[HISTORY: Adopted by the Board of Trustees
of the Village of Newark Valley as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-5-1988 by L.L. No. 2-1988]
Pursuant to the authority granted by the Municipal
Home Rule Law § 10, Subdivision 1(ii), there are hereby
established and imposed unit tipping fees to pay the cost of disposal
of garbage and refuse from properties within the Village of Newark
Valley, New York.
As used in this article, the following terms
shall have the meanings defined herein:
Includes any cylindrical, light-gauge steel, plastic, reinforced
paper or galvanized receptacle closed at one end and open at the other,
furnished with a top or lid, with two handles and of not more than
32 gallons' capacity and not weighing more than 50 pounds when
full.
[Amended 1-13-2015 by L.L. No. 1-2015]
Lumber, concrete, pipe, roofing, brick, masonry and any other
materials from buildings and other structures.
An area containing no obstruction within four feet of the
side or edging of the street (public or private) in front of the respective
service unit, but not the paved portion thereof.
All waste and accumulation of animal, fruit or vegetable
matter that attends or results from the preparation, use, handling,
cooking, serving or storing of meats, fish, fowl, fruit, vegetable
matter or any matter whatsoever which is subject to decay, putrefaction
and the generation of noxious and offensive gases or odors or which
may serve as breeding or feeding material for flies and/or other germ-carrying
insects.
Wastes that are hazardous by reason of their pathological,
flammable, explosive, radiological or toxic characteristics. These
wastes are defined more particularly by 6 NYCRR 371, the applicable
provisions of which regulation are incorporated herein by reference.
Includes refuse normally generated by daily residential activity,
including food wastes and trash placed in approved containers. "Household
garbage" shall not include construction and demolition wastes, yard
waste, bulky trash items, commercial, office or industrial waste or
hazardous materials, as herein defined.
Includes combustibles, such as paper and wood, and noncombustibles,
such as metal and glass, generated by residential activity. "Household
trash" does not include discarded household items, such as furniture
and appliances, or construction and demolition wastes.
All putrescible and nonputrescible refuse wastes, except
body waste, including any waste referred to as "garbage," "rubbish"
and "household trash."
A unit of measurement for the imposition of garbage and refuse
disposal tipping fees upon properties situated within the Village
of Newark Valley.
Includes bulky materials, such as cardboard or other wastes,
that cannot be stored in approved containers and cannot be picked
up by Village of Newark Valley collection vehicles.
Includes combustibles, such as paper, wood, etc., and noncombustibles,
such as metal, glass, stone, dirt, etc. "Trash" also includes miscellaneous
discarded household items, such as furniture, appliances, etc.
The cost assessed to a service unit for the collection of
refuse.
The Village of Newark Valley, a municipality of the State
of New York, or the responsible officials thereof.
Includes all grass, brush, shrubbery and tree trimmings,
as well as leaves, branches and other plant matter.
[Added 6-14-2011 by L.L. No. 1-2011[1]]
Each person who wishes collection services shall subscribe to
the same with the Village.
[Added 6-14-2011 by L.L. No. 1-2011[1]]
A.
Collection of garbage, household garbage, household trash and refuse
from service units shall be in approved containers placed at the curb.
B.
The Village shall not collect construction and demolition waste,
hazardous materials or yard waste as part of a regular weekly collection.
C.
The Village, upon prior request to the Village, may collect, at a
fee per dumpster to be established by the Village Board, special materials
and trash.
D.
By resolution, the Village may also use a dumpster under such terms and conditions and at such costs as determined by the Village Board from time to time by resolution, which such resolution shall be kept on file in the Village Clerk-Treasurer's office. The fees for the use of a dumpster shall not be subject to the unit charges of § 135-5B below, The fees generated by dumpster use shall be paid in advance.
[Added 6-14-2011 by L.L. No. 1-2011[1]]
A.
The amount of unit charges shall be adopted by the Village Board
annually or at other times as such is made necessary by increased
costs billed to the Village by the Tioga County Solid Waste District
and/or increased costs of operation incurred by the Village of Newark
Valley to perform the services set forth in this article. Hereafter,
determination of unit charges shall be made by resolution and filed
with the Village Clerk-Treasurer at the same time and in the same
manner as other charges.
