[HISTORY: Adopted by the Board of Trustees of the Village
of Dansville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-9-1949]
The dumping, depositing or placing of any rubbish, garbage,
refuse, ashes or any other material in any of the creeks or streams
of water within the confines of the Village of Dansville is hereby
prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of this article shall be punishable by a fine
not exceeding $250, imprisonment for not more than 15 days, or both
such fine and imprisonment, for each offense.
[Adopted 12-11-2012 by L.L. No. 3-2012]
This article is adopted for the protection and promotion of
the public health, safety and general welfare of the community by
regulating the storage of garbage, recyclables and other waste materials
as well as the use and maintenance and operation of bulk garbage containers
referred to as "dumpsters"; the collection and removal of the foregoing;
the supervision of waste haulers; and the collection and removal of
brush and yard debris.
As used in this article, the following items shall have the
meanings indicated:
All bushes, trees and vines cut from occupied residential
and commercial property.
Any business, governmental agency, municipality or other
nonresidential generator of solid waste requiring off-site disposal.
Livingston County, New York, or any authorized county agency.
A private or publicly operated facility to which recyclables
can be delivered.
A private or public facility for receiving source-separated
recyclable materials and processing them into marketable commodities.
Any materials designated as such by the county, provided
that such materials are not hazardous and can be reasonably separated
from the solid waste stream and held for material recycling or reuse
value.
County rules and regulations adopted by the county pertaining
to the separation, collection, transportation and disposal of recyclables,
as may be amended from time to time by the county.
Any person or household which produces solid waste requiring
off-site disposal.
All putrescible and nonputrescible solid waste, including
but not limited to materials or substances discarded or rejected as
being spent, useless, worthless or in excess to owners at the time
of such discard or rejection or which are being accumulated, stored
or physically, chemically or biologically treated prior to being discarded
or rejected, having served their intended use, or as industrial, commercial
and agricultural waste, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted
water-carried materials or substances and those in gaseous form, special
nuclear or by-product material within the meaning of the Atomic Energy
Act of 1954, as amended, or waste which appears on the list or satisfies
the characteristics of hazardous waste promulgated by the Commissioner
of the Department of Environmental Conservation.
The segregation of recyclables from the solid waste stream
at the point of generation for separate collection, sale or other
disposition.
[1]The Village of Dansville, New York.
A commercial waste generator or a residential waste generator.
All persons engaged in the commercial collection, transportation
and/or disposal of solid waste and/or recyclables generated, originated
or brought within the county.
Twigs, small branches, weeds, grass clippings, leaves, small
plants and fruit and fruit/nuts that fall from trees and bushes on
occupied residential and commercial property.
A.
Accumulation, responsibility of owner or lessee. The owner, lessee,
building contractor, tenant or other person having management or control
of or occupying any lot or plot of land in the Village shall keep
such land, at all times, free and clear of any accumulation of garbage,
refuse, rubbish, litter and waste or discarded matter of any type,
including partially dismantled motor vehicles, except such as may
be deposited for collection and disposal purposes. Cleared land shall
be mowed and trimmed. Upon due notice, in writing by the Code and
Zoning Enforcement Officer or Police Chief or his/her designee, given
to such owner, lessee, contractor, tenant or other person to remove
said accumulation of garbage, refuse, rubbish, litter and waste or
discarded matter from said lot or parcel of land and upon failure
to comply within a period of five days after the service of said notice,
said owner, lessee, contractor, tenant or other person shall be deemed
to have violated the provisions of this article. Notice shall be served
by regular mail or in person.
B.
Storage of refuse.
(1)
No person shall accumulate or permit the accumulation of refuse upon
any premises owned or occupied by such person except for the purpose
of collection, which shall normally occur at intervals of not less
than seven days, except for holidays, Sundays, vacations, or extraordinary
weather or except where caused by or arising out of the construction
or remodeling of a dwelling or other building on the premises or customary
agricultural operations thereon, in which cases due care shall be
taken that such accumulation shall not create an unsightly appearance
or unreasonably disturb the comfort and repose of the neighborhood,
and shall be removed within a reasonable time or immediately upon
completion of the work causing such accumulation. The determination
shall be at the sole discretion of the Code and Zoning Enforcement
Officer or Police Chief.
(2)
Refuse containers shall not be kept near any public place longer
than may be necessary for the removal of the contents thereof. Storage
of such receptacles shall be out of sight of the general public. Such
receptacles shall be a container of sufficient capacity, and said
container shall have a tight-fitting cover and shall be watertight.
