[HISTORY: Adopted by the Board of Trustees
of the Village of Fairport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-15-2013 by L.L. No. 3-2013[1]]
[1]
Editor's Note: This local law was approved by the Mayor 11-12-2013.
This local law also repealed former Art. I, Garbage and Refuse, adopted
4-16-1940 (Ch. 21 of the 1968 Code), as amended.
This article shall be known as the "Garbage and Refuse Ordinance."
In order to protect and promote the health, safety and welfare
of the people of the Village of Fairport, the Village Administrator
is authorized and directed to implement and enforce the provisions
of this article controlling the storage, collection and disposal of
refuse within the Village, to provide the public refuse collection
and disposal services as defined and limited by this article and within
the appropriations made therefor by the Village Board, to provide
disposal of some types of refuse by recycling and to regulate and
control the establishment, maintenance and operation of refuse collections.
All services provided under this article shall be in compliance with
all state and local environmental health statutes and regulations.
As used in this article, the following terms shall have the
meanings indicated:
All refuse material which would ordinarily not be placed
in a garbage or refuse receptacle, but would be placed next to the
curb for pickup, including but not limited to leaves, shrubbery trimmings,
branches, large pieces of wood, trees, bedsprings, mattresses and
any discarded furniture or appliances.
All waste animal, fish, fowl, fruit or vegetable matter produced
from or resulting from the use and storage of food for human consumption,
and includes spoiled food and dead animals found within the Village
limits.
Includes all discarded, relatively dry, miscellaneous refuse
material which is capable of being burned or incinerated, comprising
chiefly of wood, paper, newspaper, rags, excelsior, straw, leather,
rubber, boxes, sweepings from buildings, tree trimmings, shrubbery
trimmings, leaves, grass and other discarded articles of similar nature,
and also all rubbish or materials of domestic or commercial origin
incapable of being burned or incinerated, including tin cans, tinware,
bedsprings, metal, auto parts, pipe, other metallic substances, bottles,
glassware, earthenware and like materials.
No person shall throw or scatter or cause to be thrown or scattered
any refuse or garbage or any other material upon any of the streets
or public places in the Village of Fairport.
No person shall deposit or cause to be deposited upon any property
within the corporate limits of the Village of Fairport any garbage
or refuse, and so-called "dumping" is hereby prohibited. No garbage,
refuse or other obnoxious or contaminating substance shall be deposited
or thrown in any running water or other body of water within said
Village.
A.Â
No person or householder shall dispose of refuse and garbage in the
home or commercial establishment, nor shall any person bury garbage
or refuse upon his property.
B.Â
It shall be unlawful for any person to burn brush, lumber, leaves,
straw, rags, paper or any other combustible material in any street
or alley in said Village or upon any premises in said Village, except
that commercial household incinerators may be utilized if they produce
no smoke or odors that are classed as nuisances or hazards.
C.Â
No person shall suffer or permit garbage, refuse or ashes to collect
or remain upon premises owned or occupied by him so that the same
shall become offensive or dangerous to the public health or to any
person or property.
D.Â
No person shall keep or permit to be kept upon, in or about any premises
in the Village of Fairport any oily waste or oily rags unless at all
times when not actually in use said oily waste and oily rags shall
be kept in a metal can with a self-closing cover and riveted joints,
standing on metal legs so as to raise the bottom of the container
at least five inches above the floor.
All refuse containers offered by collection by the Department
of Public Works shall meet the requirements set forth in the Refuse
Rules and Regulations.
A.Â
The Department of Public Works shall collect and dispose of all residential
refuse and commercial refuse as further limited by this article, unless
said user chooses to contract with a private refuse hauler. Such refuse
shall be stored and prepared for collection by property owners and
occupants in accordance with the provisions of this article. The Department
shall not collect industrial, infectious or hazardous waste, or any
other waste deemed as unacceptable waste by the Village Board.
B.Â
The Village Board may, by resolution, promulgate regulations covering
the items of collection of refuse and the fees charged therefor and
such other matters pertaining to the public collection and disposal
of refuse as it may deem necessary, provided that such regulations
are not contrary to the provisions hereof.
The Board of Trustees may by resolution adopt, modify or repeal
a schedule or schedules of collection for the various sections of
the Village, and all garbage and refuse shall be ready for collection
at the time fixed in such schedule.
Residential refuse, commercial refuse and bulk refuse offered
for collection by the Department of Public Works shall be prepared
for collection by the owner and/or the occupant of the premises provided
it conforms with the requirements set forth in the Refuse Rules and
Regulations.
