Village of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fort Edward 2-1-1988 by L.L. No. 1-1988; amended in its entirety 5-1-2000 by L.L. No. 2-2000 (Ch. 71 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 204.
Nuisance properties — See Ch. 220.
A. 
The purpose of this chapter is to protect, maintain and enhance the public health, safety and the general welfare by establishing requirements and procedures relating to the collection and disposal of solid waste in the Village of Fort Edward.
B. 
It is hereby determined by the Board of Trustees of the Village of Fort Edward that the landfilling and/or incineration of solid waste within the Village of Fort Edward is likely to constitute a hazard and a menace to the health and safety of the residents of the Village of Fort Edward.
C. 
It is further determined that the citizens of the Village of Fort Edward have vested legislative authority in their Board of Trustees, and that said Board is entrusted, among other duties, with the protection of the order, conduct, safety, health and well-being of persons and property therein and the protection and enhancement of said Village's physical and visual environment.
D. 
It is further determined that the Village, by local law, may exercise its police power to regulate all aspects of solid waste within the Village of Fort Edward and to make appropriate rules, regulations, resolutions and laws intended to promote the general well-being of the persons and property situated therein.
As used in this chapter, the following terms shall have the meanings indicated.
CARTER
A person or entity engaged in the business of removing garbage, ashes or refuse from premises or places.
[Added 12-2-2013 by L.L. No. 4-2013]
DUMPSTER
Any container used in the normal course of demolition or construction for the purpose of storing, containing and/or carting debris of any kind, or any container employed for garbage or refuse collection, provided by a garbage or refuse service for commercial or residential collection or mass storage of garbage and refuse, where the volume of the same shall exceed 55 gallons.
GARBAGE
Includes offal, filth, dirt, ordinary kitchen, cooking and household wastes, decaying vegetables, animal matter and food containers of metal, glass, paper, plastic and other similar material.
PERSON
Includes any individual, firm, partnership, corporation, municipality or association of persons.
PRIVATE CARTER
A carter which is not owned or employed by the Village of Fort Edward.
[Added 12-2-2013 by L.L. No. 4-2013]
SOLID WASTE
Garbage, refuse and other discarded materials, including but not limited to solid, semisolid, liquid and contained gaseous materials resulting from municipal, industrial, commercial, agriculture and residential units.
A. 
Under the direction of the Town of Fort Edward, there shall be standard garbage collection and disposal services consisting of one collection per week for each residence.
B. 
Regular collection service shall not include removal of items such as tires, refrigerators, air-conditioning units, furniture, pipe, auto parts, trees, yard waste and other like items.
C. 
Under the direction of the Superintendent of Highways, the Village shall maintain standard yard waste collection and disposal for each residence as may be required by the Superintendent of Highways.
[Added 12-2-2013 by L.L. No. 4-2013]
A. 
Persons or entities engaged in the business of removing garbage or refuse from residential premises located within the Village shall perform such services only:
(1) 
Wednesdays and Thursdays between 6:00 a.m. and 6:00 p.m.;
(2) 
On weeks that contain national holidays, garbage may be collected on the day preceding or succeeding the normally scheduled pick-up day in conformity within the time frames as set forth in Subsection A(1) above.
(3) 
At other such hours as the Board of Trustees, by resolution, may direct.
B. 
In no case, however, shall the permitted hours of collection for private carters be less than the hours that the Village of Fort Edward utilizes for garbage and refuse collection.
C. 
The above subsection in this within provision entitled Subsection A shall be in full force and effect commencing on March 1, 2014, and shall continue at all times thereafter.
[Added 12-2-2013 by L.L. No. 4-2013]
A. 
All private carters which perform work or provide services to any premises or place within the Village shall first obtain a license before commencing operation within the Village boundaries on such forms as the Board of Trustees may approve, and provided that a permit fee of $250 per year is paid at the time of application.
B. 
Private carters shall have and demonstrate that they have workers' compensation insurance coverage for all its employees who work or provide services within the Village.
C. 
Private carters.
(1) 
All private carters performing work or providing services to any premises or place within the Village must demonstrate, in written format, compliance and that they have an active recycling program, prior to issuance of an operating Village license.
