[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport 3-4-2015 by L.L. No. 2-2015. Amendments noted where
applicable.]
In order to protect and promote the health, safety and welfare
of the people of the Village of Spencerport, the Superintendent of
the Department of Public Works is authorized and directed to implement
and enforce the provisions of this chapter 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 chapter 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 chapter shall
be in compliance with all state and local environmental health statutes
and regulations.
This chapter is adopted pursuant to § 10 of the Municipal
Home Rule Law of the State of New York.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section unless different meanings
are clearly indicated by the context:
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,
shrubbing 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 chapter which is too large or too heavy to place
in rolling refuse containers.
Refuse originating in and around commercial establishments,
industrial establishments and institutions or multiresidential structures.
An improved parcel of land which is designed for or occupied
by a use other than a one-, two-, or three-family residence.
Waste resulting from the commercial operations of persons,
firms or corporations engaging in the construction, reconstruction,
demolition, excavation or repair of buildings, property or streets.
The edge of the street.
The Department of Public Works of the Village of Spencerport.
A large metal container suitable for the storage and collection
of refuse by commercial users 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.
Includes, but is not limited to, human and animal wastes,
surgical wastes, blood and blood-product wastes, human tissues 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.
An improved parcel of land which is designed for or occupied
by a residential use with four or more single-family units per building
and is considered rental property, or any improved parcel of land
which is used as a group home, boardinghouse or tourist home.
An owner occupying a premises which he or she owns or controls
or a tenant or renter of such premises.
The owner of a premises within the Village or another person
who has agreed to be the owner's agent for purposes of fulfilling
the owner's obligations under this chapter.
A separately assessed lot, piece or portion of real property
which is identified by a unique Tax Map number.
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.
Materials designated by the Monroe County Department of Environmental
Services. This list is available on the Monroe County website (www.monroecounty.gov)
and on the Village's website and is also available at the Village
Hall.
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 ("blue
box") in which to place recyclables for Village collection, or a suitable
container, clearly marked for recyclables only, which shall have a
capacity of not less than 18 gallons nor more than 32 gallons. Cardboard
boxes, paper barrels or paper bags are not suitable substitutes for
recycling containers.
All rejected or discarded putrescible or nonputrescible solid
materials, including garbage, recyclables, rubbish and ashes, but
not including body wastes, hazardous waste, industrial waste or infectious
waste.
A ninety-five-gallon rolling container purchased from the
Village of Spencerport. For pickup, these containers must weigh 150
pounds or less.
Refuse originating in and around a residential premises.
An improved parcel of land which is designed for or occupied
by a residential use with one, two or three single-family units and
includes privately owned/rented condominium units.
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.
That item sold by the Village for the purpose of affixing
to non-rolling refuse containers or plastic bags.
The Superintendent of the Department of Public Works of the
Village of Spencerport or his/her designee. Should there not be a
Superintendent of the Department of Public Works, the Village Board
shall, by resolution, designate a person to assume the Superintendent
of the Department of Public Work's duties and authority under
this chapter.
Charges for recycling and charges for residential, commercial
and multiresidential refuse collection, which shall include, but not
be limited to, standard stickers, per-pound collection/disposal rate
as relates to commercial and multiresidential users, certain bulk
items, dumpster rental and Village truck rental.
A.
The Department shall collect and dispose of all residential refuse
and commercial refuse as further limited by this chapter, 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 chapter. The Department
shall not collect industrial, infectious or hazardous waste.
B.
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 collection by the Department shall be prepared
for collection by the owner and/or the occupant of a premises as hereinafter
provided.
A.
Residential users.
(1)
All residential refuse for pickup shall be deposited in rolling refuse
containers not weighing more than 150 pounds. The container must not
be filled over its level of capacity. Any additional containers shall
have the standard sticker attached. Said sticker must be visible from
the street.
(2)
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 more than 24 hours prior to the scheduled
collection and any containers must be removed from the collection
area no more than 24 hours after the scheduled collection. Any container(s)
in addition to the rolling refuse container, as determined by the
Village Board, shall be required to have a standard sticker(s) attached.
Said sticker(s) must be visible from the street.
B.
Commercial users. All commercial refuse shall be deposited promptly
in a dumpster or in a rolling refuse container and shall not exceed
the dumpster's level of capacity.
C.
Recyclables. The Superintendent of the Department of Public Works
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
or shall be placed as so designated by the Superintendent of the Department
of Public Works. Materials placed in the recycling container which
are improperly prepared and materials deemed not recyclable will be
considered in violation of this chapter and subject to a notice and
order.
D.
Ashes. Ashes shall be allowed to cool and shall then be deposited
in a separate refuse container and must be placed between the sidewalk
and the curb in front of the premises where such ashes originated.
For containers containing ashes only, no standard sticker shall be
required.
E.
Bulk refuse. All bulk items to be discarded shall not be placed at
the street edge more than 48 hours prior to the scheduled collection.
All freezer and refrigerator doors shall be removed before such items
are placed for collection.
F.
Building refuse. Building refuse resulting from minor repairs that
can be properly placed in a rolling refuse container shall be collected
in the same manner as residential refuse. It shall be the responsibility
of the owner of the property to make arrangements for the proper and
legal collection and disposal of building refuse from major repair
or remodeling that is too large or too heavy to be properly placed
in rolling refuse containers. Based on availability, dumpsters may
be rented from the Village at a rate established by the Village Board
of Trustees.
