Town of Marcellus, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Marcellus as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1990 by L.L. No. 2-1990; amended in its entirety 3-11-1991 by L.L. No. 2-1991]
The purpose of this article shall be to protect and promote the health, safety and welfare of the people in the Town of Marcellus by controlling littering and regulating the storage of garbage and refuse within the Town of Marcellus.
For the purpose of this article, the following words, phrases and terms and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular, words used in the singular number include the plural and words in the masculine include the feminine. The word "shall" is always mandatory and not merely directory.
ABANDONED AUTOMOBILES
A motor vehicle, as defined herein, no longer in condition for use for which it was intended.
[Added 7-8-2002 by L.L. No. 2-2002]
AUTHORIZED PRIVATE RECEPTACLE
A litter storage and collection receptacle of steel, aluminum or plastic of 10 to 30 gallons' capacity with tight cover, or larger steel container with closed lid.
GARBAGE
Putresecent animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
LITTER
Garbage, refuse, and rubbish, as defined herein, and all other waste materials which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare of tends to create blight.
MOTOR VEHICLE
Includes all vehicles as defined by NYS Vehicle and Traffic Law § 125. The term "motor vehicle" shall also include "all terrain vehicles" as defined by NYS Vehicle and Traffic Law § 2281 and snowmobiles as defined by NYS Vehicle and Traffic Law § 2221.
[Added 7-8-2002 by L.L. No. 2-2002]
PARK
A park, playground, recreation center or any other public area in Town, owned by the Town and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
Any house, building or other structure not owned or operated by the Town, whether inhabited or temporarily or continuously uninhabited or vacant, including any yard, ground, parking lot, walk, driveway, porch steps, vestibule, or mailbox belonging or appurtenant to such house, building or other structure.
PUBLIC PLACE
Any and all streets, highway rights-of-way, sidewalks and other public ways and any and all public or quasi-public parks, spaces, grounds and buildings, including school grounds.
REFUSE
All putrescent and all nonputrescent solid wastes including garbage, rubbish, ashes, incinerator residue, street cleanings, offal, dead animals, abandoned automobiles, and any parts thereof, agricultural wastes, excluding usable agricultural equipment, commercial debris, including commercial and industrial equipment having no value other than scrap metal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
RUBBISH
Nonputrescent and putrescent solid waste consisting of both combustible and noncombustible wastes, such as but not limited to paper wrappings, cardboard, tin cans, wood, glass, bedding, and crockery.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
TOWN
The Town of Marcellus.[1]
[1]
Editor's Note: The definition of "vehicle," which immediately followed this definition, was repealed 7-8-2002 by L.L. No. 2-2002. See now the definition of "motor vehicle" above.
A. 
Litter in public places; placement in receptacles.
(1) 
No person shall throw or deposit litter in or upon any street, highway, right-of-way or other public places within the Town, except in public receptacles or in authorized private receptacles for collection. No person shall throw or deposit litter in any private receptacle which he does not own without the consent of the owner thereof.
(2) 
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place or upon private property.
(3) 
No person shall sweep into or deposit in any gutter, street, highway right-of-way or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
(4) 
No person shall sweep into, throw, deposit or cause to be deposited in any gutter, street, highway right-of-way or other public place within the Town any accumulation of dirt, mud, stone, or combination thereof. The owner of the property, the lessee of property and, as the cause may be, the operator of any business thereon, including the business of building construction, shall take the steps necessary to prevent dirt, mud, and stone from being deposited in any gutter, street, highway right-of-way or other public place by any person, vehicle, or natural means such as but not limited to erosion and runoff from said property. Nothing contained in this subsection shall be constructed as prohibiting the use in a reasonable manner of sand or stone for the purpose of reducing the hazard of, or providing traction on, snow, ice, or sleet.
B. 
Litter from vehicles.
(1) 
No person shall throw or deposit litter from any vehicle upon any street or other public place within the Town or upon private property.
(2) 
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street or other public place or private property.
C. 
Litter in parks, rivers, and streams.
(1) 
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park upon any street or other public or private place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly deposited of elsewhere as provided herein.
(2) 
No person shall throw or deposit litter in any pond, river, stream or any other body of water in a park or elsewhere within the Town.
D. 
Litter on private property.
(1) 
No person shall throw or deposit litter on any private property within the Town, whether owned by such a person or not and whether occupied or vacant, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, highway right-of-way, sidewalk or other public place or upon private property.
