[Adopted 6-15-2016 by L.L. No. 1-2016]
The purpose of this article is to promote the proper disposal
of garbage, refuse, and rubbish to provide a healthy, clean environment
and to prevent the infestation of undesirable rodents and pests.
A.Â
DWELLING
DWELLING UNIT
EXTERMINATION
GARBAGE
NUISANCE (PUBLIC NUISANCE, PUBLIC HEALTH NUISANCE)
OCCUPANCY
OCCUPANT
OPERATOR
OWNER
PERSON
PREMISES
PUBLIC WAY
RODENT HARBORAGE
RAT-PROOFING
REFUSE
REFUSE CONTAINERS
RUBBISH
STRUCTURE
As used in this article, the following terms shall have the meanings
indicated:
Any building or structure that contain one or more dwelling
unit(s), rooming units, or bed-and-breakfast units used, intended,
or designed to be built, used, rented, leased, let or hired out to
be occupied, or that are occupied for living purposes.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The control or elimination of insects, rodents, or other
pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by application
of pesticide(s), trapping or by another recognized legal pest elimination
method approved by the local or state authority having such administrative
authority.
The animal and vegetable waste resulting from the handling,
preparation, cooking, serving and consumption of food.
Whatever is or could potentially become dangerous to human
life or detrimental to health.
The purpose for which a building or portion thereof is utilized
or occupied.
Any individual living or sleeping in a building, or having
possession of a space within a building; except that in dwelling units
a guest will not be considered an occupant.
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
Any person, agent, operator, firm or corporation having legal
or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
An individual, heirs, executors, administrators or assigns,
and also includes firm, partnership or corporation, its or their successors
or assigns, or the agent of any of the aforesaid.
A lot, plot or parcel of land, an easement or public way,
including any structure thereon.
A street, alley or other parcel of land open to the outside
air leading to a street, that has been deeded, dedicated or otherwise
permanently appropriated to the public for public use and which has
a clear width and height of not less than 10 feet.
Any place where rodents can live, nest, hide or seek shelter.
A form of construction which will prevent the ingress or
egress of rats to or from a given space or building, or gaining access
to food, water or harborage. It consists of the closing and keeping
closed of every opening in foundations, basements, cellars, exterior
and interior walls, ground or first floors, roofs, sidewalk gratings,
sidewalk opening and other places that may be reached and entered
by rat climbing, burrowing or other methods, by the use of materials
impervious to rat gnawing or by other methods approved by the Town
of Orchard Park Building Inspector.
All putrescible and nonputrescible solids (except body wastes)
including garbage, rubbish, ashes and dead animals.
A watertight container that is constructed of metal or other
durable material impervious to rodents, that is capable of being serviced
without creating unsanitary conditions, or such other containers approved
by the Town of Orchard Park Building Inspector. Openings into the
container such as covers and doors shall be tight fitting.
Combustible and noncombustible waste materials, except garbage;
the term shall include the residue from burning wood, coal, coke and
other combustible materials, paper rags, cartons, boxes, wood, excelsior,
rubber, mineral matter; glass, crockery, and dust and other similar
materials; this term shall also include discarded, abandoned or stored
refrigerators.
That which is built or constructed or a portion thereof.
B.Â
Meaning of certain words. Whenever the words "dwelling," "dwelling
unit," "bed-and-breakfast," "premises," "structure" are used in this
article, they shall be construed as though they were followed by the
words "or any part thereof." Words used in the singular include the
plural, and the plural the singular, the masculine gender includes
the feminine and the feminine the masculine.
Every occupant of a structure, building, bed-and-breakfast,
dwelling or dwelling unit shall store and dispose of all his rubbish
in a clean, sanitary and safe manner.
Every occupant of a structure, building, bed-and-breakfast,
dwelling or dwelling unit shall dispose of and store all his garbage
or any other organic waste which might provide food for insects, rodents
or any other pest, in a clean, sanitary safe manner. Garbage shall
not be allowed to accumulate. Rodent-proof, insect-proof, watertight
refuse containers shall be used for storage pending collection. The
lid of the refuse container shall be on the container at all times,
including when at curb pending collection.