No refuse shall be placed or stored on any premises within the
Village except as permitted by this article. Such refuse shall be
stored in a manner so as not to create a health hazard or public nuisance.
Refuse shall not be placed or stored in the front yard setback, street,
sidewalk or gutters or in any public place, except as directed herein
or by the Village Administrator.
The placement of all containers offered by collection by the
Department of Public Works shall meet the requirements set forth in
the Refuse Rules and Regulations.
The Board of Trustees of the Village of Fairport shall have
the right from time to time to hire or contract with one or more persons,
fines or corporations, upon such terms and conditions as such Board
shall provide, for the collection and disposal of garbage and refuse,
such contract to be awarded upon competitive bidding for the same
after publication of a request for bids in the official newspaper.
The Board of Trustees may at any time hereafter establish a municipally
operated collection service for garbage and refuse and may purchase
such equipment as may be necessary for the proper operation of the
same.
No person shall interfere with or remove or scavenge for material
in any container which has been placed at the curb or in a dumpster
by the owner or occupant for collection by the Department of Public
Works, curbside trash excepted.
Litter containers placed outside for public use are to be used
for the deposit of litter generated on the public right-of-way by
pedestrians and motorists. The placing into litter baskets of refuse
originating from homes, commercial or industrial establishments is
prohibited.
No person shall place, or cause to be placed, any refuse for
the purpose of disposal on any premises unless he or she is the owner
or occupant of said premises.
The Board of Trustees may designate, establish and maintain
municipal dumping grounds either within or without the Village limits.
Any collection service established by the Village pursuant to
the provisions of this article shall be for the purpose of collection
and disposing of household garbage and refuse and that produced by
retail stores and businesses. Manufacturing establishments must dispose
of their own waste.
A.Â
The Village Administrator shall have the authority to abate any sanitary
health hazard or public nuisance and charge the property owner the
cost of the abatement.
B.Â
The Village Administrator shall have the authority to suspend or
revoke service to any property in the case of violation of this article.
Such suspension or revocation shall only occur after a written notice
of violation has been sent to the record owner of the property and
the condition has not been corrected within 15 days.
Any person aggrieved by a decision or regulation of the Village
Administrator arising out of this article shall have the right to
appeal to the Village Board, who shall have the authority to confirm,
modify or revoke such decision or regulation.
A.Â
Any person violating any of the provisions of this article shall
be liable for and forfeit and pay to the Village of Fairport a penalty
not exceeding $250.00 or by imprisonment for not more than 15 days,
or both, for each offense.
B.Â
Each day that a violation exists shall constitute a new and separate
offense.
This article shall become effective immediately upon completion
of filing with the Secretary of State.
[Adopted 9-9-1991 by L.L.
No. 4-1991 (Ch. 41C of the 1968 Code)]
This article shall be known as the "Solid Waste
Management Law of the Village of Fairport."
The Village Board finds that:
A.Â
Removal of certain materials from the solid waste
stream will decrease the flow of solid waste to landfills, aid in
the conservation of valuable resources and reduce the required capacity
of existing and proposed resource facilities.
B.Â
The New York Solid Waste Management Act of 1988 requires
that municipalities adopt a local law or ordinance by September 1,
1992, to require that solid waste which has been left for collection
or which is delivered by the generator of such waste to a solid waste
management facility shall be separated into recyclable, reusable or
other components for which economic markets for alternate uses exist.
A.Â
This article is adopted pursuant to Chapter 541 of
the Laws of 1976, as amended, and Chapter 552 of the Laws of 1980
of the State of New York, as amended to:
(1)Â
Institute a plan for the management of recyclable
materials generated or originated in the Village to promote the safety,
health and well-being of persons and property within the Village.
B.Â
It is the Village's ultimate goal to recycle all of
the items defined in this article as recyclable materials; however,
the Village recognizes this can occur only as the appropriate facilities
become available. Therefore, the recyclable materials which are mandated
for pickup shall be set forth from time to time by the Village Board.
As used in this article, the following terms
shall have the meanings indicated:
The Solid Waste Administrator of Monroe County.
Any person licensed or authorized by the Village to collect
and transport recyclable materials generated or originated within
the Village.
A permitted facility or facilities for processing recyclable
materials specified in the rules and regulations promulgated pursuant
to this article. This term shall exclude incinerating facilities,
waste-to-energy facilities and landfills.
A blue box container with a county or Village logo for recyclable
materials readily identifiable by the hauler as a container for recycling
materials.
The County of Monroe.
The County Executive of Monroe County.
