[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-1991 by L.L. No. 1-1991]
This article shall be known and may be cited as "A Local Law Safeguarding and Protecting the Public Safety, Health and General Welfare of the Inhabitants of the Village of Oakfield by Specifying the Manner of Garbage and Refuse Collection and/or Disposal in the Village of Oakfield."
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- CONSTRUCTION WASTE
- Waste from building construction, alterations or repair, dirt from excavations or similar waste products from construction sites.
- Animal wastes, fish, fowl, fruit, vegetable matter and such similar wastes incident to the preparation, cooking and serving of food and the handling, storage and sale of food and produce products.
- PRIVATE COLLECTOR
- Any person offering to collect and dispose of refuse materials from private properties for financial remuneration.
- Solid waste products and materials incident to housekeeping and the conduct of commercial enterprises, including, but not limited to, garbage, paper, cartons, boxes, wood, discarded furniture, metal, tin cans, glass, dirt, ashes and similar solid waste products. The term "refuse" shall be inclusive of all other terms therein defining any other wastes.
- RUBBISH OR TRASH
- All other miscellaneous solid waste materials and refuse from housekeeping and commercial enterprises other than garbage and construction waste.
Refuse shall not be permitted to accumulate on any private or public property within the Village in such manner as would tend to create a nuisance, health menace or in any manner be injurious to the health or welfare of the inhabitants of the Village.
It shall be unlawful and a violation of this article for any person, corporation, association, etc., being the owner, tenant or person, etc., in title and/or in possession of real property, to accumulate and/or store, for any purpose whatsoever, used vehicle tires exceeding, in the cumulative, 1,000 cubic feet.
Containers. All refuse containers shall be of metal or plastic construction, leakproof with tight-fitting lids or covers, and shall be kept in a sanitary condition. Nothing in this subsection shall be construed to prohibit the use of plastic garbage bags properly tied, undamaged and used in the manner for which they were intended, provided that no approved container or bag shall be placed at curbside sooner than 24 hours before scheduled pickup.
The disposal of refuse in the Village shall be the responsibility of the person, corporation, association, etc., being the owner, tenant or person, etc., in title and/or in possession of real property.
License required; regulations. Persons may be licensed as private collectors to collect refuse at no cost to the Village, provided that such collection is performed in accordance with the provisions of this article and any regulations adopted pursuant hereto and produces no objectionable conditions in or on the streets of the Village.
Application. Private collectors shall apply to the Village Board of Trustees for a license before engaging in the refuse collection business, and if such application is approved by the Village Board of Trustees, a license shall be issued by the Village Clerk-Treasurer. Private collectors shall provide the Village Board of Trustees with times of scheduled pickup so that the Village may monitor compliance with this article and any regulations related hereto.
Fee. The fee for a private collector's license shall be as set from time to time by resolution of the Board of Trustees per year for each vehicle used in a collector's business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Term; display. Each license shall be issued for the calendar year only, regardless of the date of issuance. The collector's license shall be publicly displayed on each vehicle so licensed.
Every vehicle used to collect and remove refuse in the Village by a licensee under this article shall be constructed and equipped as follows:
Construction of the vehicle shall be such that trash or rubbish loaded thereon shall be securely contained.
The vehicle shall be equipped with a permanently attached cover, either of rigid construction or a fabric material.
The vehicle shall be equipped with sides of rigid material, either wood or metal, of such type so as to securely contain trash and rubbish.
The vehicle shall be equipped with a solid tailgate or rear doors of rigid construction of a height equal to the sides of the truck which, when closed, shall securely hold or contain all trash or rubbish.
It shall be unlawful for any person to deposit, dump, scatter or leave any refuse or other offensive material upon any vacant private property or upon any public street, alley, or other public property, except where certain of these materials are used in a normal manner for improving property by grading, filling, fertilizing or resurfacing.
Refuse scheduled for pickup shall be placed at curbside no sooner than 24 hours prior to that scheduled pickup.
No person shall disturb or remove any refuse placed for private collection unless authorized by the owner, tenant or occupant of the premises from which the refuse originated.