Every owner of a premises, structure, building, rooming house,
bed-and-breakfast, or dwelling shall supply adequate facilities or
refuse containers for the sanitary and safe storage and/or disposal
of rubbish and garbage, unless otherwise agreed to in writing by the
lessee. Such containers shall be in proper working condition, undamaged
and rodent-proof. The maintenance and upkeep of the container shall
be the owners and/or occupants responsibility.
Every occupant of a dwelling containing a single dwelling unit
shall be responsible for the extermination of any insects, rodents,
or other pests therein or on the premises. Notwithstanding the foregoing
provisions of this section, whenever infestation is caused by failure
of the owner to maintain a dwelling in a rat-proof or reasonable insect-proof
condition, extermination shall be the responsibility of the owner.
Whenever infestation exists in the rooming house, bed-and-breakfast,
or two or more dwelling units in any dwelling, or in the shared or
public parts of any rooming house, bed-and-breakfast or dwelling containing
two or more dwelling units, extermination thereof shall be the responsibility
of the owner.
A.Â
Every owner and/or occupant of a premises, structure, building, bed-and-breakfast,
dwelling or dwelling unit shall store and dispose of accumulated rubbish,
boxes, lumber, scrap metal, or any other materials in such a manner
as to prevent rodent harborage in or about any premises, structure,
building, bed-and-breakfast, rooming house, rooming unit, dwelling
or dwelling unit. Materials shall be stacked neatly in piles elevated
to a level high enough to permit effective cleaning.
B.Â
All structures and exterior property shall be kept free from rodent
harborage and infestation. Where rodents are found, they shall be
promptly exterminated by approved process which will not be injurious
to human health. After extermination, proper precautions shall be
taken to eliminate rodent harborage and prevent reinfestation.
C.Â
Every owner or occupant or a dwelling or dwelling unit shall not
store, place, or allow to accumulate any material that may serve as
food or harborage for rodents in a site accessible to rodents.
D.Â
No person shall feed in the open any domestic or wild fowl, birds
or animals other than in a suitable container and in such a manner
so as to prevent scattering of food upon the ground or ground level
which can or will provide food for rodents, insects, vermin or other
pests. If an area is deemed infested with rodents, insects, vermin
or other pests by the Town of Orchard Park Building Inspector, all
bird feeding shall be ceased until the area is no longer deemed infested
with rodents, insects, vermin or other pests.
E.Â
If an area is deemed infested with rodents, insects, vermin or other
pests by the Town of Orchard Park Building Inspector, all such premises
and immediate exterior property shall be maintained free from weeds
or plant growth in excess of 10 inches, so as to prevent rodent harborage.
"Weeds" shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs; provided, however, this term shall not
include cultivated flowers or gardens.
All complaints regarding what is dangerous to human life or
detrimental to health shall be received and investigated. The Town
of Orchard Park Building Inspector or his/her designee may enter upon
or within any place or premises where nuisances or conditions dangerous
to life and health or which are the cause of nuisances existing elsewhere
are known or believed to exist.
A.Â
All totes and recyclable containers shall be transferred to the curbline
or pavement line in front of the premises by the producer of solid
waste.
B.Â
No garbage, nonrecyclable refuse and rubbish or recyclable rubbish
shall be set out for collection before 3:00 p.m. on the day preceding
collection, nor subsequent to 6:00 a.m. on the day of collection.
C.Â
Totes and recyclable containers shall be removed from the curbline
within 12 hours after being emptied to a location behind or beside
any structure or building on the premises; said location shall not
be in the defined front yard area and shall be a minimum of eight
feet from any neighboring structure or building.
D.Â
For good cause shown, the Building Inspector of the Town of Orchard
Park may provide an exemption for the above stated rules for the placement
of containers for collection. "Good cause" may be but is not limited
to the property owner's physical disability, short-term absence,
or one-time disposal event.