(2) 
No person, as owner, occupant, lessee or agent, or in any capacity shall store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors on any private property any abandoned, junked, discarded, wholly or partially dismantled, unlicensed or unregistered motor vehicle, or litter upon any private property within the Town. This section shall not apply to one temporarily stored operable, undismantled motor vehicle or any litter or debris temporarily stored or placed in a container for collection or disposal.
[Amended 7-8-2002 by L.L. No. 2-2002]
A. 
Generally. No garbage or refuse shall be stored or accumulated on any premises within the Town of Marcellus except as permitted by this article.
B. 
Accumulation of garbage and refuse for collection. No person shall allow accumulation of garbage or refuse upon the premises owned or occupied by him, except for the purpose of being collected. See Chapter 82, Open Burning, of the Town Code for restrictions on burning of garbage, rubbish or refuse and recreational fires.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Required number of receptacles. Every person who is owner, lessee or occupant of any residence, building, premises or place of business with the Town shall provide, or cause to be provided, and at all times keep suitable and sufficient authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place longer than may be necessary for the removal of the contents thereof. All receptacles used for the reception of garbage or refuse shall be provided with proper covers and such receptacles shall at all times be securely closed and watertight.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Large receptacles.
(1) 
No person shall maintain or cause to maintained, on any premises, a one-and-one-half-cubic-yard-or-larger receptacle for garbage or refuse, commonly known as a dumpster, unless at all times said receptacle meets the following requirements:
(a) 
The receptacle owner's name must be clearly displayed on the receptacle in lettering no smaller than four inches and no larger than six inches;
(b) 
The receptacle must be adequately painted in a solid color and kept free of rust;
(c) 
The receptacle must display reflectors or reflectorized tape;
(d) 
The area around the receptacle must be kept free of debris and spillage;
(e) 
The receptacle top must be closed securely except when garbage or refuse is actually being deposited in the receptacle; and
(f) 
The receptacle must be watertight and free of leakage.
(2) 
The requirements of Subsection D(1)(e) and (f) above shall not apply to receptacles which are used exclusively for the following purposes:
(a) 
The storage and collection of used beverage containers; or
(b) 
The collection and temporary storage of construction or demolition debris at a job site for a period not to exceed six months.
[Added 7-8-2002 by L.L. No. 2-2002]
A. 
Inspection. Whenever it shall appear that the provisions of this article, as amended, are violated, the Code Enforcement Officer shall make an inspection of the property involved and shall prepare a written report of the conditions found, which report shall be filed with the Town Board.
B. 
Notice of violation.
(1) 
If conditions existing on the inspected property violate the provisions of this article, the Code Enforcement Officer shall serve or cause to be served a written notice of such violation, referred hereinafter as a "notice of violation," either personally or by certified mail, upon the owner or owner's agent as well as upon the lessee or occupant of said property.
(2) 
Said notice shall contain substantially the following: the name of the owner, lessee or occupant of the property; the address or location of the property; the identification of the property as the same appears on the current assessment roll, a statement of the conditions on the property deemed upon inspection to be in violation of this article; demand that the motor vehicle, litter is determined to be in violation of this article be removed from the property on or before 10 days after the service or mailing of such notice; a statement that a failure or refusal to comply with the provisions of this article and the notice given pursuant thereto within the time specified may result in a duly authorized officer, agent or employee of the Town entering upon the property and removing such motor vehicle, litter and causing the same to be disposed of or otherwise destroyed, and that the cost and expense of such removal and disposal or destruction shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
(3) 
Said notice shall also contain the date, time, and location at which the Town Board will conduct a public hearing to determine whether the conditions upon the subject property constitute a public nuisance. Said notice shall state that the property owner, his/her agent, lessee or occupant is entitled to be heard at such hearing and present evidence or testimony. The date of such public hearing must be at least 10 days after service or mailing of the notice of violation. Notice of the public hearing shall be published in the Marcellus Observer, the official newspaper of the Town, at least five days prior to the date of the public hearing.
(4) 
Nothing contained herein shall require notice as a prerequisite to the issuance of a summons or appearance ticket for a violation of any of the provisions of this article.
C. 
Second inspection and report. On or before the date of the public hearing and prior to commencement of the public hearing, the Code Enforcement Officer shall conduct a second inspection of the property and file a written report of the conditions deemed in violation of this article found thereon with the Town Board. Such inspection shall be conducted as close to the date of the public hearing as practicable.
D. 
Declaration of public nuisance and remediation.
