[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-29-1991 by L.L. No. 3-1991]
The collection and disposal of garbage, trash and recyclables is of serious concern to the inhabitants of the Village of Whitesboro and the methods of collection and disposal thereof in a manner consistent with state and county requirements has resulted in ever-increasing costs.
The intent of this article is to provide the most economical and just method for the disposal of garbage, trash and recyclables within the Village of Whitesboro and to safeguard the public health, safety and general welfare.
This article supersedes and replaces Local Law No. 3-1979.
Whenever used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following words shall have the respective meanings hereinafter set forth:
- All substances or material which remains after combustion.
- The Oneida-Herkimer Solid Waste Management Authority.
- AUTHORIZED AGENT
- A person who has agreed, in writing, to issue distinctively labeled garbage bags on behalf of the Village and to pay the necessary fees thereof.
- DESIGNATED BAG
- A plastic bag of such size and design as shall be determined by the Board of Trustees, containing a distinctive label and to be used for the collection and disposal of garbage and trash in the Village of Whitesboro.
- All organic waste material, both animal and vegetable.
- A. A waste or combination of wastes which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
- (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
- (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
- B. All those chemical, wastes, oils and/or all those articles or materials listed under Chapter 27-0903 of the Environmental Conservation Law as drawn up by the Commissioner.
- HEAVY TRASH
- Large discarded items that do not fit in a designated bag, such as, but not limited to: sofas, stoves, refrigerators, water tanks and similar objects and material.
- A disposal facility or part of a facility where solid waste is placed in or on land and which is not a land treatment facility, a surface impoundment or an injection well.
- Wastepaper, cardboard, and cardboard boxes and containers.
- An individual, trust, firm, joint-stock company, corporation, partnership, association or any interstate body.
- PERSON IN CHARGE
- A natural person, association, partnership, firm or corporation that occupies, manages, uses or controls premises.
- Items which have been designated by the Oneida-Herkimer Solid Waste Authority as being reusable and designated not to be landfilled by the Authority.
- All other waste material not otherwise specifically defined.
- The containment of waste, garbage or refuse for a period of over 60 days in such a manner as not to constitute disposal of such waste.
- All discarded material not suitable for further use.
- Any garbage, refuse, trash, sludge and all other waste material not otherwise specifically defined.
- WHITE GOODS
- Washing machines, clothes dryers, refrigerators, freezers, hot water tanks and all other similar types of materials that are of recyclable value.
No person shall dispose of garbage, rubbish, ashes or recyclables except pursuant to the following regulations:
All garbage, trash, ashes and refuse shall be placed in designated bags and shall not exceed 50 pounds in weight.
Recyclable materials, as designated by Authority, shall be separated in accordance with Authority regulations and be placed in clear, transparent plastic bags not exceeding 50 pounds in weight nor 40 gallons in capacity.
All bags and containers for both garbage and recyclables shall be placed alongside the curb not earlier than 4:00 p.m. Eastern standard time during the winter and 6:00 p.m. daylight savings time in the summer, the afternoon prior to the scheduled pickup.
Collection by the contractor designated by the Board of Trustees shall begin not earlier than the time specified in the contract.
No private collections shall commence prior to 6:00 a.m., including dumpsters, no later than 5:00 p.m.
All containers shall be removed from the curb area on the day of collection.
Garbage, rubbish, ashes and recyclables will be collected on the days and at the times established by the Village Board.
Heavy trash items will be collected upon request to the collector and will only be removed after a specifically designated "heavy trash" label has been purchased from the Village Clerk and affixed to the item.
All garbage, refuse, paper, trash and ashes of this Village shall be collected and removed by Village employees or by a responsible person under contract with the Village and shall be disposed of after such collection without the limits of the Village or otherwise disposed of as may be provided for by the Board of Trustees. No garbage, refuse, paper, trash or ashes shall be collected or conveyed over the streets, alleys, lanes and thoroughfares of this Village by any other persons; provided, however, that this chapter shall not prevent a business, school or apartment building owner or manager from contracting with a private garbage collector for the removal of garbage, refuse, paper, trash and ashes, but such removal must be made with the same care as that required by the Village employees.
All businesses, schools, and apartment buildings, etc., using a private garbage contractor for removal of garbage, refuse, paper, trash or ashes shall also be responsible for the collection of all recyclables.
Garbage, trash or recyclables originating outside the Village. No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the Village any garbage, refuse, paper, trash, recyclables, hazardous waste and/or material or ashes originating outside the Village for the purpose of disposing of the same in the Village or for the purpose of having the same collected by the Village or its agents or contractors.
Permitting disposal of garbage, trash or recyclables from outside the Village. No person who is a resident of the Village or owner, lessee or person in control of real property within the Village shall permit any person to bring in, place or deposit garbage, refuse, trash, recyclables, paper, hazardous waste and/or material or ashes originating outside the Village on any real property owned or leased by him or her under his or her control.
No person will dispose of garbage originating within the Village except in front of the person's property where he or she resides and shall not dispose of any garbage, refuse, trash, or recyclables on neighbors' property, Village property or in any public receptacle.
The Board of Trustees shall designate authorized agents to distribute the designated bags on behalf of the Village. The number of authorized agents shall be determined by the Board of Trustees to adequately meet demand.
Such authorized agent shall pay to the Village the designated collection fee established by the Village for each designated bag upon receipt for the same, may add thereto a service charge not to exceed $0.05 per bag, and shall also be responsible for the collection and payment of the state and local sales tax applicable thereto.
