Village of Fonda, NY
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fonda 6-11-2001 by L.L. No. 2-2001; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 36.
Littering — See Ch. 76.
Property maintenance — See Ch. 112.
As used herein, the following terms shall have the meanings indicated:
ALUMINUM CANS
Containers fabricated of aluminum and commonly used for soda, beer or other beverages.
APPEARANCE TICKET
As defined in § 150.10 of the Criminal Procedure Law of the State of New York.
BRUSH
Tree branches not exceeding two inches in diameter and no more than four feet in length and twigs and shrub and hedge clippings.
BULK ITEMS
Large items and materials, including furniture, house furnishings and large appliances, such as refrigerators, stoves, washing machines, and clothes dryers.
BULKY METALS
Stoves, refrigerators, dishwashers, dryers, washing machines, air-conditioning units, boilers, freezers, water tanks, lawn mowers, metal duct work, aluminum siding, metal window and door frames and other large metal appliances.
BULKY WASTE
Beds, mattresses, chairs, tables, wood, windows, linoleum, magazines, books, colored or corrugated paper products, piping, rubber tires and other large items not otherwise defined.
COMMERCIAL BUSINESS
Any property or establishment containing anything other than one- or two-family residential building establishments shall be deemed a commercial property.
COMMERCIAL CONTAINER
A receptacle, including, without limitation, a dumpster, or receptacle capable of holding more than 64 gallons.
CONTAINER
A receptacle constructed of such material and in such a manner as to hold solid waste and trash and other such items without breaking or collapsing. Containers shall have covers so that the contents therein are not exposed to the weather, animals and vermin.
DEMOLITION DEBRIS
Concrete, masonry, wood, plaster, aluminum or other siding material, wire, asphalt, ceramics, tiles, sheetrock, stones, bricks, clay pipe, concrete pipe and any other by-product of a new construction activity, renovation or rebuilding or other modification to a house, appurtenances and grounds.
GARBAGE
The rubbish, food wastes and collectible wastes resulting from the normal day-to-day operation of a household. Garbage does not include rubble, bulk items, industrial waste or any other materials not covered under this definition.
GLASS BOTTLES
Transparent or translucent jars, bottles and containers which are primarily used for packaging and bottling of various products, but only those glass bottles that are green, amber or clear in color.
INDUSTRIAL WASTE
Waste generated by any industrial process or operation.
MUNICIPALLY COLLECTED SOLID WASTE
Household waste and other waste materials routinely produced in a household and used household items. This material shall not include other materials defined as bulky metals, bulky wastes, demolition debris, glass bottles, newsprint and yard organics and recyclables.
NEWSPRINT
The common, inexpensive machine-finished paper made chiefly from wood pulp used for newspapers. This term excludes glossy newspaper inserts, books and magazines as well as other paper products.
OWNER or PERSON
Includes the following:
A. 
One or more persons of either sex, natural persons or individual or corporation or partnership or agency or joint venture or titled owner of the subject real property, associations, joint-stock companies, societies and all other entities of any kind capable of being sued, who either is or claims to be the owner of such lot or land of any occupied or unoccupied lot or land or any part thereof in the Village of Fonda; or
B. 
Any lessee, tenant or occupant of the lot or land or any part thereof located in the Village of Fonda; or any agent, servant, representative or employee of any such persons or individual or corporation or partnership or agency or joint venture or titled owner of the subject real property, associations, joint-stock companies, societies and all other entities of any kind capable of being sued, who either is or claims to be the owner of such lot or land of any occupied or unoccupied lot or land or any part thereof in the Village of Fonda.
C. 
Any individual or individuals, partnership or corporation, whether for profit or otherwise, in whose name title to a building exists.
D. 
An individual, individuals or any legal entity duly authorized to do business in the State of New York.
RECYCLABLES
Glass bottles, aluminum and metal cans, newsprint, magazines, junk mail, phone books, catalogues, cardboard, plastic, yard organics and bulky metals as defined in this section and any other material designated, from time to time, by the Village Street and Water Commissioner.
RUBBISH
Food wastes, including, but not limited to, table cleanings, fruit, vegetables and animal parings and scraps, decaying or spoiled vegetables, animal and fruit matter, any paper, plastic, cardboard, or other material used to wrap, cover, or contain food, and preparation of food, metal and miscellaneous waste material, including rags, rugs, health aids and materials, sweepings, rubber, leather, cloth, magazines, paper, waste material from normal maintenance and repair activities, dirt, filth, bottles, jugs, and jars, and any other waste material. "Rubbish" does not include bulk items, rubble, ashes, leaves, yard and garden waste, manure, of any description, or any other material not covered under this definition.
