[HISTORY: Adopted by the Board of Trustees of the Village
of Hilton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 95.
[Adopted 11-4-1991 by L.L. No. 5-1991; amended 10-20-1997 by L.L. No.
2-1992]
In order to protect and promote the health, safety and welfare
of the people of the Village of Hilton, the 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.
For the purpose of this article, the following terms shall have
the meanings ascribed to them in this section unless different meanings
are clearly indicated by the context:
The Village Administrator of the Village of Hilton, or his/her
designee.
The residue of the combustion of solid fuels.
Any tree trimmings.
Any and all refuse or residue resulting directly from building
construction, reconstruction, repair or demolition; from grading,
shrubs or other incidental work in connection with any premises; or
from replacement of building equipment or appliances; which work is
performed by the owner or resident.
Discarded household furniture, bedding and mattresses, large
appliances, lumber and other bulk household material not specifically
prohibited by this article, which is too large or too heavy to place
in standard refuse containers.
That item sold by the Village for affixing to bulk items.
Refuse originated by a commercial user.
A tax parcel of land which is improved for a use other than
a residential or multiresidential user.
[Amended by L.L. No. 5-1997]
Waste resulting from the operations of persons, commercial
firms or corporations engaging in the construction, reconstruction,
demolition, excavation or repair of buildings, property or streets.
The edge of the street.
Animals that have died naturally or have been accidentally
killed.
The Department of Public Works of the Village of Hilton.
A large metal container suitable for the storage and collection
of commercial refuse or for the storage and collection of bulk refuse
as determined by the Village.
A solid waste, or combination of solid wastes, which because
of its quantity, concentration, or physical, chemical, or infectious
characteristics, may:
Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible
illness; or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
or otherwise managed.
Any and all residue resulting directly from industrial or
manufacturing operations. It shall not include refuse originating
from office operations of an industrial establishment, nor shall it
include refuse resulting from the commercial operations of persons,
firms or corporations engaged in the construction of buildings, the
repairing of streets and buildings, demolition or excavation.
Includes, but is not limited to, human and animal; surgical
wastes, blood and blood product wastes, human tissue or parts, biological
waste products, and laboratory wastes which have come in contact with
pathogenic organisms generated by organizations such as medical institutions,
biological research organizations, laboratories, and hospitals.
Refuse originated by a multiresidential user.
A single tax parcel of land which is improved by at least
two single-family units but not more than 19 single-family units.
[Amended by L. L. No. 5-1997]
An owner occupying premises which he or she owns or controls
or a tenant or renter of such premises.
The owner of premises within the Village or another person
who has agreed to be owner's agent for purposes of fulfilling
the owner's obligations under this article.
A building or group of buildings constituting a single property
and the lot or parcel of land on which such building or buildings
are located.
Designated materials in the refuse stream that are properly
prepared and contained, including, but not limited to, clear glass,
metal cans, white goods (e.g., refrigerators, stoves, washers, dryers)
and newspaper print. The Administrator is authorized to add to or
delete items from this list.
The organized effort that removes designated materials that
have a post consumer use from the refuse stream.
A Monroe County Department of Solid Waste container in which
to place recyclables for Village collection.
All rejected or discarded putrescible or nonputrescible solid
materials, including garbage, recyclables, rubbish, ashes, but not
including body wastes, hazardous waste, industrial waste or infectious
waste.
Refuse originating in and around residential premises.
A single tax parcel of land which is improved by one single-family
unit.
[Amended by L.L. No. 5-1997]
The uncontrolled removal of materials at any point in waste
management.
In the absence of a sidewalk, the point approximately five
feet from the curb.
A container for the storage of refuse which shall be of plastic
material or galvanized iron, shall be of substantial construction,
with top, and shall be marked for identification by the owner, by
name or street number. It shall have a capacity of not less than 18
gallons nor more than 32 gallons. Containers manufactured of material
other than 16 gauge galvanized iron, or plastic, but which otherwise
meet the foregoing specifications, will be accepted for collection;
however, the Village shall assume no liability for any damages to
said containers resulting from handling during collection. Plastic
bags of substantial caliber, preferably four mil, may be used. Cardboard
boxes, paper barrels or paper bags are not suitable substitutes for
standard refuse containers. Metal bushel baskets may be used for ashes
only.