(1) 
At the close of the public hearing, the Town Board may determine that the conditions upon the subject property which violate this article constitute a public nuisance. Upon a determination by the Town Board that conditions upon the property constitute a public nuisance, the Town Board is empowered to authorize officers, agents or employees of the Town Board to enter onto the property to remove any vehicle, solid waste, litter stored, deposited, placed or maintained in violation of this article and dispose of or otherwise destroy same. Any costs and expenses incurred by the Town when acting pursuant to this section to abate a public nuisance shall be assessed against the property involved and shall constitute a lien thereon.
(2) 
Where the full amount due the Town is not paid within 30 days after abatement of the public nuisance by the Town, then and in that case, the Town Clerk shall cause to be recorded in the Town Record a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of 10% in the event that the same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
E. 
Emergency actions.
(1) 
Nothing in this article shall prohibit a municipality from entering onto private property to remove any motor vehicle or litter whenever there exists an imminent threat to the life or safety of persons. Municipal authority pursuant to this section may only be exercised where there is a dire necessity to protect life and safety. Any municipal action taken pursuant to this section must be reasonably calculated to alleviate or prevent the crisis condition and must be limited to those actions necessary to eliminate the emergency situation.
(2) 
A property owner shall be given notice and an opportunity to be heard prior to any costs and expenses incurred pursuant to this section being placed on the property's tax bill.
Any person violating any of the provisions of this article shall be punished, upon conviction, by a fine not exceeding $500. Each day of continued violation of this article, after written notice thereof, shall constitute a separate additional violation. In addition, the Town may also institute an action or proceeding, including an injunction, to compel compliance with or prevent violation of this article.
Should any section, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid for any reason, the remainder of this article shall not be affected thereby and shall remain in full force and effected, and, to this end; the provisions of this article are declared to be severable.
[Adopted 8-14-2017 by L.L. No. 2-2017]
A. 
The reduction of the amount of solid waste and conservation of recyclable materials is an important public concern because of the increasing cost of solid waste collection and disposal and its impact on the environment. The continued reduction of the amount of solid waste in the Town through the separation and collection of recyclable materials is in the public interest, and all such recycling will continue to comply with the Onondaga County Source Separation Law and other applicable provisions of law.
B. 
In 1988, in the interest of public health, safety and welfare and in order to conserve energy and natural resources, the State of New York enacted a New York State Solid Waste Management Act, which established the following solid waste hierarchy: waste reduction, reuse, recycling and waste to energy (see New York Environmental Law § 27-0106) with land burial as a last resort only when reuse, recycling or waste to energy were unavailable. Section B-35 of the State Solid Waste Management Plan 1997-1998 Update recommended that Onondaga County take immediate steps to develop environmentally acceptable facilities to manage solid waste generated in the county. In December 1991, Onondaga County adopted a comprehensive Solid Waste Management Plan that was subsequently approved by the State Department of Environmental Conservation. The County Plan, applicable to municipalities within the county, preferred waste to energy as a safe and sanitary alternative to the threat to the groundwater supply and other liabilities posed by the burying of such waste. Those reasons are further delineated in Section 5 of the aforementioned County Plan. Public Authorities Law § 2045-e(7) and (8) allows the Onondaga County Resource Recovery Agency to contract with municipalities for the delivery of such waste and, in furtherance thereof, to process such solid waste.
C. 
In compliance with both the State and County Solid Waste Management Plans, the Town of Marcellus has determined that all solid waste, both residential and commercial, generated in our Town and destined for disposal in the State of New York, may not be disposed of at any place other than the approved disposal site designated by the Town Board in § 181-10 of this article. The basis of that determination is attached hereto as Exhibit A and incorporated by reference.[1] This article also establishes regulations requiring the licensing of municipal haulers and governing hauler services for the collection and disposal of solid waste materials. This article shall not:
(1) 
Regulate or otherwise restrict any disposal of solid waste generated within the Town that is to be disposed of out-of-state or any hauling of recyclable materials separated from the rest of the solid waste in accordance with Onondaga County's Source Separation Law; or
(2) 
Regulate the price, route or service of any motor carrier with respect to the transportation of property prohibited by the Federal Aviation Administration Authorization Act of 1994 as amended (49 U.S.C. § 14501 et seq.).
[1]
Editor's Note: Exhibit A is on file in the Town offices.
This article is adopted pursuant to pursuant to the New York State Constitution and § 10 of the Municipal Home Rule Law.