RUBBLE
Waste material typically resulting from construction, demolition and major renovation activities, including, but not limited to, waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, railroad ties, wooden pallets, doors, windows, and any similar material.
VILLAGE
The Village of Fonda, New York.
YARD ORGANICS
Grass clippings, leaves, branches and other like organic garden materials. Excluded are tree trunks, root systems, tree stumps, logs, main branches and other large growing vegetation.
YARD WASTE
Grass, leaves and waste plant and dirt materials from vegetable and flower garden, lawns and yards and brush.
Collection areas, together with the date of collection, shall be established by regulation of the Village. In the event of an emergency situation, the Village may suspend, restrict or otherwise modify the provisions of this chapter.
Every person in possession of or responsible for premises used for residential and business purposes shall prepare and segregate all material intended for collection by the Department of Public Works as follows:
A. 
Municipally collected solid waste shall be placed in rubber solid waste container that is not blue in color or have a capacity exceeding 64 gallons. Containers for municipally collected solid waste are to be provided by the owner or occupants and must be properly covered and not leak. If the Village shall contract with a private waste disposal company, the container provided by said company must be used.
B. 
Municipally collected solid waste shall be disposed of in bags. Any such bag shall be sufficiently strong to contain the materials enclosed. When filled each such bag shall be securely tied and weigh not more than 30 pounds and be placed in a proper container.
C. 
Municipally collected solid waste garbage shall be kept in a single location at the residence and shall be placed at the curb or as close to the curb as possible, without obstruction to the free and proper use by the public of the sidewalks adjacent thereto; or adjacent to but not on the street pavement if there is no curb, in front of the residences, apartment houses and businesses where such collection is to take place. Placement of containers, other than dumpsters, shall be placed only on the scheduled day for collection or not earlier than 5:00 p.m. on the day before the day scheduled for collection. Containers must be removed no later than 8:00 p.m. on the day of pickup.
D. 
All containers judged by the Village Street and Water Commissioner or his or her agents to be unsuitable for the storage of collectible waste shall be declared trash and picked up by the Village. Replacement of these containers shall be the responsibility of the owner.
E. 
All materials shall be placed in suitable containers so as to prevent scattering or, if too large to be placed in containers, shall be bundled and securely tied. The bundles shall not exceed four feet in length and be in excess of 30 pounds.
F. 
Each bag of garbage placed for collection shall be free of any materials not covered under the definitions of "garbage" and must comply with all requirements prescribed by Montgomery County Solid Waste.
G. 
Solid waste containers are limited per taxable property as determined by resolution of the Board. Additional containers are allowable for a maximum of eight per property, each additional container shall be payable directly by the property owner to the municipal hauler of their choice.
H. 
Newsprint, magazines, junk mail, phone books, catalogues and cardboard, intended for separate collection, shall be separated from other municipally collected solid waste. Collection shall be made in accordance with rules promulgated by the Village Street and Water Commissioner. Newsprint used to wrap solid waste and contaminated newsprint shall not be included in such bundles and shall be disposed of with household waste.
I. 
Glass bottles shall be separated from other municipally collected solid waste and placed curbside in accordance with regulations promulgated by the Village Street and Water Commissioner.
J. 
Aluminum and metal cans shall be separated from other municipally collected solid waste and placed curbside in accordance with regulations promulgated by the Village Street and Water Commissioner.
K. 
All plastics shall be separated from other municipally collected solid waste and placed curbside in accordance with regulations promulgated by the Village Street and Water Commissioner.
L. 
All plastics, paper materials, glass bottles, aluminum cans that have not been contaminated by solid waste, as described, shall be securely placed in bags or within an approved blue recycling container.
M. 
Yard organics shall be separated from other municipally collected solid waste. Leaves, grass clippings and other mulch-like organic materials shall be placed for collection in accordance with rules promulgated by the Village Street and Water Commissioner. Yard organics shall be placed at the curb readily accessible to a Village Department of Public Works.
(1) 
The Village Street and Water Commissioner shall outline a leaf collection program and notify the public of the dates of collection by publication in the local official newspaper.
