[HISTORY: Adopted by the Board of Trustees of the Village of Valatie as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-28-1988 by L.L. No. 3-1988 (Ch. 54 of the 1980 Code); amended in its entirety 2-13-2018 by L.L. No. 1-2018]
For purposes of this article, the following terms shall have the meanings stated in this section:
ALUMINUM
Pure aluminum in any form, including, but not limited to, cans, cooking utensils, aluminum foil and lawn furniture.
BLUE BOX
Refers to the container to be used for placement of recyclable materials for collection by waste company selected by the Board. "Blue box" shall refer to the container available from the Village of Valatie as well as any other container approved for such use by resolution of the Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
BOARD
The Board of Trustees of the Village of Valatie.
BRUSH
Tree branches not exceeding two inches in diameter, and shrub and hedge clippings.
BULK ITEMS
Large items and materials, including furniture (other than aluminum yard furniture), house furnishings, large appliances, such as refrigerators, stoves, washing machines and clothes dryers, and automobile or other motor vehicle tires.
COLLECTIBLE YARD WASTES
Grass, leaves and waste plant and dirt materials from vegetable and flower gardens, lawns and yards; and brush.
CORRUGATED CARDBOARD
Cardboard shipping containers.
DUMPSTER
Includes any container rented by or owned by a property owner and used for the collection of one or more items or combination thereof of those items defined in this section as brush, bulk items, collectible yard wastes, corrugated cardboard, industrial waste, newspapers, recyclable materials, refuse, rubbish and rubble.
INDUSTRIAL WASTE
Waste generated by any industrial process or operation.
NEWSPAPERS
Newsprint. It does not include glossy magazines or materials.
PERSON
One or more individuals; any partnership, corporation, firm, association, trust, estate or governmental entity; and any other entity whatsoever.
RECYCLABLE MATERIALS
Clear (flint); green and brown glass bottles, jugs and jars; aluminum, copper, stainless steel and brass; newspapers; corrugated cardboard: tin cans; and high-density polyethylene (HDPE) containers, such as those used for milk, oil, detergents, apple cider, etc. "Recyclable materials" does not include plate glass, broken glass, window glass or any other type of glass not specified in this definition nor recyclable materials unsuitable for recycling because of secondary household use.
REFUSE
The rubbish and recyclable materials resulting from the normal day-to-day operation of a household or business. "Refuse" may be generated by a household, a business establishment or a public or quasi-public facility. "Refuse" does not include rubble, bulk items, industrial waste, collectible yard waste or any other material not covered under this definition.
RUBBISH
A. 
Food wastes, including, but not limited to, table cleanings; fruit, vegetable and animal parings and scraps; decaying or spoiled vegetable, animal and fruit matter; and fallen fruit.
B. 
Any paper, plastic, cardboard or other material used to wrap, cover or contain food, other than certain HDPE or glass containers defined in this section as "recyclable materials," and any other household waste resulting from the use, consumption and preparation of food.
C. 
Metal (other than pure aluminum, copper, stainless steel or brass).
D. 
Miscellaneous waste material, including rags, health aids and materials, sweepings, excelsior, rubber, leather, cloth, clothing, magazines, paper (other than newspapers), waste materials from normal maintenance and repair activities, pasteboard, crockery, shells, dirt, filth, ashes, wood, glass (other than certain glass bottles, jugs and jars defined in this section as "recyclable wastes"), brick and any other similar waste material. "Rubbish" does not include recyclable materials, bulk items, rubble or any other material not covered under this definition.
RUBBLE
Waste material typically resulting from construction, demolition and major renovation activities, including, but not limited to, waste cement, concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, telephone poles, railroad ties, wooden pallets, doors and door frames, windows and window frames and any similar material.
WASTE MATERIAL
Includes one or more items or combination thereof of those items defined in this section as brush, bulk items, collectible yard wastes, corrugated cardboard, industrial waste, newspapers, recyclable materials, refuse, rubbish and rubble.
A. 
The Board shall be responsible for collecting or causing the collection of, on a regular basis, only those waste materials that constitute refuse produced by a residence.
(1) 
A parcel utilized for commercial purposes must utilize a private hauler.
(2) 
A parcel that contains four or more residential units shall be deemed a commercial purpose and must utilize a private hauler.
B. 
The Board shall also be responsible for collecting or causing the collection of any additional waste materials produced by residences that the Village may announce will be collected on particular days or during particular time periods. These additional waste materials may include, for example, bulk items, trees, tree stumps and large branches. The Board shall be responsible for collecting or causing the collection of any such additional waste materials only on the days or during the time periods announced by the Board.
C. 
The Board shall not be responsible for collecting any waste materials that have been placed or prepared in ways that do not comply with all the provisions of this article, in particular, the Board shall not be responsible for collecting waste materials consisting of recyclable and nonrecyclable materials mixed together or recyclable materials which have not been placed or prepared in accord with this article, nor shall the Board be responsible for the collection of waste materials produced other than from a residence.
A. 
No person shall place any waste materials at or near any curb, sidewalk, alley or street for purposes of collection by the Board other than the following:
(1) 
Refuse.
