Village of Celoron, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Celoron as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 139.
[Adopted 10-3-1988 by L.L. No. 8-1988 (Ch. 27 of the 1966 Code)]
The intent of the Board of Trustees of the Village of Celoron is to implement a local law to establish the right to collect and dispose garbage whereas to implement a recycling program within the boundaries of the Village of Celoron.
A. 
As used in this article, the following terms shall have the following meanings:
BRUSH
Cutting from shrubs, hedges, and trees which are less than four inches in diameter.
CLIPPINGS
From lawns, flowers, gardens, hedges, and shrubs, etc.
CONSTRUCTION DEBRIS
Discarded building material, concrete stones, earth from excavations or grading and all other refuse matter resulting from the erection, repair or demolition of building structures or other improvements of property.
GARBAGE
Kitchen and house refuse and table scraps, fruit and vegetable parings, decaying vegetable, animal and fruit matter and fallen fruit.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the home and which equip it for living (as chair, sofas, tables, bed, carpets, etc.)
LEAVES
Leaves from trees, shrubs, and hedges, etc.
MAJOR APPLIANCES
A large and/or bulk household mechanism (as a refrigerator, washer, dryer, stove, etc.) ordinarily operated by gas or electric current.
NONRECYCLABLE MATERIALS
Rags, sweepings, excelsior, rubber, leather, crockery, shells, clothing, dirt, filth, ashes, wastepaper and similar waste material. (Plastic containers.)
[Amended 12-9-2013 by L.L. No. 4-2013]
RECYCLABLE MATERIALS
Those materials specified by the Village of Celoron or the State of New York by law, ordinance, rule or regulation which are not hazardous and which are to be separated from the waste stream and held for reuse or which have, or may have in the future, market or other value. These materials shall include but not be limited to glass containers, plastic containers, corrugated cardboard, newspapers and metal cans.
[Amended 12-9-2013 by L.L. No. 4-2013]
TREE PARTS
Cuttings from shrubs, hedges and trees which are more than four inches in diameter.
B. 
Under no circumstance shall the terms "garbage," "recyclable materials," "nonrecyclable materials," "construction debris," or "major appliances" be deemed or construed to include vehicular tires or tire casings. Vehicular tires and tire casings will not be picked up or removed by the Village of Celoron or any agency thereof.
[Amended 12-9-2013 by L.L. No. 4-2013]
C. 
The terms "garbage," "recyclable materials," "nonrecyclable materials" and "major appliances" shall not be construed to include "construction debris," "brush," "tree parts," "leaves," "clippings," "white metals," "tires," or "batteries". "Brush," "tree parts," "leaves," and "clippings" may be collected by the Village upon resolution by the Board of Trustees.
[Amended by L.L. No. 3-1991; 12-9-2013 by L.L. No. 4-2013]
[Amended by L.L. No. 2-2002; 12-9-2013 by L.L. No. 4-2013]
Garbage and recyclables are prohibited to be brought in and deposited by any person outside the Village (nonresidents). No person shall dispose of garbage or recyclable or nonrecyclable materials except as follows:
A. 
All refuse shall be in a container commercially manufactured for this purpose and not exceeding 32 gallons in size, watertight, and shall have a tight-fitting cover with a maximum filled weight of 60 pounds; or suitable plastic garbage bags.
B. 
When not placed in a suitable container as provided above, nonrecyclable wastepaper, magazines, cardboard, flat paper, rags, leather, shavings, clothing and any other refuse or matter shall be separated from other matter and securely tied in compact bundles or packages and properly weighted down, and placed near the curb; the weight or size of said bundles or packages shall not exceed 60 pounds in weight or five feet in length.
C. 
It shall be a violation of this article for any person to place at the curb for collection any can or container other than one which contains garbage and nonrecyclable materials alone.
D. 
No person shall bury or openly burn or cause to be buried or openly burned garbage, refuse, papers, trash, and/or hazardous waste.
E. 
Animal waste should be double-bagged with a quantity that can be easily handled by one person without breakage or spillage of the bag.
F. 
Cardboard boxes and newspapers should be broken down and/or tied in bundles. Either item may be placed in other suitable containers. Neither item should be placed in a plastic bag.
[Amended by L.L. No. 3-1991; 12-9-2013 by L.L. No. 4-2013]
A. 
No person shall place or store construction debris with garbage, nonrecyclable materials, or recyclable materials. The person creating construction debris shall remove same and dispose of same in a sanitary manner.
B. 