That item sold by the Village or designee for the purpose
of affixing to standard refuse containers or plastic bags.
The Department shall collect and dispose of all residential
refuse, multiresidential 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. 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.
Refuse offered for public collection shall be prepared for collection
by the owner and/or the occupant of a premises as hereinafter provided.
A.
Residential users. All residential refuse shall be deposited promptly
in a standard refuse container with a top, and the container must
not be filled over its level of capacity. Properly prepared refuse
will be collected from between the sidewalk and the curb, in front
of the residence where the refuse originated. No refuse, including
recyclables, shall be placed between the sidewalk and the curb for
collection earlier than 6:00 p.m. the night before the scheduled refuse
collection day. Each standard refuse container which exceeds the number
allowed, as determined by the Village Board, shall be required to
have a standard sticker attached. Said sticker must be visible from
the street.
B.
Commercial users. All commercial refuse shall be deposited promptly
in either a standard refuse container or a dumpster, neither of which
shall be filled over its level of capacity. The Department shall determine
for each user whether a standard refuse container or a dumpster is
required. If standard refuse containers are used, each standard refuse
container which exceeds the number allowed as determined by the Village
Board shall be required to have a standard sticker attached. This
sticker must be clearly visible.
[Amended by L.L. No. 5-1997]
C.
Multiresidential users. All multiresidential refuse shall be deposited
promptly in either a standard refuse container or a dumpster, neither
of which shall be filled over its level of capacity. The Department
shall determine for each user whether a standard refuse container
or a dumpster is required. If standard refuse containers are used,
each standard refuse container which exceeds the number allowed as
determined by the Village Board shall be required to have a standard
sticker attached. This sticker must be clearly visible.
[Amended by L.L. No. 5-1997]
D.
Recyclables. The Administrator may require that certain materials
be prepared for collection separately from other refuse. Recyclables
shall be placed between the sidewalk and the curb in front of the
premises where such recyclables originated. Such recyclables shall
include, but not be limited to, rinsed clear glass and metal cans
and newspaper print, which shall be collected in County-issued recycling
containers, and white goods. Materials placed in the recycling container
improperly prepared, and materials deemed not recyclable, will be
considered in violation of this article, and subject to a notice and
order. All freezer and refrigerator doors shall be removed before
such items are placed for collection.
E.
Ashes. Ashes shall be allowed to cool and shall then be deposited
in a separate refuse container and must be placed approximately four
feet from the street in front of the premises where such ashes originated.
F.
Bulk refuse. All bulk items to be discarded shall require a bulk
sticker to be attached and said sticker must be visible from the street.
Charges for the disposal of bulk refuse shall be established by resolution
of the Village Board.
G.
Building refuse. Building refuse resulting from minor repairs that
can be properly placed in a standard refuse container shall be placed
in a standard refuse container and shall be collected in the same
manner as residential refuse. Building refuse resulting from major
repair or remodeling, done by the owner of the property, that is too
large or too heavy to be properly placed in standard refuse containers,
shall be placed in a dumpster provided by the Village at the request
of the owner.
H.
Construction waste. It shall be the responsibility of the contractor
to make arrangements for the proper and legal collection and disposal
of waste generated during construction process and such waste shall
not be collected by the Village.
I.
Lawn cuttings. Grass clippings will not be accepted for disposal.
J.
Leaves. Leaves may be left in loose piles between the sidewalk and
the curb for collection by the Village between October 1 and November
30 of each year only.
K.
Brush. Brush will not be picked up with the regular household refuse.
A separate schedule for the collection of brush will be established
each year by the Department of Public Works. It shall be the responsibility
of the owner and/or resident to place the brush between the sidewalk
and curb for collection. Brush must be placed with the all large ends
facing the same direction and with the flow of traffic.
L.
Concrete, dirt, bricks, and stones shall require special arrangements
with the Village prior to pickup.
A.
