As used in this chapter, the following terms shall have the
meanings indicated.
CARTER
A person or entity engaged in the business of removing garbage,
ashes or refuse from premises or places.
[Added 12-2-2013 by L.L.
No. 4-2013]
DUMPSTER
Any container used in the normal course of demolition or
construction for the purpose of storing, containing and/or carting
debris of any kind, or any container employed for garbage or refuse
collection, provided by a garbage or refuse service for commercial
or residential collection or mass storage of garbage and refuse, where
the volume of the same shall exceed 55 gallons.
GARBAGE
Includes offal, filth, dirt, ordinary kitchen, cooking and
household wastes, decaying vegetables, animal matter and food containers
of metal, glass, paper, plastic and other similar material.
PERSON
Includes any individual, firm, partnership, corporation,
municipality or association of persons.
PRIVATE CARTER
A carter which is not owned or employed by the Village of
Fort Edward.
[Added 12-2-2013 by L.L.
No. 4-2013]
SOLID WASTE
Garbage, refuse and other discarded materials, including
but not limited to solid, semisolid, liquid and contained gaseous
materials resulting from municipal, industrial, commercial, agriculture
and residential units.
[Added 12-2-2013 by L.L.
No. 4-2013]
A. Persons
or entities engaged in the business of removing garbage or refuse
from residential premises located within the Village shall perform
such services only:
(1) Wednesdays
and Thursdays between 6:00 a.m. and 6:00 p.m.;
(2) On weeks that contain national holidays, garbage may be collected on the day preceding or succeeding the normally scheduled pick-up day in conformity within the time frames as set forth in Subsection
A(1) above.
(3) At
other such hours as the Board of Trustees, by resolution, may direct.
B. In no case,
however, shall the permitted hours of collection for private carters
be less than the hours that the Village of Fort Edward utilizes for
garbage and refuse collection.
C. The above subsection in this within provision entitled Subsection
A shall be in full force and effect commencing on March 1, 2014, and shall continue at all times thereafter.
[Added 12-2-2013 by L.L.
No. 4-2013]
A. All private
carters which perform work or provide services to any premises or
place within the Village shall first obtain a license before commencing
operation within the Village boundaries on such forms as the Board
of Trustees may approve, and provided that a permit fee of $250 per
year is paid at the time of application.
B. Private
carters shall have and demonstrate that they have workers' compensation
insurance coverage for all its employees who work or provide services
within the Village.
C. Private
carters.
(1) All
private carters performing work or providing services to any premises
or place within the Village must demonstrate, in written format, compliance
and that they have an active recycling program, prior to issuance
of an operating Village license.
(2) The
recycling program must address and provide for the recycling of all
recyclable material as identified by the Department of Public Works
Superintendent or such other official as may be designated by the
Board of Trustees, or the Board of Trustees. The Department of Public
Works Superintendent or such other official as may be designated by
the Board of Trustees, or the Board of Trustees, is empowered to amend
the list of recyclables, upon written notification to all private
carters. Following proper notification, private carters must implement
all changes within a thirty-calendar-day period. Failure to implement
required changes to the recycling effort shall be sufficient reason
to suspend the private carter's operating license within the Village.
D. The above subsections in this within provision entitled Subsections
A,
B and
C shall be in full force and effect commencing on January 1, 2014, when on or before such date, private carters doing business in the Village of Fort Edward or those intending to do business in the Village of Fort Edward must comply with the provisions entitled Subsections
A,
B and
C of this section.
Owners and occupants of occupied premises and owners and persons
in charge of unoccupied premises, including vacant lots within the
Village, are hereby charged with the duty of maintaining such premises
at all times in a sanitary, clean and tidy condition and so as to
prevent the accumulation there of solid waste which constitutes a
nuisance or fire hazard.
All garbage and solid waste shall be kept and disposed of in
the following manner:
A. No garbage receptacles shall be stored on or in any front yard. Garbage
receptacles may be kept in side or rear yards but shall be screened
and not visible from the street.
B. All garbage receptacles or containers of rubbish shall be set out
for collection no earlier than 6:00 p.m. on the day prior to the day
scheduled for collection.
[Amended 12-2-2013 by L.L. No. 4-2013]
C. All garbage receptacles or containers and any uncollected materials
shall be removed from the curbside no later than 6:00 p.m. on the
day scheduled for collection.
[Added 12-2-2013 by L.L.
No. 4-2013]
D. All garbage and materials set out for collection must only include
materials authorized for collection by the Village or the private
carter.
[Added 12-2-2013 by L.L.
No. 4-2013]
It shall hereafter be unlawful for any person or entity to landfill,
incinerate and/or store solid waste, including but not limited to
garbage, refuse, industrial and commercial waste, rubbish, ashes,
incinerator residue, demolition and construction debris and all hazardous
waste, within the Village of Fort Edward. Nothing herein shall be
construed to restrict or impede any lawfully conducted recycling operations
within the Village of Fort Edward.
This chapter, as adopted, shall not invalidate any presently
existing solid waste contract to which the Village of Fort Edward
is a party.
[Added 12-2-2013 by L.L.
No. 4-2013]
This chapter shall take effect upon filing in the office of
the New York State Secretary of State.