As used in this article, the following terms shall have the meanings indicated:
AGENCY
The Onondaga County Resource Recovery Agency.
AGENCY FACILITY
Any facility operated by or designated by the Agency. Agency facilities include the Agency transfer stations at Ley Creek and Rock Cut Road, Rock Cut Road Waste-to Energy Facility, Agency Landfill, Agency Yard Waste Composting Facilities at Jamesville and Amboy, Construction and Demolition Processing Facility at Ley Creek and Agency-designated materials recovery facilities.
APPROVED DISPOSAL SITE
The Onondaga County Waste-to-Energy Facility on Rock Cut Road in the Town of Onondaga.
COUNTY
The County of Onondaga.
COUNTY-DESIGNATED RECYCLABLES
Those recyclables designated by the County of Onondaga pursuant to the Onondaga County Source Separation Law currently in effect (Onondaga County Local Law No. 2 of 2012), and as may be amended from time to time.
CURB
That street curb immediately in front of the property from which solid waste material and recyclables to be collected are generated or in the absence of an actual curb, that portion of the property that is immediately adjacent to the street.
CURBSIDE COLLECTION
The use of collection receptacles for residential, commercial, and institutional solid waste generators and the regular periodic pickup and transfer of the contents of such receptacles by a hauler at the location of a waste generator.
ELIGIBLE HOUSEHOLD
A household residing in a dwelling of four units or less and which is required to utilize recycling containers.
HAULER
Any person, company or firm who engages in the collection, transportation, disposal or delivery of solid waste within the Town.
MUNICIPAL HAULER LICENSE
The license issued by the Town to a hauler as a prerequisite to performing solid waste collection services within the Town's municipal limits.
PERSON
A natural person, association, partnership, firm, corporation, limited liability company, trust, estate or governmental unit and any other entity whatsoever.
RECYCLABLES
Those recyclable materials, including county-designated recyclable materials, which can be practically separated from nonrecyclable waste for which reuse markets can be assessed for less that the cost of disposal.
RECYCLING CONTAINER
The blue bin or other container supplied by the Agency, county, the Town or their designees for the use by eligible households within the Town. Such containers shall be exclusively for the storage of county-designated recyclable materials. Such containers shall at all times remain the property of the Agency.
RECYCLING LAW
The Onondaga County Source Separation Law currently in effect (Onondaga County Local Law No. 2 of 2012), and as may be amended from time to time.
SOLID WASTE
All 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, including, but not limited to, garbage, refuse, residential, governmental, commercial, and/or light industrial refuse, but shall not include recyclables, yard and garden waste, human wastes, rendering wastes, demolition wastes, residue from incinerators or other destructive systems for processing waste (other than now existing individual building incinerators, the residue from which is presently collected as part of normal refuse collection practices), junked automobiles, pathological, medical, toxic, explosive, radioactive material or other waste material which, under existing or future federal, state or local laws, require special handling in its collection or disposal.
TEMPORARY DUMPSTER
A dumpster of any size or type owned by a hauler and rented on a temporary basis to any person for the purpose of receiving waste from a construction, demolition, renovation, cleaning or other waste-generating project.
TOWN
The Town of Marcellus.
TOWN BOARD
The Town Board of the Town of Marcellus.
TOWN CLERK
The Clerk of the Town of Marcellus.
WASTE GENERATOR
Any person who produces solid waste requiring off-site disposal.
YARD AND GARDEN WASTE
Garden waste, leaves, grass clippings, weeds and brush.
A. 
License required. It shall be a precondition of doing business as a hauler in the Town that the person/firm intending to conduct such business obtain a municipal hauler license. An application on a form approved and provided by the Town must be submitted to the Town Clerk, in which form the hauler shall be bound by the following provisions:
(1) 
The hauler will deliver all nonrecyclable solid waste collected within the Town (residential and commercial) and destined for disposal in the State of the New York to the approved disposal site.
(2) 
It shall be unlawful to unload or deposit any solid waste hauled from any premises within the Town and destined for disposal in the State of New York at any place other than the approved disposal site. Any hauler failing to so dispose of said solid waste at the approved disposal site shall be subject to municipal hauler license revocation.
(3) 
The hauler will supply a plan of operation for collection and transportation and which provides for a recycling plan as required by the Recycling Law as it applies to haulers, which it shall adhere to and comply with. The hauler shall agree to provide for the collection of county-designated recyclables in every waste hauler disposal agreement, written or oral, as part of its standard service and to include the cost of such collection in its standard waste collection rates.