All receptacles shall be closed at all times. Lawn carts, wheel barrows,
fifty-five-gallon drums, fiber barrels, plastic bags and wastebaskets
are not considered suitable and sufficient containers.
(3)
Refuse containers shall be placed at the curb no earlier than the
afternoon before the day of collection, and shall be removed no later
than noon the day after collection.
(4)
No person shall throw or deposit or cause to be thrown or deposited
any refuse, hazardous waste or recyclable materials in or upon any
portion of a public street or place, or on any property not owned
or occupied by said person, nor in any refuse container not owned,
leased or rented by said person within the Village of Dansville.
(5)
Any location containing more than three portable refuse containers
shall be subject to the screening and maintenance requirements for
a dumpster as provided in this article.
C.
Dumping. No person shall dump, deposit, throw, place, cast or bury
ashes, rubbish, yard rubbish, garbage, waste matter, offal or discarded
matter of any type on any lot or plot of land in the Village, other
than compost heaps such as may be utilized by a home gardener when
stored on his own property and appropriately screened from view, provided
that such compost heaps do not develop obnoxious odors, attract rodents
or otherwise create a hazard to the health and enjoyment of neighboring
property owners. Discarded matter shall include any junked or abandoned
vehicle which is without a currently valid license plate and is in
either a rusted, wrecked, discarded, dismantled, partly dismantled,
inoperative or abandoned condition.
D.
Vehicle contents to be secure. No person being the owner, driver
or operator of any car or other vehicle including construction vehicles,
and no owner of any receptacle shall scatter, drop or spill or permit
to be scattered, dropped or spilled any dirt, gravel, sand, clay,
loam, stone or building rubbish or hay, straw, grain, sawdust, shavings
or other light materials of any sort or manufacturing, trade or household
waste, refuse or rubbish of any sort or ashes, manure, garbage or
other organic refuse or other offensive matter therefrom or permit
the same to be blown off therefrom by the wind upon any street or
sidewalk or right-of-way or public place in the Village of Dansville.
E.
Dumpsters: permit required. Dumpsters are not permitted in any residential
district in the Village except for apartment complexes (more than
four units) and for previously established businesses already using
them.
(1)
Collection schedule.
(a)
The property owner, lessee or the user of the dumpster shall
make provisions that all garbage and other waste materials be completely
contained within the dumpster. No accumulation of garbage and/or waste
materials will be permitted outside the confines of the dumpster,
nor will it be permitted to accumulate garbage or other waste materials
so that the dumpster cover cannot be firmly closed.
(b)
No dumpster shall be delivered, removed or emptied between the
hours of 6:00 p.m. and 6:00 a.m.
(2)
Location, use, condition and appearance requirements.
(a)
No dumpster may be placed, except for currently existing dumpsters, in any location unless the dumpster
is screened by an enclosure consisting of a solid fence or other approved
screening material. The enclosure shall exceed the height of the dumpster
so that the dumpster is entirely screened from view. The enclosure
shall at all times be kept closed and in good repair so as not to
create an unsightly condition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
Dumpsters and their enclosures shall be set back a minimum of
20 feet from a public right-of-way or a residential property line,
and a minimum of 50 feet from a residential structure. The location
of dumpsters on sites with constraints or conditions which do not
allow the minimum setbacks shall be subject to the approval of the
Village of Dansville Planning Board.
(c)
All dumpsters shall be kept in good repair, be structurally
sound and leakproof. All dumpsters shall have watertight doors or
covers that securely close all openings, and that are easily opened
and closed. Dumpsters shall be painted as required to prevent the
show of rust and deterioration and be so constructed to stand firmly
and safely upright.
(d)
All dumpsters shall be clearly identified with the name of the
owner of the dumpster.
(e)
The dumpster lessee shall be responsible for removing any litter,
debris or other matter related to the use of the dumpster, including
in the immediate vicinity of the dumpster and the surrounding area.
The ground or pavement in the area of the dumpster shall be kept clean
and sanitary. Foul odors emanating from the dumpster or the surrounding
area shall be eliminated. Vermin shall be exterminated at the expense
of the lessee.
(f)
All dumpster doors and covers shall remain securely closed except
when being filled or emptied.
(g)
Food waste that is placed in a dumpster shall be in securely
sealed plastic bags. Loose refuse other than food waste that may become
windblown shall be bagged.
