[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.
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]
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.
Putresecent animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
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.
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]
A park, playground, recreation center or any other public
area in Town, owned by the Town and devoted to active or passive recreation.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
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.
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)]
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)]
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.
[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:
The Onondaga County Resource Recovery Agency.
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.
The Onondaga County Waste-to-Energy Facility on Rock Cut
Road in the Town of Onondaga.
The County of Onondaga.
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.
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.
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.
A household residing in a dwelling of four units or less
and which is required to utilize recycling containers.
Any person, company or firm who engages in the collection,
transportation, disposal or delivery of solid waste within the Town.
The license issued by the Town to a hauler as a prerequisite
to performing solid waste collection services within the Town's municipal
limits.
A natural person, association, partnership, firm, corporation,
limited liability company, trust, estate or governmental unit and
any other entity whatsoever.
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.
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.
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.
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.
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.
The Town of Marcellus.
The Town Board of the Town of Marcellus.
The Clerk of the Town of Marcellus.
Any person who produces solid waste requiring off-site disposal.
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:
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.