Each residential user, multiresidential user and commercial user
from which refuse is collected by the Department shall provide standard
refuse containers or dumpster sufficient in number to hold all refuse
accumulating between scheduled collections by the Department.
B.
Standard refuse containers or dumpster which have holes through the
sides or bottom or are bent, dented or damaged to the extent that
they are not water- or flytight or vermin-resistant shall not be used
for storing refuse. Containers shall be maintained at all times in
a clean and sanitary condition.
C.
Containers declared unfit or useless shall be replaced by the user
with new standard refuse containers or dumpster as herein defined.
D.
The use of disposable plastic bags which are waterproof, strong and
securely tied, may be used for most residential refuse. However, refuse,
glass, and other objects that could cause injury shall not be placed
in plastic bags and shall be placed in either metal or plastic containers
for collection. The total weight of objects placed in plastic bags
shall not exceed 25 pounds. The Administrator is authorized to revoke
the use of plastic bags where safety and health conditions warrant.
E.
Recycling containers owned by the County of Monroe shall remain at
the premises and shall be used for the sole purpose of holding goods
to be recycled.
No refuse shall be placed or stored on any premises within the
Village except as permitted by this article. Refuse shall be stored
in standard refuse containers or dumpster, which shall be placed by
the owner or occupant of the premises where such refuse originated
at the rear or side yard of the main building on such premises. 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 street,
sidewalk or gutters or in any public place except as directed herein
or by the Administrator.
Standard refuse containers and recycling containers will be
placed for collection by the owner or occupant of the premises where
such refuse originated between the sidewalk and curb.
A.
The Department shall collect residential, multiresidential and commercial
refuse, and recyclables as defined by this article once each week.
All other collections will be made at a frequency determined by the
Administrator to be necessary, consistent with the public health.
User fees shall be charged consistent with the frequency of collection.
B.
Commercial users and multiresidential users which elect to be served
exclusively by private refuse collectors or commercial users and multiresidential
users which have had public collection service discontinued because
of nonpayment of commercial or multiresidential user fees shall provide
standard refuse containers or dumpster sufficient in number to hold
all refuse accumulating between scheduled refuse collections and shall
not allow refuse to be stored or to accumulate on their property.
Any substantial accumulation of refuse or wastes is hereby declared
to be a sanitary health hazard and a public nuisance. Such commercial
users and multiresidential users must establish to the satisfaction
of the Administrator that other refuse collection arrangements have
been made and that refuse collection is being made at the frequency
determined by the Administrator to be consistent with public health
requirements. The Administrator shall have the authority to abate
any sanitary health hazard or public nuisance and to impose the fees,
charges and penalties of this article for such abatement.
C.
Commercial users which produce industrial waste must be serviced
exclusively by private refuse collectors unless the owner establishes
to the Administrator's satisfaction that such exclusive service
is impracticable and that the user will not offer any such industrial
waste for Village collection, in which case the Village will collect
nonindustrial waste refuse.
Garbage disposal discharging macerated garbage into the sanitary
sewer system of the Village may be installed, provided that there
is an adequate water supply available in the building, the sewer is
of adequate capacity and the installation otherwise meets the provisions
of the New York State Uniform Fire Prevention and Building Code.[1]
Dead animals will not be picked up for disposal by the Village.
The user fees for collection of refuse placed for collection
will be established from time to time by resolution of the Village
Board.
Any person aggrieved by a decision or regulation of the 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.
Unpaid user fees for collection of refuse shall be the personal
liability of the property owner and shall be a lien upon the real
property for which refuse is collected.
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,
or in any bulk refuse which has been placed at the curb by the owner
or occupant for collection by the Department.
Litter containers placed outside for public use are to be used
for 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 establishment's is prohibited.
No person shall place or cause to be placed, any refuse for
the purpose of disposal on any premises unless they are the owner
or occupant of said premises.
The Administrator shall have the authority to abate any sanitary
health hazard, or public nuisance and charge the property owner the
cost of the abatement.
Failure to comply with the provisions of 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.
The provisions of this article shall be effective on February
3, 1992.
[The Monroe County Solid Waste Reuse and Recycling Law is in
effect for the Village of Hilton.]
