[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Any animal or vegetable matter capable of fermentation or
decay.
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.
A building or parcel of land having three or more dwelling
units.
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."
Any individual, partnership, association, firm, corporation
or any and all combination of individuals acting in concert.
Land, building or other structures, vehicles or parts thereof
upon or in which the refuse or garbage is stored.
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.
A building or parcel of land having fewer than three dwelling
units.
Discarded material, including paper boxes, papers, rags,
shoes, metal, rubber and wooden scrap and other material of the same
general nature.
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 water-carried 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.Â
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.Â
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.Â
Containers shall not weigh more than 40 pounds when
filled.
D.Â
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.Â
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.Â
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.Â
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.Â
The following items will not be collected;
(1)Â
Dangerous materials or substances, such as poisons,
acids, caustics, infected materials or explosives.
(2)Â
Construction and demolition debris such as plaster,
mortar and rusting materials.
(3)Â
Motor oil, car batteries and tires.
(4)Â
Solid waste from industrial processes.
(5)Â
Leaves, yard clippings, tree and shrub trunks, limbs
and branches.
A.Â
The recycling of certain materials, which materials
shall be specified by resolution of the Board of Trustees, is hereby
required.
B.Â
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.Â
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.Â
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.Â
The Village Board is empowered to fix, by resolution,
the day(s) and times for the collection, removal and disposal of recyclables.
G.Â
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.Â
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.Â
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.Â
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.Â
For a first conviction, by a fine not less than $10
nor more than $25.
B.Â
For a second conviction within one year, by a fine
of not less than $25 nor more than $50.
C.Â
For a third conviction within one year, by a fine
of not less than $50 nor more than $100.
D.Â
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.