G.
Construction waste. It shall be the responsibility of commercial
contractors to make arrangements for the proper and legal collection
and disposal of waste generated during the construction process and
such waste shall not be collected by the Village.
H.
Lawn cuttings. Grass clippings will not be accepted for disposal.
I.
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. In the event of a snow event requiring plowing,
leaf pickup for that year may be suspended.
J.
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. When tree pruning or removal is performed
by a contractor or tree surgeon, it shall be the responsibility of
the contractor or tree surgeon to properly dispose of all debris related
to this work. Brush must be placed with all large ends facing the
same direction and against the flow of traffic.
K.
Concrete, dirt, bricks and stones. Concrete, dirt, brick and stones
shall require special arrangements with the Village prior to pickup.
Subject to availability, short-term truck rental can be arranged upon
payment of the fee specified by the Board of Trustees.
A.
Each residential user and each commercial user from which refuse
is collected by the Department shall purchase, from the Village of
Spencerport, and use a rolling refuse containers or dumpsters sufficient
in number to hold all refuse accumulating between scheduled collections
by the Department.
B.
Any person owning, conducting or being the resident manager or official
of an apartment house or multiresidential complex or of a commercial
or industrial enterprise in the Village shall, for the collection
of garbage and rubbish, use dumpsters or similar devices or such other
means approved by the Superintendent of the Department of Public Works
and shall not permit an overflow or spillover from such or permit
garbage or refuse to be placed in any way on such premises other than
as permitted herein.
C.
Rolling refuse containers or dumpsters for putrescible refuse 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.
D.
Containers declared unfit or useless shall be replaced with new rolling
refuse containers or dumpsters as herein defined.
E.
Recycling containers ("blue boxes") 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 chapter. 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 front yard setback, street,
sidewalk or gutters or in any public place, except as directed herein
or by the Superintendent of the Department of Public Works.
Rolling 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 and commercial refuse and
recyclables as defined by this chapter once each week. The Department
shall collect bulk refuse as defined by this chapter as determined
by the Superintendent of the Department of Public Works. All other
collections will be made at a frequency as determined by the Superintendent
of the Department of Public Works to be necessary and consistent with
the public health. User fees shall be charged consistent with the
frequency and quantity of collection.
B.
Commercial users which elect to be served exclusively by private
refuse collectors or commercial users which have had Department collection
service discontinued because of nonpayment of commercial user fees
shall provide refuse containers or dumpsters sufficient in number
to hold all refuse accumulating between scheduled refuse collections
and shall not allow refuse 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 must establish
to the satisfaction of the Superintendent of the Department of Public
Works that other refuse collection arrangements have been made and
that refuse collection is being made at the frequency determined by
the Superintendent of the Department of Public Works to be consistent
with public health requirements.
C.
Commercial users which produce industrial waste or infectious waste
must be serviced exclusively by private refuse collectors, unless
the owner establishes to the Superintendent of the Department of Public
Works' satisfaction that such exclusive service is impractical
and that the user will not offer any such industrial or infectious
waste for Village collection. In such case, the Village will collect
nonindustrial or noninfectious waste, provided that the user signs
an agreement acknowledging that he understands the policy and will
abide by such.
The user fees for recycling and collection of refuse placed
for collection will be established by the Village Board and amended,
as deemed necessary, by resolution of the Village Board.
A.
All unpaid fees and charges for municipal or municipally contracted
solid waste collection and/or disposal services, including penalties
or interest, not paid as of May 1 of each year shall be added to the
annual Village tax levy. Additionally, an administrative charge shall
be assessed against each delinquent account and included in the re-levy.
Such charge shall be established by resolution of the Board of Trustees.
B.
The Board of Trustees shall annually cause a statement to be prepared
setting forth each amount of solid waste disposal and/or collection
fees in arrears as of May 1, a brief description of the property for
which or in connection with which such solid waste services were provided
and the name and address of the person or corporation liable to pay
such amount. Such statement shall be presented to the Board of Trustees,
which shall levy such amounts remaining unpaid on the date taxes are
levied against the real property for which or in connection with which
solid waste services were provided.
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
by the owner or occupant for collection by the Department, bulk refuse
excepted.
Litter containers placed outside for public use are to be used
for the 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 establishments is
prohibited.
No person shall place, or cause to be placed, any refuse for
the purpose of disposal on any premises unless he or she is the owner
or occupant of said premises.
A.
The Superintendent of the Department of Public Works shall have the
authority to abate any sanitary health hazard or public nuisance and
charge the property owner the cost of the abatement.
B.
The Superintendent of the Department of Public Works shall have the
authority to suspend or revoke service to any property in the case
of violations of this chapter. Such suspension or revocation shall
only occur after a written notice of violation has been sent to the
record owner of the property and the condition has not been corrected
within 15 days.
Any person aggrieved by a decision or regulation of the Superintendent
of the Department of Public Works arising out of this chapter shall
have the right to appeal to the Village Board, who shall have the
authority to confirm, modify or revoke such decision or regulation.
Any person, including a corporation, guilty of violating any
provision of this chapter or the rules and regulations duly approved
for enforcement and administration shall be punishable by a fine of
not more than $250 or by imprisonment for not more than 15 days, or
both.
This chapter shall become effective on June 1, 2016.