(2) 
Christmas trees for the Village's Christmas tree collection program must be placed curbside. The Village Street and Water Commissioner shall outline a Christmas tree collection program and notify the public of the dates of collection by publication in the local official newspaper.
(3) 
Branches not exceeding three inches in diameter shall be securely tied in bundles no longer than four feet in length, 18 inches in diameter and not exceeding 30 pounds in weight for collection with yard organics.
N. 
Placement of bulky metal and bulky waste for collection shall be at the curb readily accessible to the Village Department of Public Works only during collection period of such items as outlined by the Street and Water Commissioner. The Village Board shall, by resolution, establish and revise a system for the collection of bulky metals and bulky wastes and shall, by resolution, establish and revise the rates to be charged for the removal of such items.
O. 
When the Village has announced that waste materials other than garbage will be collected on particular days or during particular periods, any person placing such waste materials at or near the curb, sidewalk or street for purposes of collection by the Village shall comply with the following:
(1) 
The waste material shall be of the type announced by the Village, and placed for collection at the time specified by the Village.
(2) 
The waste material shall be collected, bound, contained, place or otherwise treated in the manner specified by the Village.
P. 
Garbage, as defined in this chapter, shall be kept in containers suitable to prevent access by vermin, insects, rodents, dog, cats, birds, etc., and that includes a lid.
Q. 
There will be no collection from residences where snow and ice have not been cleared from access pathways or driveways.
R. 
Normal collection procedures may be changed if they conflict with scheduled holidays. Such changes shall be published in the local official newspaper.
S. 
No garbage or waste as defined in this chapter shall be dumped, thrown, placed or emptied into or on a public or private property in the Village of Fonda except in accordance with the provisions of this chapter.
T. 
No person shall place any waste material at or near any curb, sidewalk, or street other than the curb, sidewalk, or street immediately in front of the property from which such waste material was generated.
U. 
The placement of any waste material at or near any curb, sidewalk or street, other than in compliance with this section, shall constitute a violation of this chapter.
The following items are prohibited from being placed for collection by the Village on normal collection dates.
A. 
Construction materials, including, but not limited to, bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood, paneling, plasterboard, sheetrock, etc.
B. 
Hot ashes, dirt, earth, stone, blacktop, concrete, bricks, and concrete block.
C. 
Industrial waste, including, but not limited to, processed scrap materials, certain hazardous and dangerous materials, such as acids, paints, fluorescent tubes, toxic materials and highly volatile or explosive matter, either in liquid, gaseous or solid form.
D. 
Bulk automotive parts, including, but not limited to, transmissions, engines, rear ends, wheels, tires, mufflers, and other bulk items normally produced by vehicular repair operations.
E. 
Dead animals, animal waste and animal droppings.
F. 
Surgical dressings, syringes and disposable hospital-type items.
G. 
New and used motor oils or other petroleum products.
H. 
Hazardous waste classified pursuant to regulations issued by the New York State Department of Environmental Conservation.
I. 
Domestic or household bulky items, such as washing machines, refrigerators, stoves, household appliances, and other household furnishings, such as chairs, sofas, beds, etc., shall not be placed at the curb for collection unless arrangements are made as set forth in § 138-3N of this chapter.
J. 
It shall be a violation of this chapter for any individual, association, partnership or corporation to leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, freezer, dishwasher, or any other item of any kind which has an airtight door, with or without a lock, without first removing said door.
K. 
The Village shall not be responsible for collecting any hazardous waste or waste material that has been placed or prepared in ways that do not comply with all the provisions of this chapter, nor shall the Village be obligated to collect waste material generated from property which is exempt from real property taxation.
The Village shall pick up reasonable quantities of garbage or rubbish, as defined by resolution of the Village Board, from each commercial establishment per week. The Village shall not be responsible for the pickup and disposal of any bulk items, brush, rubble, yard waste, industrial waste or garbage and rubbish in excess of a reasonable quantity per collection day from any commercial establishment. The Village shall have the right to set by resolution what is a reasonable quantity and may limit a commercial establishment to set amount of garbage.
A. 
