[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.]
As used herein, the following terms shall have the meanings
indicated:
Containers fabricated of aluminum and commonly used for soda,
beer or other beverages.
As defined in § 150.10 of the Criminal Procedure
Law of the State of New York.
Tree branches not exceeding two inches in diameter and no
more than four feet in length and twigs and shrub and hedge clippings.
Large items and materials, including furniture, house furnishings
and large appliances, such as refrigerators, stoves, washing machines,
and clothes dryers.
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.
Beds, mattresses, chairs, tables, wood, windows, linoleum,
magazines, books, colored or corrugated paper products, piping, rubber
tires and other large items not otherwise defined.
Any property or establishment containing anything other than
one- or two-family residential building establishments shall be deemed
a commercial property.
A receptacle, including, without limitation, a dumpster,
or receptacle capable of holding more than 64 gallons.
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.
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.
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.
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.
Waste generated by any industrial process or operation.
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.
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.
Includes the following:
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
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.
Any individual or individuals, partnership or corporation, whether
for profit or otherwise, in whose name title to a building exists.
An individual, individuals or any legal entity duly authorized
to do business in the State of New York.
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.
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.
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.
The Village of Fonda, New York.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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.Â
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.Â
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:
P.Â
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.Â
There will be no collection from residences where snow and ice have
not been cleared from access pathways or driveways.
R.Â
Normal collection procedures may be changed if they conflict with
scheduled holidays. Such changes shall be published in the local official
newspaper.
S.Â
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.Â
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.Â
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.Â
Construction materials, including, but not limited to, bulk roof
shingles, dimensional framing lumber, bulk or sheets of plywood, paneling,
plasterboard, sheetrock, etc.
B.Â
Hot ashes, dirt, earth, stone, blacktop, concrete, bricks, and concrete
block.
C.Â
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.Â
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.Â
Dead animals, animal waste and animal droppings.
F.Â
Surgical dressings, syringes and disposable hospital-type items.
G.Â
New and used motor oils or other petroleum products.
H.Â
Hazardous waste classified pursuant to regulations issued by the
New York State Department of Environmental Conservation.
I.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Solid waste in excess of the reasonable quantity set by the Village
shall be the responsibility of the owner to be disposed of.
D.Â
Accumulation or storage of solid waste on private property.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
