[Adopted 4-30-1986 by L.L. No. 4-1986; amended in its entirety 4-17-2018 by L.L. No. 6-2018]
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
ASHES
The residue from the burning of wood, coal, coke or other
combustible materials.
BULKY WASTE
Large items of waste material, such as appliances, furniture,
and auto parts.
COMMERCIAL
Any private business operation generating not more than six
thirty-two-gallon containers per week and each container not weighing
any more than 50 pounds.
CONTAINERS
Metal or plastic cans or plastic bags (minimum 1.5 mil thickness);
each container shall hold a maximum of 34 gallons and not weigh more
than 40 pounds.
[Amended 9-17-2019 by L.L. No. 2-2019]
FAMILY UNIT
One family unit living independent of any other.
GARBAGE
Animal, vegetable, fruit or similar organic wastes liable
to become putrid, including wastes resulting from the handling, preparation,
cooking or storage of foods.
MIXED PAPERS
Catalogs, junk mail, NCR paper, envelopes, file cards and
folders, glossy newspaper inserts, magazines, computer printouts and
nonmetallic wrapping paper, kept dry and clean.
NONRECYCLABLE REFUSE
Rags, sweepings, rubber, leather, crockery, shells, clothing,
dirt, ashes, wastewater, light bulbs, batteries, dishes, mirrors and
similar waste material,
PREMISES
Land, buildings or other structures, vehicles, watercraft
or parts thereof upon or in which refuse is stored.
RECYCLABLE REFUSE
Clean metal food containers, clean glass bottles (caps removed),
dry newspaper, dry mixed papers and plastic containers [SPI coding
system No. 1, PET (polyethylene terephthalate), No. 2, HDPE (high-density
polyethylene), No. 3, PVC (polyvinyl chloride), No. 4, LDPE or PE-LD
(low-density polyethylene), No. 5, PP (polypropylene), No. 6, PS (polystyrene),
and No. 7, OTHER or D (other plastics, such as acrylic, nylon, polycarbonate,
and polylactic acid, and multilayer combinates of different plastics)].
REFUSE
All solid wastes, including garbage and yard waste, but not
including human wastes.
YARD WASTE
Refuse resulting from the collection and disposal of natural
items indigenous to the exterior portions or yards of residential
premises, such as branches, tree trimmings, hedge clippings, grass
cuttings, leaves and other such natural material.
There is hereby created a Department of Public Works which shall
be under the supervision and control of the Superintendent of Public
Works. The Superintendent of Public Works shall have the responsibility
for the operation and for the collection and disposal of refuse by
the Department of Public Works. The Superintendent of Public Works
is hereby empowered to make and publish regulations implementing this
article concerning such matters as the days for the collection of
garbage and rubbish, the location of refuse containers and all other
matters relating to the storage, collection and disposal of refuse
which he deems advisable, provided that such regulations are not contrary
to the provisions of this article.
No household waste, commercial waste or building waste shall
be stored or accumulated on any premises within the Village except
as permitted by this article. Refuse may not be placed or stored in
the street or gutters. Refuse may not be stored on sidewalks, rights-of-way
or in any public place except as directed herein or by the Superintendent
of Public Works.
Refuse containers shall be maintained free from excessive odor
and in clean and good condition by the owner thereof. In the event
that a container on premises served by the Department of Public Works
becomes dangerous or is liable to injure or hinder the person collecting
the contents thereof, said container shall be replaced by the owner
thereof with a proper and safe container within one week after the
receipt of a written notice from the Superintendent of Public Works.
The following refuse shall not be considered acceptable by the
Department of Public Works during regular weekly collection:
A. Materials resulting from the repair, construction, alteration or
excavation of buildings or structures, streets or sidewalks, such
as earth, plaster, mortar, concrete, bricks, lath and roofing materials.
B. Dangerous materials or substances, such as poisons, acids, caustics,
infected materials, explosives, ashes, medical waste, hazardous waste
and household sharps (including needles, syringes and lancets).
C. Materials which have not been prepared in accordance with the provisions
of this article.
D. Solid wastes resulting from industrial processes.
E. Large items such as furniture, rugs, mattresses and appliances.
F. Raw garbage, such as food scraps, not wrapped or not placed in a
container, such as a plastic bag.
G. Should the Village of Massena remove the unacceptable refuse (up
to 1,000 pounds), after giving proper notification to owner of the
property, there shall be a minimum charge of $200 assessed to said
owner(s). Additionally, charges shall be assessed as the weight exceeds
1,000 pounds.
All refuse service charges, penalties and interest thereon shall
be a lien upon the real property benefited by the refuse collection
and disposal service from the date that the refuse service charge
is due and payable, and such lien shall be prior and superior to every
other lien or claim, except the lien of an existing tax or local assessment.
The Board of Trustees may certify to the Village Clerk the amount
of any such lien which has not been paid at the time and in the manner
prescribed by such Board, with a description of the real property
affected thereby, and the Board of Trustees may include such amount
in the annual tax levy and shall levy the same upon the real property
in default.