Use prohibited. No person shall, except as herein provided:
Violations. If any person shall place out or permit to allow the placing out of garbage or trash in an unauthorized designated bag, the Village, for sanitary and aesthetic reasons, may pick up the unauthorized designated bags. The charge to the owner, occupant or person in charge shall be equal to 10 times the designated large bag charge or as otherwise determined by resolution of the Board of Trustees to compensate the Village for special handling. In addition, any person in violation shall be subject to the penalties prescribed herein.
In case of single-family or two-family residences, it shall be presumed that the occupant or person in charge is responsible for the placement of such unauthorized designated bags. The owner shall, however, be ultimately responsible for any unpaid special handling fees.
In case of multiple-family residences, commercial or industrial properties, it shall be presumed that the owner or person in charge is responsible for the placement of such unauthorized designated bags.
Collection of special handling fee. The Village Clerk's office shall bill by ordinary mail the person responsible for payment of the special handling fee as soon as practicable. If such fee is not paid within 30 days after billing, the Village Clerk's office shall notify the Board of Trustees, which shall have the power to add the unpaid bill to the annual Village tax, and the same shall constitute a lien and shall be collected in the same manner and at the same time as regular Village taxes.
The Board of Trustees shall establish, by resolution, the collection fees for the collection and disposal of garbage, trash, recyclables and other discarded material. The purpose of such fees shall be to pay for all labor costs, garbage packer bonding fees, landfill tipping fees, materials, equipment, maintenance costs, administrative, legal and all other expenses incurred by the Village in handling the collection and disposal of such items.
The Board of Trustees shall have the power to reassess the collection fees, whenever deemed necessary pursuant to the requirement of the Village Law of the State of New York.
The Village of Whitesboro or its authorized collection agent shall collect recyclable material which the Authority has designated as recyclable.
Recyclable materials do not have to be placed in a designated bag, provided that they are prepared and cleaned according to the Authority's specifications.
Recyclables must be placed in a clear transparent plastic bag not exceeding 50 pounds in weight nor 40 gallons in capacity.
The Village Board shall have the right to limit the amount of recyclables picked up from any one person to maintain the economic integrity of this article. Recyclables in excess of normal household generation shall require specially designated "excess recycling" labels to be affixed thereto, said label shall be purchased from the Village Clerk.
Prohibited removal of recyclable materials. From the time the recyclable materials are placed at the curb by a resident for collection, such recyclable materials shall become the property of the Village of Whitesboro or its authorized collection agent. It shall be a violation of this article for any person without authority from the Village of Whitesboro to collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials, and each such collection, picking up, or removal from one or more premises shall constitute a separate and distinct offense in violation of this article, and any person violating this article shall be subject to the penalties prescribed herein.
Heavy trash items that are too large to be placed in the designated bags may be disposed of by requesting a pick up from the Village's authorized collection agent and by purchasing a specially designated "heavy trash" label from the Village Clerk and affixing it to the item.
No hazardous wastes and/or materials, including, but not limited to, paint, tar, sealer cans, and chemicals of any kind shall be collected by the Village. It is the responsibility of the producer or user of such items to provide for their safe disposal.
Unmounted automobile and truck tires and the like shall not be collected with the garbage and trash pickup. They may be disposed of by requesting a pickup from the Village's authorized collection agent and by purchasing a specially designated "tire" label from the Village Clerk and affixing a separate label to each tire.
Leaves placed between the sidewalk and curb (not in the street) will be picked up by a leaf picker between October 1 and November 30, and any leftover leaves, twigs and weeds will be collected in the spring from April 1 through April 15. Under no circumstances are leaves to be raked in the streets, but they are to be placed between the sidewalk and the curb, piled as close to the curb as possible without falling in the streets.
No person shall place or permit to be placed other objects in the piles of leaves, such as, but not limited to, cans, bottles and stones.
Loose materials or other debris are not to be raked into the Village streets at any time since this hampers efficient street cleaning and obstructs surface water drainage.
Brush and similar loose objects shall be tied in bundles.
All buildings and parts of building, including any wood or wood debris, shall be removed by the property owner or lessor at his own expense. No such wood may be placed for collection either by the garbage contractor or by the Village of Whitesboro, NY.
Trees and tree limbs and stumps (excepting only small brush of not more than five feet in length) shall be removed by the property owner or lessor at his own expense.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, § 1-11, General penalty.
Amendments to this article may be made by resolution of the Village Board.
[Adopted 9-27-2004 by L.L. No. 3-2004]
As used in this article, the following terms shall have the meanings indicated:
- REFUSE CONTAINER
- Any container, including, but not limited to, cans, bags, or dumpsters used for the purpose of disposal of unwanted waste or recyclables.
Commercial business and multifamily (four or more units) refuse containers in all zoning districts shall be screened in a manner that is attractive and complementary to the principal use and/or structure that it serves. Such screening shall utilize six-foot enclosures, such as, but not limited to, fences, landscaping or walls so that no refuse container is visible from any public right-of-way or adjacent property, except that refuse containers which are to be emptied by the Village garbage hauler may be put out on the curb after 6:00 p.m. on the day prior to the scheduled collection.
Refuse containers are required to have lids/tops which shall be closed at all times, except when waste/or recyclables are being put into or taken out of the refuse containers.
The Codes Enforcement Officer is responsible for the enforcement of the provisions of this article.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute a separate violation each day the offense is continued.
This article will take effect on October 1, 2005.