Any solid waste management resource recovery facility employed
beyond the initial solid waste collection process which is to be used,
occupied or employed for or is incidental to the receiving, transporting,
storage, processing or disposal of solid waste or the recovery by
any means of any material or energy processing systems, resource recovery
facilities, sanitary landfills, plants and facilities for composting
or landspreading of solid waste, secure land burial facilities, reprocessing
and recycling facilities, surface impoundments and waste oil storage,
incinerators and other solid waste disposal, reduction or conversion
facilities.
Any hazardous waste as defined under the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901 et seq., or a hazardous
substance as defined under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601 et seq.,
or hazardous waste as defined under the New York Environmental Conservation
Law, § 27-0901, et seq., as each such law may be amended
from time to time, and the regulations promulgated thereunder and
any analogous or succeeding federal, state or local law, rule or regulation
and any regulations promulgated thereunder any other material which
any governmental agency or unit having appropriate jurisdiction shall
determine from time to time cannot be processed at the facility because
it is harmful, toxic or dangerous.
Any material, substance, by-product, compound or any other
item generated or originated within the Village and separated from
solid waste at the point of generation for separate collection, sale,
external reuse or reprocessing and/or disposition other than by disposal
in landfills, sewage treatment plants or incinerators. Other recoverable
materials do not include recyclable materials as defined therein.
Any natural person, partnership, association, joint venture,
corporation, estate, trust, association, county, city, town, village,
improvement district, governmental entity, school district or other
legal entity.
Includes, but is not limited to the following:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for soda, beer, beverages or other food or drink products and other aluminum products.
BOXBOARDWoodpulp-based material which is usually smooth on both sides but with no corrugated center. Excludes material with wax coating.
CORRUGATEDWoodpulp material which is usually smooth on both sides with a corrugated center, commonly used for boxes; excludes material with wax coating.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
GLASS BOTTLESNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear- (flint), green- and brown- (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
METAL CANSContainers fabricated primarily of steel or tin or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspapers. This term excludes magazines.
PLASTICSIncludes high-density polyethylene (HDPE), low-density polyethylene (LDPE), polystyrene and polyethylene terepthalate (PET), commonly used for soda, milk and other containers.
WOOD WASTEIncludes logs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, branches up to four inches in diameter and other like vegetative garden materials.
Any method, technique or process utilized to separate, process,
modify, convert, treat or otherwise prepare solid waste so that its
component materials or substances may be beneficially used or reused
as raw materials.
All putrescible and nonputrescible solid wastes which are
generated or originated within the Village, including but not limited
to materials or substances discarded or rejected, whether as being
spent, useless, worthless or in excess to the owners at the time of
such discard or rejection or for any other reason, or are being accumulated,
stored or physically, chemically or biologically treated prior to
being discarded, have served their intended use or are a manufacturing
by-product, including but not limited to garbage, refuse and other
discarded solid materials, including solid waste materials, resulting
from industrial, commercial and agricultural operations and from community
activities, sludge from air or water pollution control facilities
or water supply treatment facilities, rubbish, ashes, contained gaseous
material, incinerator residue, demolition and construction debris
and offal, but not including sewage and other highly diluted water-carried
materials or substances and those in gaseous form or hazardous waste
as defined in this article.
The segregation of recyclable materials and other recoverable
materials from solid waste at the point of generation for separate
collection, sale or other disposition.
The Village of Fairport.
Includes source separation, recycling programs, changes to
the packaging portion of the waste stream to reduce solid waste generated,
the activities and enterprises of scrap dealers, processors and consumers
and other programs designed to reduce the volume of solid waste or
enhance reclamation and recovery of solid waste or recyclable materials
otherwise destined for the municipal waste stream. For purposes of
this definition, such reduction programs shall not include the processing
of waste for incineration or disposal by other means.
A.Â
Solid waste generated or originated within the Village
which has been left for collection or which is delivered by the generator
of such waste to a solid waste management facility shall be disposed
as follows:
(1)Â
Prior to initial collection or transport, such solid
waste shall be source separated by any person into recyclable, reusable
or other components for which economic markets exist.
(2)Â
Recyclable materials shall not be commingled with
other solid waste during collection, transportation or storage following
collection. The Village may order such exceptions as it determines
are in the public interest.
(3)Â
All recyclable materials generated or originated within
the Village must be delivered to an authorized recycling facility
or handled through a waste stream reduction program.
(4)Â
No authorized recycling facility or waste stream reduction
program shall receive recyclable materials generated or originated
within the Village except as permitted by law.