B.
Formula for determining unit charges. The unit charges for service
units shall be based upon the following formula:
(1)
For each individual household living service unit (one collection
per week; two approved containers per collection): one unit charge
per quarter.
(2)
Commercial service units.
(a)
For each commercial service unit (one collection per week; two
approved containers per collection): one unit charge per quarter.
(b)
Additional collections per week may be requested from the Village
at the unit charge.
(c)
Upon written notice prior to a service quarterly billing, a
service unit may elect not to have the service, and the Village shall
make no charge.
(3)
For all other service units (one collection per week; two approved
containers per collection): one service charge per quarter.
C.
The specific amounts shall be as set from time to time by resolution
of the Board of Trustees.
D.
Collection of said unit charges shall be included on Village bills
with the following rules for collection of said bills:
(1)
The tipping fees hereinbefore established and adopted shall be included
as the total amount due in said billing and issued to the owners of
the service unit to which the services included in said billing have
been rendered.
(2)
Billing shall be quarterly at least 30 days in advance for the next
quarterly period.
E.
Tags. To obtain collection of material in excess of the allotted
amount for each property, tags can be purchased from the Village.
(1)
Tags may be purchased for excess garbage or for items that will not
fit into a can only. The Department of Public Works will determine
how many tags are needed based upon the charges as adopted by the
Board of Trustees from time to time.
(2)
Tags will not be used in lieu of garbage service.
(3)
The property or person must already be in a service unit in order
to purchase tags.
(4)
The volume/weight attributable to each tag and the cost of each type
of tag shall be set by the Village Board by resolution and shall be
kept on file in the Village Clerk-Treasurer's office.
F.
Charges. All amounts are due within 30 days of being billed. In the
event that bills are unpaid for 30 days, there will be a charge of
10% and an additional 2% monthly thereafter.
(1)
In the event that the person subscribing for the service is a tenant,
the total bill must be paid prior to the commencement of the next
quarter; otherwise service will be terminated.
[Added 6-14-2011 by L.L. No. 1-2011[1]]
Unit charges and dumpster use fees shall constitute a lien upon
the real property of the service unit on the first day of March in
each year. Penalties and interest for unit charges and dumpster use
fees in arrears shall be imposed and collected in the same amounts
and in the same manner as they are imposed on other Village taxes
and assessments.
[1]
Editor's Note: Former § 135-6, Proration of
charges, as amended, was deleted 4-11-2006 by L.L. No. 1-2006.
Any person aggrieved by the amount of the unit
charges assessed against his property may file a complaint with the
Village Board for review and determination by the Village Board.
[Amended 10-3-1994 by L.L. No. 1-1994]
In addition to any other fees or penalties provided
for in this article, a violation of this article shall be deemed an
offense and shall be punishable by a mandatory fine of not more than
$250, up to 15 days' imprisonment, or both.
[Adopted 10-3-1994 by L.L. No. 1-1994]
No person shall throw, place, deposit or dump
or suffer or permit any servant, agent, employee or person in his
or her charge to throw, place, deposit or dump any ashes, garbage,
tin cans, automobiles, automobile parts, bottles, dead animals, grass,
flammable materials, junk, leaves, lumber, metal, plastic, putrescible
substances, waste, wastepaper or refuse matter of any kind on the
surface of any street, public grounds or private property in the Village
for the purpose of abandonment or otherwise.
The provisions of § 135-9 hereof shall not be deemed to prohibit a private property owner from making and retaining a compost heap on his property for normal gardening purposes or from mulching areas of his property in accordance with customary gardening practice.
A.
Policy; objectives.
(1)
In the interest of the public health, safety and general
welfare of its residents, the Board of Trustees has deemed it necessary
to regulate the collection and disposal of solid waste in the Village.