(2) 
On particular days or during particular time periods, any other waste material that the Board has announced it will collect at those times.
B. 
No person shall place any rubbish at or near any curb, sidewalk or street for purposes of collection by the Board unless that person complies the following requirements:
(1) 
Each person shall provide and utilize disposable plastic bags for disposal of rubbish. Any such bag shall be at least 1.5 mils thick and sufficiently strong to contain the materials enclosed. When filled, each such bag shall be securely tied and weigh no more than 30 pounds.
(2) 
Each person shall utilize separate containers for disposal of bagged rubbish. Any such container shall be made of metal, plastic or other suitable material, shall have tight fitting covers, shall have handles on the top and sides and shall be shaped so that all materials flow freely when the container is dumped. No such container shall exceed 32 gallons in capacity, and, when filled, no such container shall weigh more than 30 pounds.
(3) 
All such bags shall have affixed thereto stickers which shall be sold by the Clerk-Treasurer of the Village, or in the alternative, Village approved or supplied bins for automated collection may be utilized, all such bins shall have affixed thereto stickers which shall be sold by the Clerk-Treasurer of the Village. The Village may modify the collection process, associated costs or charges as it deems necessary from time to time by resolution of the Village Board.
(4) 
Each bag or bin of rubbish placed for collection shall be free of recyclable materials and other materials not covered under the definition "rubbish."
C. 
No person shall place any recyclable materials at or near any curb, sidewalk or street for the purposes of collection by the Board unless that person satisfies the following requirements:
(1) 
Recyclable materials shall be placed separately from other refuse placed for collection by the Board.
(2) 
Newspapers.
(a) 
Newspapers shall be piled and securely tied in bundles, with no individual bundle weighing more than 30 pounds, or newspapers shall be placed in paper bags strong enough to contain them.
(b) 
Newspapers shall not contain magazines, glossy advertising material frequently inserted in newspapers or any other waste type of paper.
(c) 
Newspapers shall be kept dry by appropriate means until they are collected by the Board.
(3) 
Glass, cans and containers.
(a) 
Glass bottles, jugs and jars shall be rinsed of original contents and shall have all neck rings, foil or other metal removed. Paper labels may be left on bottles, jugs and jars.
(b) 
Tin cans and HDPE containers shall be rinsed of original contents and flattened. Paper labels may be left on such containers.
(c) 
Recyclable glass, tin cans and HDPE containers shall be placed in one or more blue boxes.
(4) 
All recyclable aluminum, copper, stainless steel and brass shall be pure and clean. Items consisting of mixed or composite metals are not recyclable, any fabric on lawn furniture shall be removed before the aluminum is placed for recycling. Recyclable materials shall be placed in one or more blue boxes for collection.
(5) 
Cardboard.
(a) 
Corrugated cardboard shall be flattened, folded and securely tied in bundles no larger than 36 by 36 by 36 inches in size and weighing no more than 30 pounds.
(b) 
Corrugated cardboard shall be kept dry by appropriate means until it is collected by the Board.
(6) 
Newspaper and corrugated cardboard shall not be mixed together and shall be placed adjacent to, on or on top of the blue box for collection.
(7) 
Glass, tin cans, HDPE containers, aluminum and other recyclable metals may be placed, unsorted, in one or more blue boxes for collection.
(8) 
No materials other than recyclable materials prepared in accordance with this section shall be placed in a blue box for collection.
D. 
When the Board has announced that waste materials other than refuse will be collected on particular days or during particular periods, any person placing such waste materials at or near any curb, sidewalk or street for purposes of collection by the Board shall comply with the following:
(1) 
The waste material shall be of the type announced by the Board.
(2) 
The waste material shall be placed for collection at the times specified by the Board.
(3) 
The waste material shall be collected, bound, contained, placed or otherwise treated in the manner specified by the Board.
E. 
Refuse, as well as any other waste material that the Board announces will be collected, shall be placed for collection by the Board at or near a curb, sidewalk, alley or street after 7:00 p.m. on the day before that designated for collection. There will be no call-backs to collect refuse or any other wastes that are placed for collection after 7:00 a.m. on the designated collection day.
F. 
No person shall place any waste material at or near any curb, sidewalk, alley or street other than the curb, sidewalk, alley or street immediately in front or to the rear of the property from which such waste material was generated.
G. 
The placement of any waste material at or near a curb, sidewalk, alley or street other than in compliance with the provisions of this section shall constitute a violation of this article.
H. 
No person, association, corporation or limited liability company shall place a dumpster on a sidewalk or in any Village road, right-of-way or highway within the Village of Valatie unless:
(1) 
The person, association, corporation or limited liability company first applies to the Code Enforcement Official for a permit to place the dumpster on a sidewalk or in any Village road, right-of-way or highway within the Village. Such application shall be accompanied with proof of insurance showing that the person, association, corporation or limited liability company has a policy of liability insurance in place and an application fee in an amount established by resolution of the Board of Trustees.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The dumpster is placed no sooner that 7:00 a.m. on Monday morning and is removed no later than 7:00 p.m. on Friday evening and is emptied within the same period.
