[HISTORY: Adopted by the Town Board of the Town of Carmel 5-5-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 95.
This chapter is adopted in view of the increase in illegal dumping of garbage, rubbish, refuse and other offensive materials. It is the intent of the Town Board of the Town of Carmel to restrict and regulate, in a manner consistent with the interest of the residents of the Town of Carmel, the dumping, disposal and accumulation of various wastes and to require that all dumpster(s) be screened and located in proper locations in order to promote the health, safety and general welfare of the persons and property within the Town of Carmel. This chapter shall be known as the "Illegal Dumping/Trash Enclosure Local Law of the Town of Carmel."
As used in this chapter, the following terms shall have the meanings indicated:
- CLOTHING BIN CONTAINER
- An exterior container which is placed for the purpose of obtaining, collecting, soliciting the donation of, or the storage of used items, including used clothes, furniture and personalty.
- To heap or pile matter capable of decay, including but not limited to grass cuttings, leaves, brush, decaying foods or paper products, for use as fertilizer.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Any matter that is defined as construction and demolition debris in 6 NYCRR Part 360.
- A bulk storage container for garbage as defined herein, and other waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck or other conveyance for disposal.
- Includes, but is not limited to:
- Any waste matter capable or incapable of fermentation or decay, which is not contained in a waste receptacle, garbage can or dumpster.
- Includes but is not limited to:
- A. Combustible paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, tires, plastics, Styrofoam and synthetics, wood furniture and bedding, dunnage and all other material subject to burning.
- B. Noncombustible metal, tin cans, metal furniture, glass, crockery and minerals, ashes, cinders and pottery.
- Solids removed during the treatment of:
- SOLID WASTE
- Any matter that is defined as solid waste by 6 NYCRR Part 360.
Dumping, disposing, burying, burning or littering of any of the following on any public or private lands in the Town is prohibited:
Garbage, rubbish or litter, subject to the following:
The storage of garbage or rubbish that is awaiting collection and removal in a durable container in a manner which, in the opinion and discretion of the Director of Codes Enforcement of the Town of Carmel, does not impair the public health or safety shall not be deemed to be prohibited by this section.
The owner of a one-family residence or farm may compost on the property comprising said residence or farm matter capable of decay (as defined in § 93-2 above) generated from that residence or farm to be used as a fertilizer, so long as the disposal and composting is done in a nuisance-free manner which does not impair the public health, safety or general welfare.
The disposal on areas within the property boundaries of a family residence or farm of animal carcasses or parts thereof generated from that family residence or farm shall not be deemed prohibited by this section so long as the same shall be disposed of pursuant to the applicable provisions of New York State's Agriculture and Markets Law.
Sludge; however, the disposal of sludge in accordance with the regulations of the State Department of Environmental Conservation shall not be deemed to be prohibited by this section.
Solid waste; however, the disposal of solid waste at a disposal facility authorized and licensed in accordance with regulations set forth in 6 NYCRR Part 360 shall not be deemed to be prohibited by this section.
Construction and demolition debris, subject to the following: The storage of construction and demolition debris that is awaiting collection and removal in a manner which, in the opinion and discretion of the Director of Codes Enforcement of the Town of Carmel, does not impair the public health or safety shall not be deemed to be prohibited by this section; provided, however, that said debris is removed from the site within 45 days from the issuance of a building demolition permit.
Dumping, disposing or burying of lumber in the Town is prohibited, except:
Lumber awaiting use in any construction project stored in a manner which does not impair the public health or safety.
This section shall not be deemed to prevent the storage of untreated lumber intended for the use as firewood so long as the same shall not be stored in or near any highway or Town road right-of-way, or at or near any intersection in such a manner as to obstruct or impair the line of sight for vehicular or pedestrian traffic. No storage of firewood shall be allowed in the front yard of any residential dwelling.
Placement of dumpsters is restricted as follows:
A dumpster shall be located within a residential community as placed upon the final plans of approval for the development of the community, or as otherwise approved by the Town Planning Board.
No dumpster shall be located in or on a public right-of-way.
No dumpster shall be located in areas regularly used or as previously approved by the Town Planning Board as designated parking spaces for commercial or business uses, without the Planning Board's approval.
Garbage and other waste material must be completely contained within the dumpster. No accumulation of garbage or other materials, such as litter, rubbish or waste, will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate so that the dumpster cover cannot be firmly closed.
All dumpsters shall be kept in good repair, be structurally sound, leakproof and easily opened and closed. Dumpsters shall be painted as necessary to prevent the showing of rust and deterioration and be so constructed as to stand firmly upright.
All dumpsters shall have the name of the company or individual owning such dumpster clearly printed on either the front or the back of such dumpster.
All dumpsters shall be screened as follows:
With a minimum six-foot fence, slatted or solid, either black, brown or hunter green; or
With a minimum six-foot-tall living fence, of such density that the dumpster cannot be seen through the living fence. Said living fence must be of evergreen trees and maintained year round; or
With a minimum six-foot-tall wall, made of brick, stone, or other masonry.
The dumpster enclosure shall be not more than four feet larger than the dumpster to be enclosed within.
No signage is permitted on the enclosure.
The trash enclosure shall not be used for any other use but the enclosure of the dumpster.
Unlawful acts. It shall be unlawful for any person to dispose of residential waste, ashes, junk goods, recyclable materials, by means of the following:
Placing the above-stated materials at the pickup area of another residence, business or public park.
Placing the above-stated materials in the containers belonging to the place of business or residence of another or the containers of a public park or street.
Disposing of any of the above-stated materials other than through the Town or private hauler provided by the owner or resident.
Disposing of recyclable materials being collected under the Town or county recycling program with other residential waste or garbage.
For any nonresident of the Town of Carmel, whether it be person and/or corporation, to deposit any junk goods, recyclable materials, garbage or wastes at any site in Carmel, including but not limited to the pickup area of another resident, business or public park, in containers belonging to a place of business or residence of another or in containers of a public park, except for food and beverage waste personally generated in the use of public parks or eating establishments.
Clothing bin containers. No clothing bins shall be placed within the Town of Carmel on any public or private properties.
Existing dumpsters. All properties within the Town of Carmel must be in compliance with this chapter within 12 months of the adoption of this chapter. If within the twelve-month period compliance is not achieved, the Property Compliance Officer, police officer, or any other official charged with enforcement of this Code shall issue a violation to the property owner, tenant, or both and seek fines as described in § 96-4 of this Code.
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $250 nor more than $1,000 for each offense and, in default of payment of such fine, be imprisoned for a term not exceeding 15 days. Each day of violation constitutes a separate offense.
This chapter may be enforced by the Police Department and/or the Code Enforcement Office of the Town of Carmel.