[HISTORY: Adopted by the Board of Trustees
of the Village of Canastota 10-17-1994 by L.L. No. 2-1994; amended in its entirety 6-18-2018 by L.L. No. 3-2018. Subsequent amendments noted where applicable.]
A.
The owner, lessee, tenant or any other person who has the management
or control of or who occupies any lot or plot of land in the Village
shall keep such land at all times free and clear of accumulations
of discarded and/or unused personal items, ashes, rubbish, garbage
refuse, grass cuttings, tree cuttings, leaves, and/or other offensive,
unhealthy, harmful or unsightly substances on any lot or plot within
the Village. The requirements of this subsection shall not be deemed
to prohibit the accumulation or placement of materials for pickup
by the Village in accordance with applicable provisions of this Code
and policies and procedures established by the Board of Trustees.
B.
It shall be unlawful for any person to place or deposit any substance or material described in Subsection A above on any public property other than in a receptacle intended for public use and placed within the boundaries of a street or park for the purpose of such public use.
C.
It shall be unlawful for any person to place or deposit any substance or material described in Subsection A above on or within any private property, including any receptacle or enclosure, not owned by the person or business placing and/or depositing the garbage or rubbish, except upon the permission of the owner of such private property.
A.
It shall be the duty of every person having the management or control
of or occupying any land or building to provide sufficient receptacles
to hold all accumulations of waste and recyclable materials ordinarily
accumulated on the premises. Garbage containers shall be made of metal
or rigid plastic unless another material or substance is duly approved,
in writing, by the Superintendent of Public Works, and shall have
lids or covers that securely fasten to the containers. All such containers
shall be stored either inside a building or outdoors in a location
to the rear of the front of the principal structure upon the premises.
B.
Each such receptacle provided for in Subsection A above shall not be larger than 33 gallons by volume nor 75 pounds by weight.
C.
The Village may, by resolution of the Board of Trustees adopted from
time to time, establish a maximum amount of material, by weight or
volume, which may be collected at any premises.
A.
The Village shall provide regular collections of all domestic waste and domestic recyclable materials from one-, two-, three- and four-family residential units by means of a contract approved by the Board of Trustees, as often and during such specified hours as shall be prescribed by the Board of Trustees. Collection shall be made from receptacles meeting the requirements of § 155-2 above when placed on any such premises in readily accessible locations. No person shall put out, either to curbside or such other designated pickup location, earlier than 3:00 p.m. the day before the scheduled pickup. All such containers must be removed from the curbside or other designated pickup location and returned to a location meeting the requirements of Subsection A of § 155-2 above by 11:59 p.m. on the day of the pickup. The Village shall have the right to omit collections from any premises where any agents of the Village may be subject to any unnecessary danger or hazard.
B.
It shall be unlawful for any person to place, deposit or put out
for curbside collection in the Village any garbage, rubbish, trash,
recyclables, or waste or discarded material of any kind that was not
generated and/or accumulated within the Village. No such materials
may be transported into the Village for curbside pickup. Notwithstanding
the foregoing, this provision shall not be interpreted as prohibiting
any property owner within the Village from putting out for curbside
collection litter collected from streets and parks as a public service
as long as all other requirements and limitations for curbside collection
are satisfied.
C.
The owner, lessee, tenant or other person who has management or control
of or who occupies any parcel of land or structure within the Village
of Canastota with five or more residential units or any other nonresidential
unit shall be responsible for the collection and proper disposal of
all domestic waste and domestic recyclable material.
D.
The owner, lessee, tenant or other person who has management or control
of or who occupies any parcel of land or structure within the Village
of Canastota shall be responsible for the collection and proper disposal
of all construction and building material.
E.
The disposal of yard waste shall be in accordance with the established
policy and procedures of the Village of Canastota.
F.
It shall be unlawful for any person or company to run or conduct
any truck or other vehicle for the collection or transportation of
garbage, rubbish or refuse in the Village unless the body of said
vehicle is enclosed or otherwise covered so as to prevent said garbage,
rubbish or refuse from spilling, falling or otherwise littering on
the streets.
Any accumulations of waste materials resulting from the failure
of any person to comply with any provision of this chapter or from
the failure of such person to take advantage of the regular collection
service maintained or otherwise provided for by the Village and any
waste building materials or other waste materials in excess of ordinary
household waste of such materials shall be removed by such person
at his or her expense.
A.
The following conditions are declared a public nuisance and shall
be prohibited on all properties within the Village except as set forth
herein:
(1)
Growths of ragweed, poison ivy, poison sumac, poison oak and similar
plants.
(2)
Any growth of grass, weed or undergrowth higher than six inches.
(3)
Growths of bushes obstructing a public walkway, driveway or street.
(4)
Stagnant or unsanitary water.
(5)
Dead trees, or portions thereof deemed hazardous to the public or
to adjacent property.
B.
All property, occupied or vacant, improved or unimproved, shall be maintained free of the nuisance conditions prohibited in Subsection A above, except that grass, weeds and undergrowth higher than six inches are permitted in the following locations:
(1)
On portions of undeveloped property behind a wooded tree line.
(2)
On portions of unsubdivided lands more than 100 feet from a public
sidewalk or a street open to the public.
(3)
On portions of undeveloped lots in a subdivision less than 60% developed
lying more than 100 feet from a public sidewalk or public street.
C.
Maintenance of alleys and parkways. A property owner shall also be
responsible for maintaining the following public access areas immediately
abutting the owned property as set forth in this article:
[Amended 5-16-2022 by L.L. No. 3-2022[1]]
A.
Any person
or persons violating any of the provisions of this chapter shall be
guilty of an offense and shall be punished, upon conviction, by a
fine of not more than $250. Each day's continued violation shall constitute
a separate and additional offense hereunder.
This chapter is in addition to all applicable laws of the State
of New York and the United States of America, and in no way is intended
to conflict with said laws, and this chapter shall be construed accordingly.
Any section of this chapter or part thereof which conflicts with or
is found to be in violation of any applicable state or federal law
shall not invalidate any other section of this chapter or part thereof.