In furtherance of this policy, the Board of Trustees deems it reasonable
and proper to exercise the appropriate degree of municipal supervision
and control over the collection and disposal of solid waste generated
in order to prevent danger to public health and injury to public welfare.
(2)
The objective of this section is to promulgate regulations
and standards applicable to the collection and disposal of solid waste
generated and collected from Village residents as shall be deemed
necessary by the Board of Trustees to carry out the provisions of
this section for the benefit of the public good.
B.
COLLECTION VEHICLE
GARBAGE
OPERATE
PROHIBITED MATERIALS
RUBBISH
SOLID WASTE
TRASH
Definitions. For the purposes of this section, the
following definitions shall apply:
A vehicle designed, built and used for the purpose of collecting
solid waste.
Includes putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food and
other household wastes, excluding recyclables.
To pick up, collect, load or otherwise perform the collection
of solid waste or the supervision or direction of such activities.
Includes solid or liquid waste resulting from industrial
processes and manufacturing operations, such as, but not limited to,
food processing waste; waste oil or grease or automobile parts; volatile
or explosive materials, such as gasoline, benzine, kerosene, turpentine,
cartridges, shells, ammunition or gunpowder; and such other material
as may be designated by resolution of the Board of Trustees.[1]
Includes nonputrescible solid wastes (excluding ashes), such
as leaves, grass, plant clippings, weeds, branches, limbs, metal,
wood, glass, bedding, crockery and similar materials, and such other
materials as may be designated by resolution of the Board of Trustees.
Includes all material classified as garbage, rubbish and
trash, as defined herein, excluding prohibited materials.
Includes such bulk articles as appliances, furniture, bedsprings,
mattresses and building materials.
C.
Collection vehicles.
(1)
It shall be unlawful to dispose of any solid waste
within the Village at any location other than that so designated by
the Board of Trustees.
(2)
Collection vehicles shall operate only between the
hours of 6:00 a.m. and 5:00 p.m.
(3)
No collection shall be made on Sundays or the following
holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving Day and Christmas Day.
(4)
The cargo portion of collection vehicles shall be
completely enclosed and watertight.
(5)
Collection vehicles which do not transport garbage
to a refuse facility may be of an open-refuse-type, provided that
such vehicle is fitted with suitable canvas or other cover to prohibit
any material from being discharged while the vehicle is in transit.
(6)
Collections are to be made in such manner as not to
permit solid waste to fall upon property, public or private, or upon
any highway within the Village.
(7)
All accessory doors, including the main loading door,
shall be closed in travel on public highways unless the vehicle is
engaged in servicing customers on said highway.
(8)
Collection vehicles shall be kept clean and sanitary,
both inside and out.
D.
Effective August 1, 1992, except as set forth in Subsection D(3) herein:
(1)
Loose, nonrecyclable solid waste shall be deposited
in secure containers with lids. In the event that the nonrecyclable
waste is first put into a paper bag and then into the secure container,
the paper bag shall be left open at the top so that the contents are
visible when dumped by the hauler.
(2)
Where plastic bags are used for nonrecyclable solid
waste for placement either in a secure container or at curbside, the
bags shall be clear or translucent, and the solid waste deposited
in the same shall be done in such manner so that the bag's contents
are clearly visible, to determine that recyclables or other prohibited
materials are not contained therein.
(3)
Nonrecyclable solid waste mechanically compacted in
a household trash compactor may continue to be disposed of in bags
commercially manufactured for such compactors until such time as clear
or translucent plastic bags are manufactured and available.
E.
Dumpster use. The Village may provide a dumpster for
use by property owners in the Village. However, the dumpster shall
not be used for disposal of the following materials: liquid, tires,
recyclables, brush and/or leaves, appliances, shingles and/or tar
paper, glass of any kind, metals, batteries, concrete or stone, propane
cylinders, or hazardous or toxic waste materials.
[Added 6-14-2005 by L.L. No. 1-2005[2]]
F.
Penalties for offenses. Any person who violates or
fails to comply with this section shall commit a violation as defined
in the New York State Penal Law, which shall be punishable in Town
Justice Court by a fine of up to $250, up to 15 days' imprisonment,
or both, for each such violation.