In all commercial establishments, garbage or refuse shall be placed at the rear of the establishment whenever possible. All commercial containers shall be enclosed with a stockade-type privacy fence or wall, which shall be designed to prevent the scattering of debris outside of the container area and shall completely obscure the receptacle from public view. The enclosure for trash containers shall not be less than six feet nor more than eight feet in height and maintained in good condition. A wall (or walls) of an adjoining building may serve as one (or more) side(s). The area created by the fencing and wall shall be kept free of debris, and in no event shall there be an accumulation of debris outside the container. The opening for the gate to the enclosure shall be located in an area easily accessible to the users of the container and the Village of Fonda employees or designee. The gate shall remain locked and only accessible by authorized users and Village of Fonda employees/contractors.
B. 
Reasonable quantities, as set by the Village, of municipality collected solid waste will be picked up from taxable commercial establishments that is contained in containers no greater than sixty-four-gallon that are acceptable to the Street and Water Commissioner. Containers of this nature must be placed curbside no earlier than 5:00 p.m. prior to the day of pickup and be removed no later than 8:00 p.m. on the day of pickup.
C. 
Solid waste in excess of the reasonable quantity set by the Village shall be the responsibility of the owner to be disposed of.
D. 
Accumulation or storage of solid waste on private property.
(1) 
No hauler shall suffer or permit solid waste to accumulate or remain upon private premises, including extended storage in hauler vehicles owned or operated by that hauler, so that the same shall emit odors or become offensive or dangerous to the public health or to any person or property.
(2) 
Except as specifically permitted in this chapter, no hauler shall deposit or cause to be deposited or stored for more than one day upon any property any solid waste and/or recyclables. No leachate or other obnoxious or contaminating substance shall be allowed to drain from a hauler vehicle on the public streets.
Nothing in this chapter shall be deemed to prevent any person from entering into a contractual agreement with a private waste hauler for the removal of garbage and other waste materials generated by that person or at property owned by that person.
Any property that is not taxable within the Village of Fonda will not be provided with garbage or recycling service. It shall be the responsibility of the owner of the property to dispose of the solid waste, which shall be disposed of using the same contractor as the Village.
A. 
No person shall bring in, place or deposit or cause to be brought into, placed or deposited in the Village any solid waste or other waste material originating outside the Village for the purpose of disposing of same in the Village or for the purpose of having it collected by the Village or its agents or contractors.
B. 
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 solid waste or other waste material originating outside the Village on any real property owned or leased by him or her or under his or her control.
Whenever a person places garbage or other waste material at or near a curb, sidewalk, alley or street for collection by the Village without complying with all the provisions of this chapter, the Village may choose not to collect the garbage or other waste material. In such a case, the Village shall affix a notice to the waste material which gives the reason why the material was not collected. The Village may also notify the property owner of the property from which such uncollected waste material was generated why the Village did not collect that material. That notice shall be either verbal or written, as the Village determines appropriate, and shall be provided as soon as feasible after the Village refuses to collect that material.
Where the Village has not collected certain refuse and/or waste material because those materials were not considered collectible garbage as outlined in this chapter, or placed or prepared in accordance with the provisions of this chapter, the person who placed such materials for collection or the owner of the real property adjoining the curb, sidewalk, street or alley where such waste materials were placed shall remove those wastes from that location as soon as possible after the Village has refused collection, and, in any event, by 8:00 p.m. of the designated collection day, shall constitute a violation of this chapter, and subjects the violator to the enforcement provisions contained in § 138-13 of this chapter.
A. 
The Village of Fonda may, by resolution, impose fees for the collection of any refuse, rubble, bulk items, brush or industrial waste. After such fees are imposed, the manner of implementation and collection shall be by regulation of the Village not inconsistent with the terms of the resolution imposing such fees.
B. 
All such fees shall be as provided by the schedule of fees as adopted annually by the Village Board of Trustees. Any fee not paid within 30 days after billing shall become a lien upon the real property from which such waste material was generated, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village.
Property owners and their agents, lessees, tenants or other occupants who place materials not in accordance with this chapter shall hold harmless and indemnify from any and all losses the Village of Fonda, its employees and agents for all costs, direct and indirect, which are attributable, in the sole discretion of the Village, for materials collected which were placed for collection in violation of the terms of this chapter.
A. 
Any person who commits a violation of this chapter shall be punished as follows: by a fine of not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment. Enforcement of this chapter shall be made by any law enforcement officer or such person as may be appointed by the Village Board of Trustees.
B. 
Each commission of a single act shall constitute a separate violation of this chapter, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.