(h)
No dumpster may exceed seven feet in height above grade.
(i)
No dumpster may be placed in any location without a permit and
the approval of the Code and Zoning Enforcement Officer. Unauthorized
dumpsters shall be removed by the owner of the dumpster upon order
of the Code and Zoning Enforcement Officer.
(j)
The design, materials and location of a required dumpster enclosure
shall be subject to the approval of the Code and Zoning Enforcement
Officer. No enclosure may be constructed without such approval.
(k)
On properties with multiple commercial uses, the sharing of
dumpsters shall be encouraged and preferred when practical.
(l)
The provisions of this article shall apply to the owner of the
dumpster as well as to the user or lessee of the container. The Code
and Zoning Enforcement Officer may revoke the permit for any dumpster
that is in violation of this article, and any such dumpster shall
be removed by the owner upon the order of the Code and Zoning Enforcement
Officer.
(3)
Application for permit.
(a)
An application for a permit pursuant to the provisions of this
article shall be made on forms approved and made available by the
Code and Zoning Enforcement Officer of the Village of Dansville.
(b)
Such application shall include but not be limited to the following:
the name and address of the applicant and, if applicable, the name
and address of the dumpster leasing company.
(4)
Issuance of permit.
(a)
All permits required by this article shall be in writing and
issued by the Code and Zoning Enforcement Officer of the Village of
Dansville. The Code and Zoning Enforcement Officer shall issue said
permit if it appears that the applicant has a reasonable need to use
a dumpster. No permits shall be issued until the fee, hereinafter
described, shall be paid to the Village. Existing dumpsters shall
be permitted but are exempt from the initial annual fee.
(b)
Such permit will be issued for a period of a year. Any permit
issued shall be revoked in the event that the maintenance of the dumpster
violates any of the terms of this article.
(5)
Permit fee. The fee payable for a permit pursuant to this article
shall be determined by the Board of Trustees by resolution and may
be adjusted from time to time.
(6)
Penalties for offenses.
(a)
Any person who violates any dumpster provision of this article
shall be notified by the Code and Zoning Enforcement Officer or Chief
of Police of said violation.
(b)
Each violation of this article shall be punishable by a fine
not exceeding $250, imprisonment for not more than 15 days, or both
such fine and imprisonment, for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Temporary dumpsters. Temporary dumpsters placed/used in conjunction
with demolition, construction, remodeling or repairs do not require
a permit.
A.
Waste delivery and disposal: source separation.
(1)
Solid waste generated or originated within the Village of Dansville
which has been left for collection shall be disposed of as follows:
(a)
Prior to initial collection or transport, persons are encouraged
to source separate solid waste materials into recyclable, reusable
or other components for which economic markets exist as provided in
the rules and regulations promulgated hereunder.
(b)
Recyclable materials shall not be commingled with other solid
waste during collection, transportation or storage following collection.
The Village Board of Trustees may order such exceptions as it determines
are in the public interest.
(c)
All recyclable materials generated or originated within the
Village of Dansville must be delivered to an authorized recycling
facility or handled through a waste stream reduction program.
(d)
No authorized recycling facility or waste stream reduction program
shall receive recyclable materials generated or originated in the
Village of Dansville except as permitted by law.
(2)
Disposal of solid waste which is barred from all authorized facilities
by rules, regulations or orders promulgated by county, state or federal
laws shall not otherwise be regulated by this article.
(3)
No hazardous waste may be delivered to an authorized recycling facility.
B.
Collection of recyclables placed at curbside.
(1)
Only persons who are acting under the authority of the county or
an authorized hauler shall collect, pick up, remove or cause to be
collected, picked up or removed any solid waste recyclable materials
so placed for collection. Each such unauthorized collection, pickup
or removal shall constitute a separate violation of this article.
However, where the county or any authorized hauler has refused to
collect certain recyclable materials because they have not been separated,
placed or treated in accord with the provisions of this article, the
person responsible for initially placing those materials for collection
may and shall remove those materials from any curb, sidewalk or street
side.
(2)
Nothing herein shall prevent any person from making arrangements
for the private collection, sale or donation of recyclable materials.
However, the recyclable materials to be privately collected, sold
or donated shall not be placed curbside on or immediately preceding
the day of collection of such recyclable materials.
C.
Licensing of hauler: conditions of refuse collection.
(1)
Licensing of haulers.