The Board of Trustees may prepare and publish such additional rules and regulations, not inconsistent herewith, as may be necessary for the effective enforcement and administration of the provisions of this article. A violation of any such rules shall be punishable as a violation of this article.
Any person violating any provision of this article shall be punishable by a fine of not more than $250 or imprisonment in the county jail for not more than 15 days, or both, for a first offense, a fine of not more than $500 or imprisonment in the county jail for not more than 30 days, or both, for a second violation and a fine of $1,000 or imprisonment in the county jail for not more than 90 days, or both, for a third and subsequent violation of this article.
[Adopted 8-24-1992 by L.L. No. 2-1992]
The Village finds that the removal of certain materials from the solid waste stream will decrease the amount of solid waste disposed of in landfills and aid in the conservation of valuable resources.
The Village finds that the New York Solid Waste Management Act of 1988 requires all municipalities to adopt a local law or ordinance by September 1, 1992, requiring separation of recyclable and reusable material from solid waste.
The Village finds that in order to protect the health, safety, and welfare of the people of the Village, it is necessary for the Village to enact this article in order to encourage and facilitate the maximum recycling practicable on the part of every household, business and institution within the Village.
The Village declares that the purpose of this article is to establish and implement recycling-related practices and procedures to be applicable to all waste generators and waste haulers within the Village.
As used in this article, the following terms shall have the following meanings:
- AUTHORIZED FACILITY
- A public or private facility or facilities where recyclables may be delivered for disposal, including, but not limited to, dropoff centers, materials recovery facilities, or other such public or private facilities.
- Any material designated from time to time by resolution of the Village Board, provided that such material is not hazardous and can be reasonably separated from the solid waste stream and held for material recycling or reuse value.
- SOLID WASTE
- 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 the owners at the time of such discard or rejection, or are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or an 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.
- SOURCE SEPARATION
- The segregation of recyclable material from the solid waste stream at the point of generation for separate collection, sale or other disposition.
- The Village of Oakfield, Genesee County, New York.
- WASTE GENERATOR
- Any person, household, business, governmental agency, municipality of other legal entity which produces solid waste requiring off-site disposal.
- WASTE HAULER
- Any person or legal entity engaged in the commercial collection, transportation and/or disposal of solid waste and/or recyclables generated, originated or brought within the Village.
Editor's Note: See 42 U.S.C. § 2011 et seq.
Each waste generator in the Village shall source-separate recyclables from solid waste.
Each waste generator in the Village shall provide for the removal of recyclables from the property on which they are generated, either by a service provided by a municipality, or by a private hauler, or by direct haul by the individual waste generator to an authorized facility.
Said removal, whether done by the waste generator or a waste hauler, shall be done in such manner that the source-separated recyclables shall remain segregated upon delivery to the site to which they are removed from the place of generation.
Recyclables or solid waste placed at roadside or other places for the purpose of facilitating pickup and removal from the waste-generating site shall not be so placed earlier than the afternoon on the day preceding the day for collection of such recyclables or solid waste.
Nothing in this article is intended to prevent any waste generator from making arrangements for the reuse, private collection, sale or donation of recyclables.
All waste haulers shall offer or cause to be offered to all their customers collection, transportation and disposal services for recyclables to the same extent any such waste hauler offers collection, transportation and disposal services for solid waste. Such services shall be provided with the same frequency as solid waste pickup, transportation or disposal services are provided.
No waste hauler shall accept for collection solid waste which has not been source-separated or is hazardous waste.
All waste haulers must maintain records of recyclables collected and supply such reports to the Village as often as reasonably requested by the Village but at least once per year.
The Village may inspect all portions of vehicles and/or containers used in the collection, transportation and/or disposal of solid waste and/or recyclables, including, but not limited to, containers placed at the curbside or residences, to ascertain compliance with the terms and conditions specified in this article.
Failure of a commercial waste generator to comply with the provisions of this article shall result in a fine for each violation as follows:
The Village shall be primarily responsible for the enforcement of this article and collection of all fines and penalties provided herein; however, authority to delegate said responsibility shall be reserved to the Village.
If any part of this article is for any reason, held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this article.
This article shall take effect September 1, 1992.