B.Â
Disposal of solid waste which is barred from all authorized
facilities by rules, regulations or orders promulgated pursuant to
Monroe County's Solid Waste Management Local Law or this article or
by any other law, regulation or ordinance shall not otherwise be regulated
by this article.
C.Â
No hazardous waste may be delivered to an authorized
recycling facility.
D.Â
No facility other than an authorized recycling facility
shall accept for disposal recyclable materials which have been source
separated.
A.Â
Only persons who are acting under authority of the
Village or an authorized hauler shall collect, pick up, remove or
cause to be collected, picked up or removed any solid waste recyclable
materials placed in or adjacent to a container for collection. Each
such unauthorized collection, pickup or removal shall constitute a
separate violation of this article. However, where the county, Village
or an authorized hauler has refused to collect certain recyclable
materials because they have not been separated, placed or treated
in accord with the provisions of this article, the person responsible
for initially placing those materials for collection may and shall
remove those materials from any curb, sidewalk or street side.
B.Â
Nothing herein shall prevent any person from making
arrangements for the private collection, sale or donation of recyclable
materials, provided that recyclable materials to be privately collected,
sold or donated shall not be placed curbside on or immediately preceding
the day for collection of such recyclable materials. Any and all recyclable
materials placed in a Village- or county-supplied container at curbside
or at any designated collection place shall immediately become the
property of the county or Village.
Haulers shall be subject to the following requirements:
A.Â
All authorized haulers must enter into an authorized
hauler agreement with the Village.
B.Â
An authorized hauler sticker shall be prominently
displayed on each vehicle operated by or on behalf of the authorized
hauler.
C.Â
Each hauler shall develop and submit a generic collection
plan for Village approval for collecting recyclable materials from
its commercial, industrial and institutional customers.
D.Â
Haulers shall report to the Village the delivery of
any solid waste to a collection site which has not been source separated
in conformity with this article.
A.Â
When the Code Enforcement Officer determines that
a failure to comply with this article may have occurred, he shall
recommend to the county or to the Village that the authorized hauler
application be denied or the solid waste license be suspended, revoked
or its holder subjected to a reprimand or that the generator or originator
of the solid waste or recyclable materials be subject to sanctions
or penalties as described herein.
B.Â
Notice.
(1)Â
The Code Enforcement Officer shall notify the affected
generator, applicant or licensee of the alleged failure, in writing.
The notice shall include:
(2)Â
The notice shall be personally served or sent by registered
mail to the generator, applicant or licensee's last known address,
at least 10 days before the hearing date, with a copy to the Administrator.
C.Â
Hearing.
(1)Â
Hearings shall be held before the Village Justice
within a reasonable period, which shall be at least 10 days after
the service of the notice.
(2)Â
The generator, applicant or licensee may be represented
by counsel at the hearing and may offer evidence and cross-examine
witnesses.
(3)Â
Within 20 days after the close of the hearing, the
Village Justice shall:
(a)Â
Determine whether the alleged failure to comply
with this article has occurred; and
(b)Â
If the Village Justice determines that such
a failure has occurred, decide whether the generator or applicant
shall be subject to fine or penalty, the application shall be denied,
or an existing solid waste license or authorized hauler status be
suspended, revoked or its holder subjected to a reprimand and issue
an order carrying out this decision.
A.Â
Inspections and appearance tickets.
(1)Â
All portions of vehicles and containers used to haul,
transport or dispose of recyclable materials, including such containers
placed outside of residences, shall be subject to inspection by any
police officer or the Code Enforcement Officer of the Village to ascertain
compliance with this article, the County Solid Waste Management Law
and the rules, regulations or orders promulgated pursuant to the County
Law.
(2)Â
Police officers and the Code Enforcement Officer are
hereby authorized and directed to issue appearance tickets for violations
of this article.
B.Â
Penalties.
(1)Â
The Village may commence a civil action to enjoin
or otherwise remedy any failure to comply with this article.
(2)Â
In addition to the civil sanctions provided herein,
failure to comply with this article or the rules and regulations promulgated
hereunder shall be a violation as defined in § 55.10 of
the Penal Law, and penalties may be imposed thereunder. Appeal may
be taken by the aggrieved party in the same way as an appeal of a
violation under Penal Law § 55.10.
(3)Â
Any penalties or damages recovered or imposed under
this article are in addition to any other remedies available at law
or equity.
(4)Â
No penalties, fines, civil sanctions or other enforcement
actions will be commenced prior to June 1, 1992, in order to permit
persons regulated hereunder to come into compliance with this article.
The provisions of this article shall be effective
on the same date as the County Solid Waste Management Local Law becomes
effective.