No person shall place or store large household furnishings with garbage, nonrecyclable materials, or recyclable materials. It shall be the sole responsibility of the owner to remove same and dispose of same in a sanitary manner.
C. 
No person shall place or store major appliances with garbage or nonrecyclable materials. It shall be the sole responsibility of owner to dismantle the appliance so that it will not be a hazard to the public. In this respect, doors shall be removed from the appliances before placing it at the recycling station.
D. 
No person shall place or store white metals, tires or batteries with garbage, nonrecyclable materials or recyclable materials. It shall be the sole responsibility of the owner to remove same and dispose of same in a sanitary manner.
E. 
The Village shall have no obligation to pick up and remove any construction debris, major appliances, household furnishings, white metals, tires or batteries.
A. 
The Highway Superintendent is authorized to provide for the collection of brush and tree parts, leaves and clippings at such time and in such manner as the Board of Trustees shall from time to time provide.
B. 
The authorization provided for in Subsection A shall apply only to brush and tree parts, leaves and clippings produced by the individual activity or efforts of the owner or occupant of the premises.
C. 
Brush, tree parts, leaves and clippings produced by commercial contractors must be removed from the premises by the contractor or by the owner or occupant of the premises. Such brush, tree parts, leaves and clippings may not be placed at or near the curb or street right-of-way, except temporarily as may be necessary in the course of the work which produced the brush, tree parts, leaves and clippings.[1]
[1]
Editor's Note: Original § 27-5D of the 1966 Code, regarding no removal by the Village of brush, tree parts, leaves and clippings produced by commercial contractors, which immediately followed this subsection, was repealed 12-9-2013 by L.L. No. 4-2013.
A. 
It shall be the duty of the owner, lessee or occupant of every dwelling, store or other building within the Village of Celoron to keep such buildings free, clear and clean of all kinds of garbage and rubbish of any kind or description and to keep sidewalk and yard areas free, clear and clean of all garbage and rubbish of any kind or description.
B. 
It shall be the duty of the owner, lessee, or occupant of every store or other building within the Village of Celoron, excepting dwellings, to keep all garbage and refuse containers inside the building on the occupied premises or in a suitable, completely enclosed structure considered for that particular purpose of approved design from approved noncombustible building materials in accordance with the building regulations of the Village, but nothing herein shall be construed to require the alteration, modification or reconstruction of any existing structures or portion thereof presently in use for such purpose in the Village of Celoron.
[Amended by L.L. No. 2-2002]
A. 
The Highway Superintendent, a police officer or such other person as may be designated by the Board of Trustees, is authorized and directed to enforce this article and to cause collections to be made accordingly.
B. 
A person convicted of violating any provision of this article shall be guilty of a violation, which is punishable by a fine not more than $250 or imprisonment for 15 days, or both.
[Amended 12-9-2013 by L.L. No. 4-2013]
[Amended 12-9-2013 by L.L. No. 4-2013]
No person shall cart to, dump, or deposit garbage, recyclable materials, nonrecyclable materials, or construction debris upon any property in the Village except under the authorization, supervision and direction of the Highway Superintendent.
[Added 12-9-2013 by L.L. No. 4-2013]
Refuse containers shall be placed for collection in a visible and accessible area behind the curbline immediately adjacent to the premises. Such containers shall not be placed for collection before 5:00 p.m. and not later than 11:00 p.m. on the evening before collection. Containers shall be removed from the roadside within a reasonable time following such emptying and in no event later than 6:00 p.m. of the collection day.
[Added 12-9-2013 by L.L. No. 4-2013]
Containers shall be maintained clean and in good condition. Any container that does not conform to the provisions of this article, or that may have ragged or sharp edges or any other defect liable to hamper or injure the persons collecting the contents thereof, must be promptly replaced by a proper receptacle upon receipt of notice to that effect from the Highway Superintendent, and if not so replaced within 10 days after the receipt of such notice, such nonconforming or defective container may be collected and disposed of as waste.
[Added 12-9-2013 by L.L. No. 4-2013]
It shall be unlawful for a person to collect from a resident and dispose of solid waste which consists of recyclables combined with other forms of solid waste.
[Added 12-9-2013 by L.L. No. 4-2013]
From the time any person places any recyclable materials at or near any curb, sidewalk or street for purposes of collection, those recyclable materials shall become the property of the Village or its authorized agent. No person who is not acting under authority of the Village, county, or their authorized agents shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed for collection, and each such unauthorized collection, pickup or removal shall constitute a separate violation of this article. However, where the Department or county has refused to collect certain recyclable materials because they have not been 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 in accord with the provisions of this article.