In the event that the amount or size of the recyclables exceeds the capacity of the designated containers, the excess shall be placed in separate waterproof containers alongside the designated containers for collection. The use of plastic bags for recyclables is not permitted.
C. 
Newspapers shall be securely tied in bundles of a size not to exceed 12 inches in height by the use of string, cord or twine. No nylon or other synthetic cord or device may be used to secure the bundles.
D. 
All glass, metal and plastic recyclables shall be cleaned and all contents shall be removed therefrom prior to the collection, removal or disposal of the same. All caps and rings shall be removed from glass and plastic recyclables. All labels shall be removed from metal can recyclables.
E. 
The Village Board is empowered to fix, by resolution, the day(s) and times for the collection, removal and disposal of recyclables.
F. 
The placement and removal of recyclables and recycling containers for collection, removal and disposal shall be governed by the same rules as those for garbage and garbage containers in § 65-2E and F.
G. 
In the event that a person shall fail to separate or prepare recyclables for collection in accordance with the provisions of this section, the village reserves the right to suspend the collection of all recyclables of all refuse and solid waste from such premises until the violation has been corrected.
A. 
No grass clippings, brush, tree stumps or other yard waste shall be bagged, containerized, boxed, collected, raked, piled or otherwise commingled with any garbage, rubbish or recyclables placed at curbside for collection, removal and disposal by the village.
B. 
All grass clippings may only be disposed or deposited at any authorized village, town, county or private composting site by the owner of premises from which such clippings or waste was generated.
C. 
The Board of Trustees may designate day(s) and times during the autumn months for the collection, removal and disposal of leaves. All leaves must be collected and stored in watertight plastic bags and placed curbside for collection by the village.
A person convicted of violating any provision of this chapter shall be guilty of a violation which is punishable as follows:
A. 
For a first conviction, by a fine not less than $10 nor more than $25.
B. 
For a second conviction within one year, by a fine of not less than $25 nor more than $50.
C. 
For a third conviction within one year, by a fine of not less than $50 nor more than $100.
D. 
For a fourth conviction within one year, by a fine of not less than $100 nor more than $250.
The provisions of this chapter shall be administered and enforced by the Superintendent of Streets and the Village Police Department.
The Board of Trustees, by the adoption of this chapter, hereby incorporates these rules and regulations into the Village Code as Chapter 65 thereof for all future reference. Any provisions of the Village Code which are inconsistent with the regulations as enacted by this chapter shall be and hereby are superseded.