[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.]
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.
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]
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.
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.
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]
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.
[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.
