This Section 9-1 shall be known as the "Solid Waste Ordinance."
The purpose of this Section 9-1 is to preserve the health, safety,
comfort and convenience of the inhabitants of the Village and to preserve,
protect and improve the environmental quality of the Village.
For the purpose of this Section 9-1, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
ASHES
The residue from burning of wood, coal, coke or other combustible
materials.
COMMERCIAL ESTABLISHMENT
All structures, other than residences, together with the
surrounding premises, in which any person produces or generates solid
waste.
FRANCHISED COLLECTOR
The person to whom the Village has granted an exclusive franchise
to collect all solid waste within the Village.
GARBAGE
Putrescent animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
HAZARDOUS WASTES
Solid waste that is deemed hazardous under federal statutes,
rules or regulations.
LANDFILL
An area of land or an excavation in which solid wastes are
placed for disposal and that employs an engineered method that minimizes
environmental hazards and meets the requirements of the New Mexico
Solid Waste Management Regulations.
PERSON
Any individual, firm, partnership, corporation, cooperative,
association or any other entity owning, operating, controlling or
inhabiting any house, residence, shop, establishment or other premises
with the corporate limits of the Village.
PREMISES
Any property within the Village corporate limits adaptable
for human occupancy and shall also mean, but not be limited to, business
places, apartment houses, offices, theaters, hotels, residences, cafes,
restaurants, eating places, tourist facilities, hospitals, schools,
vacant lots and any other places or locations within the Village limits
where solid waste accumulates.
RESIDENCE
A home, trailer, mobile home, or other freestanding structure
used or capable of use as a human habitation, together with the surrounding
premises, in which any person produces or generates solid waste; a
single-family residence may include a guesthouse and other outbuildings
on the same premises that are not continuously inhabited.
SANITATION OFFICER
The Village Clerk/Administrator or his or her designee, and
is the person responsible for the administration and enforcement of
this Section 9-1.
SOLID WASTE
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, commercial, mining and
agricultural operations and from community activities, but does not
include those items excluded as a solid waste by the Solid Waste Management
Regulations adopted by the Environmental Improvement Board of the
State of New Mexico.
SPECIAL WASTES
Types of solid wastes that have unique handling, transportation
or disposal requirements to assure protection of the environment and
the public health and safety, as defined by the New Mexico Solid Waste
Management Regulations.
No person shall allow any solid waste to accumulate upon premises
or real property owned, leased or occupied by him during intervals
between collections thereof, except in the manner provided by this
Section 9-1.
Any person in possession, charge or control of any carrion or
dead animal or who owns, controls or occupies any premises upon which
the same may be located shall cause the same to be removed and disposed
of. No dead animal shall be placed in a solid waste receptacle.
It is unlawful to disturb or scatter solid waste or the contents
of a solid waste receptacle.
It is unlawful for any person to burn or bury any solid waste,
except nothing in this section shall be construed to prohibit:
A. The disposal of solid waste by the normal or usual use of a garbage
disposal unit or sanitary sewer facilities.
B. The normal use of home fireplaces.
D. Open burning of vegetative matter authorized by a permit from the
Village of Bosque Farms.
It is unlawful to throw, place or deposit waste in or upon any
street, alley, sidewalk, gutter, public thoroughfare, driveway or
any occupied or unoccupied premises within the Village, except in
those places and in the manner specified in this Section 9-1.
Solid waste shall be collected and disposed of only by the franchised
collector, except that:
A. Construction debris may be collected and hauled from the premises
involved by those engaged in construction, remodeling or demolition.
No third-party hauler may collect and haul except for the franchised
collector.
B. Tree and yard trimmings accumulated by persons engaged in the business
of gardening or landscaping may be collected and hauled from the premises
where such trimmings have accumulated.
C. The owner, occupant, or person in control of commercial establishments
may haul occasional loads of excess solid waste.
D. The owner, occupant, or person in control of a residence may haul
occasional loads of excess solid waste.
E. Clean sawdust, rotted manure for fertilizer or farm debris may be
collected and hauled by any person.
If any person shall permit any solid waste to be thrown, left, or deposited in or upon real property owned or controlled by such person, other than in proper solid waste receptacles as provided in §
9-1-5, and fails to remove the solid waste or to place it in proper solid waste receptacles within 48 hours after the solid waste is deposited, the Village Mayor or the Village Clerk may order the franchised collector to remove the solid waste from the real property and to bill the person owning or controlling the property from which the solid waste is removed the actual cost of the removal or a reasonable fee per half hour, whichever is greater. A separate assessment shall be made for each such removal.
It is unlawful to dump refuse at any place except at the designated
landfill unless specifically approved in writing by the Village.
Violation of this Section 9-1 is a petty misdemeanor unless
otherwise provided for by state or federal law, and upon conviction
thereof shall be subject to the penalty provisions set forth in the
Village ordinances regarding petty misdemeanors. Each instance this Section 9-1 is violated shall be considered
a separate offense.