B. 
Duration of license. A municipal hauler license issued pursuant to this article shall be effective for an annual term beginning on January 1 and ending on December 31 of the year in which the license is issued.
C. 
Fees.
(1) 
The Town Board may from time to time establish and impose, by resolution, an initial licensing fee upon all haulers who apply for a new municipal hauler license.
(2) 
The Town Board may from time to time further establish and impose, by resolution, a separate license renewal fee, which fee shall be less than or equal to the initial licensing fee, and shall be paid by a previously licensed hauler on or before the date of expiration of its municipal hauler license.
(3) 
If a previously licensed hauler allows its municipal hauler license to expire by failing to timely pay the license renewal fee established by the Town Board, the hauler shall submit to the Town Clerk a new municipal hauler license application and shall pay the initial licensing fee before said license is issued.
(4) 
Any hauler holding a valid municipal hauler license issued by the Town on the date of the enactment of this article shall be required to pay only the license renewal fee by or before the date of the license's expiration. If any such hauler allows its license to expire by failing to timely pay the license renewal fee, said hauler shall be required to submit a new municipal hauler license application and pay the initial licensing fee pursuant to the requirements of this section.
D. 
Applicability. This section shall not apply to haulers whose only business within the Town is the rental of temporary dumpsters for individual construction, renovation, cleaning or other waste-generating projects.
The Town shall have the right to cancel any existing municipal hauler license upon 30 days' written notice to the hauler if the Town shall enact legislation establishing a new system for collection of solid waste in the Town that is inconsistent with the continuation of said license. The Town shall revoke a municipal hauler license upon the failure of the hauler to comply with any provision of § 181-11 of this article. Prior to any such revocation, the hauler shall be notified by the Town of its opportunity for a hearing on the matter, which hearing shall be held not less than five days after the hauler is notified in writing by the Town of the pending license revocation and the charges against it. All hearings shall be on a date and time and at a place determined by the Town. The hearing shall be informal and held before the Town Supervisor or his/her designee. Compliance with technical rules of evidence shall not be required, and the decision of the Town Supervisor or his/her designee shall be final.
The Town hereby adopts as its Source Separation Legislation the Onondaga County Source Separation Law currently in effect (Onondaga County Local Law No. 2 of 2012), and as may be amended from time to time, and incorporates by reference herein the language of said Source Separation Law.
Notwithstanding the fees established by § 181-11C of this article, the Town Board may, by resolution, designate and impose such other fees reasonably related to the collection and disposal of any solid waste within the Town and the administration of this article. After any such fees are imposed, the manner of implementation and collection shall be regulated by the Town Board or its designee in accordance with the terms of the resolution imposing such fees.
Haulers shall not collect solid waste in the Town on Sundays, Thanksgiving Day or Christmas Day.
A. 
In consideration of the Town issuing a municipal hauler license to a hauler, the hauler shall agree, upon the issuance of such license, that it shall indemnify, hold harmless and defend the Town and its officers and employees from and against any and all claims, demands, losses, damages, costs, payments, actions, recoveries, judgments and expenses of every kind, nature and description including, without limitation, all engineers' and attorneys' fees, fines, penalties and cleanup costs resulting from any such claim arising out of or connected in any way with the hauler or the hauler's collection; distribution or transportation of solid waste within or without the Town's corporate limits.
B. 
The hauler, as a condition of obtaining a municipal hauler license, shall provide and maintain the following insurance coverages at limits to be set from time to time by resolution of the Town Board:
(1) 
Public liability (CGL) coverage, including contractual coverage, which CGL policy shall name the Town of Marcellus as an additional insured;
(2) 
Automobile liability coverage for all owned, hired and nonowned vehicles; and
(3) 
Workers' compensation coverage.
C. 
Each policy of insurance shall be endorsed to contain the following language:
"The Town will be given 30 days prior written notification of any cancellation, nonrenewal or modification of this policy which reduces coverage or limits at the following address: 24 East Main Street, Marcellus, NY 13108."
D. 
Prior to the issuance of any municipal hauler license, the hauler must provide to the Town Codes Office proof of insurance coverage on a form to be determined from time to time by resolution of the Town Board.
Haulers shall not operate earlier than 7:00 a.m., nor later than 7:00 p.m.