(a)
All persons or companies engaged in the business of receiving
or collecting garbage/rubbish or recyclable materials, except for
construction and demolition waste, must apply for and be issued annually
a license by the Village of Dansville Code and Zoning Enforcement
Officer. Refuse haulers shall submit an application for an annual
license by December 31 of each year. New license applications submitted
at other times during the year will be considered by the Board of
Trustees within 30 days of the date of the application.
(b)
At the time of licensing, haulers shall provide proof that they
have a valid permit from the County of Livingston to operate in the
county.
(c)
At the time of licensing, haulers shall provide proof that they
have a legitimate means for disposing of recycled materials.
(d)
Applications for an authorized hauler license may be denied
if the applicant or licensee has been adjudged or administratively
determined to have committed one or more violations of this article
during the preceding calendar year, or if the applicant is determined
to be unfit or undesirable to provide the service of refuse collection.
(e)
All authorized haulers shall, in writing, defend, indemnify
and hold harmless the Village of Dansville for any pending, threatened
or actual claims, liability or expenses arising from waste disposal
by the authorized hauler in violation of this article.
(f)
No license issued under the provisions of this article shall
be transferable. Changes in ownership of an authorized hauler shall
be reported to the Code and Zoning Enforcement Officer within five
working days. Said changes must be approved by the Code and Zoning
Enforcement Officer.
(g)
Authorized haulers shall submit proof(s) of insurance in an
amount determined to be sufficient by the Village of Dansville Board
of Trustees. Insurance shall include, but not be limited to, general
liability, automobile liability, workers' compensation, and disability.
All insurance certificates shall name the Village of Dansville as
an additional insured.
(h)
The fee for a license shall be determined by the Board of Trustees
by resolution and may be adjusted from time to time.
(i)
Any conditions of refuse collection contained in this article,
both residential and commercial, shall be also conditions of the authorized
hauler license.
(2)
Conditions of refuse collection.
(a)
The Village of Dansville Board of Trustees shall, by resolution,
regulate the day(s) of the week on which residential refuse collection
may take place within the Village. In addition, the Board of Trustees
may designate areas within the Village and impose collection regulations
within said areas. Authorized haulers shall be notified of any such
regulations upon issuance of a license, and shall be notified by mail
of any changes to the regulations that may be made from time to time.
(b)
There shall be no residential collection of refuse between the
hours of 6:00 p.m. and 6:00 a.m.
(c)
There shall be no residential collection of refuse on Sundays
or major holidays (New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day).
(d)
All authorized haulers must offer an optional residential low-volume
rate.
(e)
The level of service provided to residential customers by an
authorized hauler for yard waste, bulky refuse, appliances or other
waste shall be determined by the hauler.
(f)
The regulations for the collection of residential yard waste
are provided is a separate section of this article.
D.
Approval, denial, suspension or revocation of solid waste license.
(1)
When the Code and Zoning Enforcement Officer or his/her designee determines that a failure to comply with this article may have occurred, he shall recommend to the Village Mayor that he be authorized to carry out the notice and hearing provisions set in Subsection D(2) and (3) below. Notice and an opportunity to be heard shall be provided to the hauler prior to the suspension or revocation of a solid waste license or contract or the issuance of a reprimand, fine or penalty.
(2)
The designated public official shall notify in writing the affected
generator, contractor or licensee of the alleged failure.
(3)
Hearing.
(a)
Hearings shall be held before a Village of Dansville Justice
within a reasonable period, which shall be at least 10 days after
service of notice.
(b)
The generator, contractor or licensee may be represented by
counsel at the hearing and may offer evidence and cross-examine witnesses.
(c)
Within 20 days after the close of the hearing, said Village
Justice shall:
[1]
Determine whether the alleged failure to comply with this article
has occurred; and
[2]
If said Village Justice determines that such a failure has occurred,
decide whether the generator, contractor or licensee shall be subject
to fine or penalty or an existing solid waste license or contract
or authorized hauler status shall be suspended or revoked or its holder
subjected to a reprimand and issue an order carrying out this decision.
A.
Collection.
(1)
All Village of Dansville residential and commercial properties are
eligible for the Village's brush and yard debris collection program.
However, the brush and yard debris must be generated on the property
from which it is to be collected, and no more than one truckload shall
be picked up per property unless there are exceptional circumstances,
in which case the issue will be brought before the Village Mayor,
Chairman of the Public Works Committee and Superintendent of Public
Works for resolution.