A.
Purpose. It shall be the purpose of this section to
establish standards and to encourage maximum recycling practices on
the part of each and every household, business, institution and governmental
entity within the Village of Newark Valley. It shall further be the
purpose to establish, implement and regulate the separation and disposal
of recyclable materials in accordance with and pursuant to Tioga County's
Recycling and Source Separation Law, as currently enacted and as hereafter
amended.
B.
COMMINGLED
NONRECYCLABLE MATERIALS
PROHIBITED MATERIALS
RECYCLABLE CONTAINER
RECYCLABLE MATERIALS or RECYCLABLES
RECYCLER
RULES AND REGULATIONS
TIOGA COUNTY SOLID WASTE COMMISSION
Definitions. For the purpose of this section, the
following definitions shall apply:
Source-separated, nonputrescible, noncontaminated recyclable
materials that have been placed in the same container.
All other solid waste generated by the Village other than
prohibited materials.
Materials that contain hazardous or toxic substances or are
not suitable for residential disposal and which will not be collected
or permitted to be placed in recyclable containers as set forth in
the rules and regulations.
The bin or other container supplied by Tioga County or its
designee for use by recyclers within the county. Such containers shall
be used exclusively for the storage of recyclable materials. Such
containers shall, at all times, remain the property of Tioga County
or its designee.
Any discarded solid waste material which may be reclaimed
and is in the form of paper, glass, metals and plastics, as well as
specific types of recyclable materials as shall be designated by the
Tioga County Solid Waste Commission, including but not limited to
the following: corrugated cardboard, glass, metal and aluminum cans,
newspaper, tires, white goods, office paper, magazines and other recyclables
as designated by resolution of the Tioga County Legislature.
Those who deal with recyclable materials as collectors, separators,
processors and marketers.
Rules and regulations which are duly adopted by the Tioga
County Solid Waste Commission and/or the Tioga County Legislature.
The Commission established by Tioga County under the provisions
of Article 5-A of the County Law of the State of New York or, in the
event of its dissolution, the Tioga County Legislature.
C.
General provisions.
(1)
Separation required. The owner, lessee or occupant
of every dwelling within the Village shall separate and dispose of
recyclables as follows:
(a)
Prior to collection, all recyclables shall be
processed and cleaned, with all contents removed, in accordance with
the rules and regulations.
(b)
Source-separated recyclable material shall not
be commingled with other solid waste during transportation, processing
or storage following collection.
(c)
All recyclable materials set out for collection by a hauler shall be placed in recyclable containers, as defined in Subsection B, or other containers and may be commingled. Once deposited in the containers, all recyclable material becomes the property of the county.
(d)
Recyclables to be picked up at curbside by the
hauler shall be designated by the Solid Waste Commission from time
to time. All other recyclables shall be delivered to the transfer
station.
(e)
Newsprint shall be bundled and securely tied
with a string or placed in a brown paper bag. These bundles shall
be dry.
(2)
Collection of recyclables. The schedule and applicable
procedures for the collection of recyclables by independent carters
shall be provided, in writing, to each property owner in the Village
who is serviced by said carter. Each property owner shall be responsible
to comply with said schedule and procedures.
(3)
Unlawful activities. Any property owner upon whose
land solid waste is left for collection or storage in such a manner
as to be in violation of this article shall be deemed and presumed
to be the person who shall have placed or deposited such solid waste
on the property.
(4)
Penalties for offenses.
(a)
Any person found to violate any provision of
this article or rules and regulations promulgated hereunder shall
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250, not more than 15
days' imprisonment, or both such fine and imprisonment. Each day that
such violation exists shall constitute a separate offense.
(b)
The Board of Trustees is further authorized,
upon written notice mailed to the property owner at the owner's last
known address as shown in the Village records, to direct the removal
of solid waste in violation of this article. The cost of said removal,
together with interest, shall become a special assessment on the property
where the material is removed, collectible with the next tax bill
due. This remedy is in addition to all other remedies available to
the Village to remedy the violation.