(3) 
Any permit issued under this section will be valid for 15 days from the date of issuance and must be renewed thereafter.
I. 
For purposes of this article, the owner, lessee, occupant and other person having charge of any building or lot of ground in the Village of Valatie upon which the dumpster has been deposited or fronting or abutting upon any curb, sidewalk, alley or street where the dumpster has been deposited shall be subject to the provisions of § 289-3H.
All empty refuse containers and any other empty waste containers shall be removed from the curb, sidewalk, alley or street where they have been placed as soon as possible after collection by the Board and, in any event, no later 6:00 p.m. on the same day as collection. Empty refuse containers or other empty waste containers remaining at or near the curb, sidewalk or street on the day after collection may be picked up and disposed of by the Board.
Where the Board has not collected certain refuse and/or waste materials because those materials were not placed or prepared in accord with the provisions of this article, the person who placed such materials for collection and the owner of the real property adjoining the curb, sidewalk, street or alley where such waste materials were placed shall remove those wastes from that location as soon as possible after the Board has refused collection and, in any event, by 6:00 p.m. of the designated collection day. The failure to remove any uncollected waste material by 6:00 p.m. on the designated collection day shall constitute a violation of this article.
A. 
Whenever a person places refuse or other waste material at or near a curb, sidewalk, alley or street or upon a parcel owned by another for any purpose without complying with all the provision of this article or fails to comply with § 289-3, the Board may do either of the following:
(1) 
The Board may choose not to collect refuse or other waste material. In such a case, the Board shall affix a notice to the waste material which gives the reason why the Board did not collect that material. The Board may also notify the property owner of the property from which such uncollected waste material was generated why the Board did not collect that material. That notice shall be either verbal or written, as the Board determines is appropriate, and shall be provided as soon as feasible after the Board refuses to collect the material; or
(2) 
The Board may collect the refuse or other waste material notwithstanding the fact that it does not comply with the provisions of this article.
(a) 
In such cases the Board shall assess a special service charge against the owner of the property from which such waste material was generated. Such special service charge shall be in the amount as set by the Board, plus an amount for each bag waste material removed by the Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
Special service charges shall be accumulated and shall be billed quarterly with the water and sewer bills of the Village of Valatie. Any person subject to such charges may make a written request for a hearing within 15 days after the date of the bill for such charges. All hearings shall be on a date and time and at a place determined by the Board. The hearing shall be informal and held before the Board or its designee. The decision of the Board shall be final. Any service charges not paid within 30 days after the Board's decision shall become a lien upon the real property, superior to any other lien or claim, except the lien of an existing tax assessment or charge imposed by the Village of Valatie.
B. 
Whenever refuse or other waste material has been placed for collection by the Board after 7:00 a.m. on the day of collection, the Board may, in its own discretion, determine to respond positively or negatively to a request by the property owner of the property from which such waste was generated that the Board return to such property and collect that waste material. When the Board agrees to return to the property and collect that material, it shall assess a special service charge against that property owner in accord with Subsection A(2) of this section.
C. 
For any nonscheduled collection of waste material by the Board, the Board shall assess a special service charge against the responsible property owner. Such special collection charge shall be in accord with the provisions of Subsection A(2) of this section.
D. 
For the purposes of this article, the owner, lessee, occupant and other persons having charge of any building or lot of ground in the Village of Valatie upon which the waste material has been deposited or fronting or abutting upon any curb, sidewalk, alley or street where the waste material has been deposited shall be subject to the provisions of this article.
From the time any person places any properly prepared recyclable materials at or near any curb, sidewalk, alley or street for purposes of collection by the Board, those recyclable materials shall become and be the property of the Village of Valatie or its authorized agent. No person who is not acting under authority of the Village or its authorized agent shall collect, pick up, remove or cause to be collected, picked up or removed any recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this article.
The Board has provided public trash receptacles in certain areas of the Village for the purpose of preventing litter and collecting incidental trash generated by the public using those areas. The public trash receptacles are for the collection of minor, incidental items that would constitute litter if otherwise deposited in the Village, such as single newspapers, food, gum, candy wrappers, ice cream bags and sticks, individual sheets of paper, empty paper or plastic bags, tissues or food containers from which the discarding person consumed food, items of a nature that a passerby might carry and discard. It shall be a violation of this section for any person to deposit more than an incidental trash item constituting commercial trash, business trash or household trash into a public trash receptacle. The finding of any such commercial, business or household trash with any identifying information such as name and address shall be a violation of this section. Any person in violation of this section shall be subject to the penalties for offenses set forth in § 289-13 below.
Nothing in this article shall be deemed to prevent any person from entering into a contractual agreement with a private waste hauler for the removal of refuse and other waste materials generated by that person or at property owned by that person.
The Board, by resolution, may impose fees for the collection of any refuse (other than recyclable materials), rubble, bulk items or industrial waste. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Board, not inconsistent with the terms of the resolution imposing such fees.
A. 
Any person who commits a violation of this article shall be punished as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment,
B. 
Each commission of a single act shall constitute a separate violation of this article, and each day of such violation shall constitute a separate offense, which may be punished and prosecuted as such.