Where certain solid waste, recyclables and/or other waste materials were not collected because those materials were not placed or prepared by the waste generator in accordance with the provisions of this article, the person who placed such materials for collection and the owner of the property adjoining the curb where such waste materials were placed shall remove those wastes from the location as soon as possible after the hauler has refused collection and, in any event, by 6:00 p.m. on the designated collection day.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The collection, removal, and carrying of solid waste, recyclables and/or other waste material, and the transportation of solid waste, paper, and recyclables on any highway, street, alley, or lane of the Town must be done in covered vehicles. No hauler shall throw, scatter or cause to be scattered or deposited or to escape from the vehicle any solid waste or recyclables on public streets or any other public property.
Yard and garden waste may not be accepted for disposal at any agency facility but may be accepted for recycling at a yard waste composting facility of the hauler's choice within the County or taken elsewhere.
Except as specifically permitted in this article, no hauler shall deposit or cause to be deposited or stored for more than one day upon any property any solid waste and/or recyclables, and dumping thereof is hereby prohibited. No leachate or other obnoxious or contaminating substance shall be allowed to drain from any hauler vehicle on or into public streets, lands or waters.
No hauler shall suffer or permit solid waste, other waste material and/or recyclables, to accumulate or remain upon private premises including extended storage in hauler vehicles owned or operated by that hauler such that the same becomes obnoxious, unsightly, offensive in odor or appearance, or becomes dangerous to public health and safety.
No hauler shall bury or burn any solid waste, recyclables or any other waste materials or cause to be buried or burned any solid waste, recyclables, or any other waste materials within the limits of the Town without the express written authorization of the Town Board.
This article shall also apply to special events held in the Town. The sponsor of said events shall be responsible for sorting all solid waste materials into appropriate containers or bags and making all arrangements for pickup and disposal of all solid waste materials. The hauler may charge a fee to be determined by the Town Board for such pickups and disposal.
The failure of a hauler or any other person to comply with the provisions of this article, to the extent that it applies to any such hauler or other person, shall be considered a violation subject to the fines specified in the table below. Each day the violation continues shall constitute a new and separate offense subject to a separate penalty. Any fines collected under this article shall inure to the Town and shall be deposited in the Town General Fund for use as the Town Board deems appropriate.
Section
Violation
Fine
§ 181-11
Failure to obtain a municipal hauler license
$250
§ 181-11
Failure to deliver all solid waste collected within the Town and destined for disposal in New York State to the Town-approved disposal site
$250 plus revocation
§ 181-13 (Onondaga County Source Separation Law)
Accepting or disposing of county-designated recyclable material as solid waste
$200
§ 181-13 (Onondaga County Source Separation Law)
Removing, destroying or disposing of a recycling container or using same for other than storage of county-designated recyclables
$150
§ 181-15
Engaging in the collection of solid waste and/or recyclables on Sundays, Thanksgiving Day or Christmas Day
$50
§ 181-16
Failure to provide the Town with 30 days' prior written notice of any collection, nonrenewal or modification of required insurance coverage
$50
§ 181-17
Failure to comply with the designated hours of operation
$200
§ 181-18
Failure to remove uncollected solid waste improperly set out for disposal
$100
§ 181-19
Throwing, scattering or allowing deposit of any solid waste and/or county-designated recyclables or other waste upon public streets or property
$100
§ 181-19
Engaging in the collection of solid waste and or county-designated recyclables in a noncovered vehicle
$100
§ 181-21
Dumping or depositing any solid waste and/or recyclables upon any property; draining leachate from hauler vehicle
$100
§ 181-22
Allowing solid waste or other waste material and/or recyclables to accumulate upon any property so that it becomes obnoxious/unsightly/offensive in odor or appearance or dangerous to public health/safety
$250
§ 181-23
Any hauler engaging in the burial or private burning of solid waste, recyclables or any other waste materials within the Town's corporate limits
$250
A. 
In addition to the above-provided penalties and revocations, or in lieu thereof, the Town Board may institute and maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with this article or to obtain injunctive relief to prevent any violation thereof.
B. 
This article shall be enforced by the Town Code Enforcement Officer, Town Police Department, Town Fire Inspector, Superintendent of Highways, Onondaga County Sheriff's Department, New York State Police, Department of Environmental Conservation Officers and all local law enforcement agencies.
If any clause, sentence, paragraph, subsection or section of this article or the application thereof to any person, firm or corporation or circumstance shall be adjudicated by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this article or in its application to the person, individual, firm, or corporation or circumstance directly involved in the controversy in which such judgment or order shall be rendered.