[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]
A.
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.
B.
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.
C.
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.
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.
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 waste or combination of 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
of or otherwise managed.
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.
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.
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.
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:
A.
All garbage, trash, ashes and refuse shall be placed in designated
bags and shall not exceed 50 pounds in weight.
B.
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.
C.
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.
D.
Collection by the contractor designated by the Board of Trustees
shall begin not earlier than the time specified in the contract.
E.
No private collections shall commence prior to 6:00 a.m., including
dumpsters, no later than 5:00 p.m.
F.
All containers shall be removed from the curb area on the day of
collection.
A.
Garbage, rubbish, ashes and recyclables will be collected on the
days and at the times established by the Village Board.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
Use prohibited. No person shall, except as herein provided:
B.
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.
C.
Presumption.
(1)
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.
(2)
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.
D.
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.
A.
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.
B.
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.
A.
The Village of Whitesboro or its authorized collection agent shall
collect recyclable material which the Authority has designated as
recyclable.
B.
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.
C.
Recyclables must be placed in a clear transparent plastic bag not
exceeding 50 pounds in weight nor 40 gallons in capacity.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
Brush and similar loose objects shall be tied in bundles.
A.
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.
B.
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.
Amendments to this article may be made by resolution of the
Village Board.
[Added 12-11-2017 by L.L. No. 1-2017]
Collection of fees for the enforcement of §§ 234-12, 234-13, 234-14, 234-15, 234-16, 234-17, inclusively, for work done by the Village. In the event that an owner of a property fails to comply with the requirements and/or provisions of any one or more of §§ 234-12, 234-13, 234-14, 234-15, 234-16, or 124-17 of the Village Code, the work may be done under the supervision of the Public Works Supervisor and any expenses thereof shall be assessed and mailed to the owner of such property by first-class mail at the mailing address maintained by the Assessor of the Town of Whitestown. If such bill is not paid within 30 days, the Village Clerk shall report to the Village Board of Trustees. The Village Board shall have the power to add the unpaid bill to the next Village tax bill to constitute a lien and shall be collected in the same manner and the same time as the annual Village tax.
[Adopted 9-27-2004 by L.L. No. 3-2004]
As used in this article, the following terms shall have the
meanings indicated:
Any container, including, but not limited to, cans, bags,
or dumpsters used for the purpose of disposal of unwanted waste or
recyclables.
A.
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.
B.
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.