(2)
Brush generated by commercial operators (i.e., tree removal) contracted
by the property owner shall not be eligible for the Village collection
program. Contracted yard debris cleanup (grass clippings, twigs, small
amounts of leaves, etc.) may be placed curbside but only during the
set collection period.
(3)
Brush and yard debris temporarily stored on the property shall be
placed, in as much as structures and lot location allow, to the rear
of the property out of sight of the general public. At no time will
such material be placed in or within 10 feet of a creek or drainage
ditch.
(4)
The Village's brush and yard debris collection program is exclusive
of the fall leaf pickup program.
(5)
Brush and yard debris shall be collected by the Village of Dansville
Department of Public Works the week following the first Saturday of
all even months (February, April, June, August, October and December),
as well as May. No brush and yard debris will be placed curbside prior
to that first Saturday of the collection month.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Brush and yard debris placed curbside for collection will be placed
between the curb and the sidewalk. It shall not be placed in the street
or gutter/drainage area at the edge of the street.
(7)
Brush will be placed curbside in piles not to exceed six feet in
length and four feet in height. Yard debris should be place in environmentally
appropriate paper bags. Plastic bags are prohibited.
(8)
Brush and yard debris shall not be placed on public property such
as parks, parking areas or other public areas.
(9)
Brush and yard debris shall not be placed against utility poles,
fire hydrants, trees, bushes or other permanently placed items that
could thereby hinder emergency services or obstruct collection.
(10)
Brush and yard debris shall not be placed on another person's
property without his/her permission. In any event, if such permission
is granted, the size of the piles of brush and yard debris as well
as the total load shall not exceed those for a single property.
(11)
Village workers will make only one pass per street for the collection
of brush and yard debris. Any such materials placed curbside thereafter
will be subject to enforcement. Persons missing the pickup may take
the material to the Village landfill on Saturdays during the period
of May through November. Times are posted on the Village website at
www.dansvilleny.us. Arrangements on a case-by-case basis may be made
with the Superintendent of Public Works for use of the landfill at
other times.
B.
Penalties for offenses.
(1)
Real estate agents, or the property owner if conducting a private
transaction, shall notify buyers of the requirements of this section
of the article.
(2)
Any person who violates any brush and yard debris provision of this
article shall be notified by the Code and Zoning Enforcement Officer
or Chief of Police of said violation.
(3)
Each violation of this article shall be punishable by a fine not
exceeding $250, imprisonment for not more than 15 days, or both such
fine and imprisonment, for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
White items (refrigerators, sinks, washers and dryers, dishwashers,
stoves, freezers, etc.), appliances (televisions, stereos, etc.),
equipment (tool benches, exercise equipment, etc.) and furniture may
not be put out at curbside for sale or as a "free" item. If pickup
has been arranged with a bona fide hauler, such items may be placed
out 24 hours in advance of the pickup day.
B.
This section also applies to any items left over from a yard/garage
or similar such sale. Depending on size, they should be put in a proper
container and placed curbside for regular trash pickup or recycled
through a thrift organization.
C.
Any white item, appliance, equipment or furniture permitted to be
placed curbside must have all latchable doors removed.
D.
Each violation of this article shall be punishable by a fine not
exceeding $250, imprisonment for not more than 15 days, or both such
fine and imprisonment, for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
All portions of vehicles and containers used to haul, transport or
dispose of recyclable materials, including such containers placed
outside of residences, shall be subject to inspection by any police
officer, peace officer, Code and Zoning Enforcement Officer and any
other public official designated by the Village of Dansville to ascertain
compliance with this article.
B.
Police officers, peace officers, Code and Zoning Enforcement Officers
and the specified public servants are hereby authorized and directed
to issue appearance tickets for violations of this article.
C.
Penalties.
(1)
Civil sanctions. The Village of Dansville may commence a civil action
to enjoin or otherwise remedy any failure to comply with this article.
(2)
Criminal penalties. In addition to the civil sanctions provided herein,
failure to comply with this article or the rules and regulations promulgated
hereunder shall be a violation as defined in § 55.10 of
the Penal Law, and penalties may be imposed thereunder.
(3)
Any penalties or damages recovered or imposed under this article
are in addition to any other remedies available at law or equity.
(4)
Except in the case of brush and yard debris, no penalties, fines,
civil sanctions or other enforcement actions will commence prior to
June 1, 2013, in order to permit persons regulated hereunder to come
into compliance with this article.