(2) 
The recycling program must address and provide for the recycling of all recyclable material as identified by the Department of Public Works Superintendent or such other official as may be designated by the Board of Trustees, or the Board of Trustees. The Department of Public Works Superintendent or such other official as may be designated by the Board of Trustees, or the Board of Trustees, is empowered to amend the list of recyclables, upon written notification to all private carters. Following proper notification, private carters must implement all changes within a thirty-calendar-day period. Failure to implement required changes to the recycling effort shall be sufficient reason to suspend the private carter's operating license within the Village.
D. 
The above subsections in this within provision entitled Subsections A, B and C shall be in full force and effect commencing on January 1, 2014, when on or before such date, private carters doing business in the Village of Fort Edward or those intending to do business in the Village of Fort Edward must comply with the provisions entitled Subsections A, B and C of this section.
Owners and occupants of occupied premises and owners and persons in charge of unoccupied premises, including vacant lots within the Village, are hereby charged with the duty of maintaining such premises at all times in a sanitary, clean and tidy condition and so as to prevent the accumulation there of solid waste which constitutes a nuisance or fire hazard.
A. 
No person shall permit any solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the Village of Fort Edward. Owners or occupiers of residential property are hereby required to make accumulated solid waste available for collection as scheduled under the terms hereof.
B. 
All solid waste accumulated on any residential, commercial, industrial and institutional property in the Village of Fort Edward may be collected, conveyed and disposed of by an authorized collector in accordance with the provisions of this chapter. It shall be unlawful for any person to collect and dispose of any solid waste within the Village of Fort Edward except as provided in this chapter.
C. 
It shall be the duty of the owner, lessee or occupant of every dwelling, store or other building within the Village of Fort Edward to keep such buildings free, clear and clean of all kinds of solid waste of any kind or description and to keep sidewalk and yard areas free, clear and clean of all solid waste of any kind or description.
D. 
It shall be the responsibility of the owner of a multifamily unit to provide a sufficient number of containers for the storage of solid waste to prevent overflow between times of collection and to maintain the premises in accordance with the standards of this chapter. It shall be unlawful for the owner of such a multifamily unit to fail to provide such containers and to allow the occupants of such multifamily unit to accumulate solid waste.
E. 
No person shall allow or permit the storage or placement of household furniture or appliances outside the living area of the property.
All garbage and solid waste shall be kept and disposed of in the following manner:
A. 
No garbage receptacles shall be stored on or in any front yard. Garbage receptacles may be kept in side or rear yards but shall be screened and not visible from the street.
B. 
All garbage receptacles or containers of rubbish shall be set out for collection no earlier than 6:00 p.m. on the day prior to the day scheduled for collection.
[Amended 12-2-2013 by L.L. No. 4-2013]
C. 
All garbage receptacles or containers and any uncollected materials shall be removed from the curbside no later than 6:00 p.m. on the day scheduled for collection.
[Added 12-2-2013 by L.L. No. 4-2013]
D. 
All garbage and materials set out for collection must only include materials authorized for collection by the Village or the private carter.
[Added 12-2-2013 by L.L. No. 4-2013]
A. 
No dumpster or other waste container shall be placed upon any sidewalk, street, highway or other public place within the Village of Fort Edward.
B. 
Every dumpster or other waste container placed within the Village shall comply with the following additional requirements:
(1) 
Every dumpster or waste container shall be conspicuously marked with the name and address of its owner.
(2) 
No dumpster or waste container shall create an offensive odor, be a health hazard or become a nuisance.
(3) 
All dumpsters and waste containers shall be covered at all times so as to prevent tampering or entry by unauthorized persons and to hinder the creation of offensive odors, health hazards and nuisances.
It shall hereafter be unlawful for any person or entity to landfill, incinerate and/or store solid waste, including but not limited to garbage, refuse, industrial and commercial waste, rubbish, ashes, incinerator residue, demolition and construction debris and all hazardous waste, within the Village of Fort Edward. Nothing herein shall be construed to restrict or impede any lawfully conducted recycling operations within the Village of Fort Edward.
A. 
Any person violating the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not exceeding $250 for each offense (each day of a violation of the terms of this chapter constitutes a separate offense) or by an imprisonment of not more than 15 days, or both.
B. 
Each day of violation of this article shall constitute a separate and distinct additional violation.
[Added 12-2-2013 by L.L. No. 4-2013]
This chapter, as adopted, shall not invalidate any presently existing solid waste contract to which the Village of Fort Edward is a party.
[Added 12-2-2013 by L.L. No. 4-2013]
This chapter shall take effect upon filing in the office of the New York State Secretary of State.