[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.
GARBAGE
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.
REFUSE
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.
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.
Every vehicle used to collect and remove refuse in the Village
by a licensee under this article shall be constructed and equipped
as follows:
A. Construction of the vehicle shall be such that trash or rubbish loaded
thereon shall be securely contained.
B. The vehicle shall be equipped with a permanently attached cover,
either of rigid construction or a fabric material.
C. 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.
D. 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.
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]
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.
RECYCLABLES
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.
VILLAGE
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.
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.