[HISTORY: Adopted by the Town Board of the
Town of Geneva 5-27-1972 as Ch. 48 of the 1972 Code. Amendments noted
where applicable.]
[Amended 1-9-2018 by L.L.
No. 1-2018]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not limited to, waste food, papers, dead
animals or parts thereof and all waste or discarded wood, lumber or
vegetable matter of any kind or any other matter which shall be inflammable
or capable of fermentation or decay.
Includes, but is not limited to, waste metal, tin cans, ashes,
cinders, glass, pottery and all discarded substances of a solid and
incombustible nature.
[Amended 12-23-1997 by L.L. No. 5-1997]
No person shall throw, dump or deposit or cause
to be thrown, dumped or deposited in any part or portion of the Town,
any garbage, rubbish or abandoned vehicles or parts thereof, from
any source whatsoever, and no person shall permit such throwing, dumping
or depositing of any of the same upon any property owned, leased or
controlled by such person in said Town, except in and upon such lands
as may be established, designated and controlled by the Town Board
as a public dumping ground or a Town-designated garbage, rubbish and
recyclable transfer station and there subject to all rules, regulations,
ordinances and statutes now or hereafter adopted pertaining thereto.
The prohibitions of this chapter shall not apply
to any resident of the Town who may, on lands occupied by such resident,
dispose of such garbage or rubbish which originates from the use and
occupancy of his or her lands, provided that such disposition is made
in such manner as not to endanger the health and welfare of the residents
of the Town or create a public nuisance.
The use of any public dumping grounds so established,
designated and controlled by the Town Board shall be subject to the
following rules and regulations:
A.
Garbage prohibited. No person shall deposit, dump
or leave thereon or cause to be deposited, dumped or left thereon
any garbage, as herein defined, or any material, waste or offal of
any kind which shall give off any offensive odor, either when left
upon the premises or thereafter, or which creates or may thereafter
create a nuisance of any kind or which shall be or may become dangerous
to human or animal life.
B.
Compliance with direction. No person shall deposit,
dump or leave thereon or cause to be deposited, dumped or left thereon,
any rubbish, as herein defined, or any substance of any kind, except
at the places and in the manner directed by said Town Board, or the
person in charge of said dumping grounds under authority of said Town
Board, whether such direction is given personally by said person in
charge or by another person by his or her authority or by a sign or
signs erected upon said dumping grounds by his or her authority or
by authority of the Town Board.
C.
Restrictions on residency.[1] No person shall deposit, dump or leave thereon or cause
to be deposited, dumped or left thereon any garbage, rubbish or abandoned
vehicles or parts thereof or any material or substance of any kind
whatsoever unless he or she shall be a resident of or be conducting
an established business in said Town, or a resident of or conducting
an established business in a town, village or city with which the
said Town has entered into an agreement then in force for the maintenance
of a public dumping ground to be used in common.
D.
Permit to operate dumping grounds. No person shall
undertake to do any work or to control, manage or supervise any operation
involving labor or equipment in or upon or in connection with said
public dumping grounds, except by and pursuant to the provisions,
terms and conditions of a written permit duly issued by him or her
by resolution of said Town Board; which said permit, and any and all
authority granted to him or her thereby, shall be revocable at any
time by resolution of said Town Board without notice.
[Added 1-9-2018 by L.L. No. 1-2018[1]]
Use of the Town transfer site is subject to rules and regulations
promulgated by resolution adopted by the Town Board of the Town of
Geneva.
[1]
Editor's Note: This local law also repealed former § 132-5,
Trash transfer site, adopted 2-9-1988 by L.L. No. 1-1988, as amended.
[Added 4-10-2018 by L.L. No. 3-2018[1]]
A.
No person shall accumulate or permit the accumulation of garbage,
rubbish or 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 or for composting
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.
B.
Every owner, tenant or occupant of any building, premises or place
of business shall provide or cause to be provided and at all times
keep suitable, sufficient and watertight receptacles (certain composting
containers excepted), with tight-fitting covers, for receiving and
containing garbage, rubbish or refuse that may accumulate or be used
upon the premises. No such receptacles shall be kept near any public
place longer than may be necessary for the removal of the contents.
C.
Garbage, rubbish or refuse containers shall be placed at the curb
or by the road no earlier than the afternoon before the day of collection,
and shall be removed no later than the day of collection.
D.
No person shall throw or deposit or cause to be thrown or deposited
any garbage, rubbish, refuse, hazardous waste or recyclable materials
in or upon any portion of a public right-of-way, road or place or
on any property not owned or occupied by the person, nor in any garbage,
rubbish or refuse container not owned, leased or rented by the person.
[Added 4-10-2018 by L.L. No. 3-2018]
The Code Enforcement Officer of the Town of Geneva, or a Deputy
Code Enforcement Officer, shall administer and enforce all the provisions
of this chapter. The Code Enforcement Officer, or a Deputy Code Enforcement
Officer, shall have the following powers and duties:
A.
To review and investigate complaints;
B.
To conduct inspections incidental to the investigation of complaints
and to conduct inspections incidental to the Code Enforcement Officer's
own witnessing of violations of this chapter;
C.
To maintain records;
D.
To pursue administrative enforcement actions and proceedings;
E.
In consultation with the Town's attorney, to pursue such legal
actions and proceedings as may be necessary to enforce this chapter;
and
F.
To issue an appearance ticket to any person whom the Town of Geneva
Code Enforcement Officer has reason to believe has violated this chapter,
causing such person to appear before the Town Justice.
[Added 4-10-2018 by L.L. No. 3-2018]
The Code Enforcement Officer shall review and investigate complaints
that allege or assert the existence of conditions or activities that
fail to comply with this chapter. The process for responding to a
complaint or upon the Code Enforcement Officer witnessing a violation
of this chapter shall include such of the following steps:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection.
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation. The Town of Geneva Code Enforcement Officer shall
personally serve such notice(s) within the Town of Geneva or shall
post a copy of the violation on the property if an owner or responsible
person cannot be found to personally serve. If the owner of said property
is a nonresident of the Town of Geneva or if the Code Enforcement
Officer was unable to personally serve the owner, a notice to cure
the violation shall also be mailed to such owner by registered mail,
addressed to his or her last known address.
C.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
