[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.
[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]
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.
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.
WASTE GENERATOR
Any person who produces solid waste requiring off-site disposal.
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.
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
|
---|
|
Failure to obtain a municipal hauler license
|
$250
|
|
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
|
|
Engaging in the collection of solid waste and/or recyclables
on Sundays, Thanksgiving Day or Christmas Day
|
$50
|
|
Failure to provide the Town with 30 days' prior written notice
of any collection, nonrenewal or modification of required insurance
coverage
|
$50
|
|
Failure to comply with the designated hours of operation
|
$200
|
|
Failure to remove uncollected solid waste improperly set out
for disposal
|
$100
|
|
Throwing, scattering
or allowing deposit of any solid waste and/or county-designated recyclables
or other waste upon public streets or property
|
$100
|
|
Engaging in the collection of solid waste and or county-designated
recyclables in a noncovered vehicle
|
$100
|
|
Dumping or depositing any solid waste and/or recyclables upon
any property; draining leachate from hauler vehicle
|
$100
|
|
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
|
|
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
|
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.