[HISTORY: Adopted by the Village Board of the Village of Canisteo 12-3-1957 by Ord. No. 21; amended in its entirety at time of adoption of Code (See Ch. 1, General Provisions, Art. I).[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This chapter was formerly designated as Ch. 59, Dumping, but was retitled, amended in entirety, and redesignated Ch. 73 at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The purpose of this chapter shall be to protect and promote the health, safety and welfare of the people of the Village of Canisteo and their property values by controlling the storage and disposal of refuse within the Village of Canisteo, and no persons shall dispose of any kind whatsoever, except pursuant to and in accordance with this chapter.
For the purposes of this chapter, the following terms shall have the meanings stated in this section:
BOARD
The Board of Trustees of the Village of Canisteo, New York.
BRUSH
Tree branches not exceeding two inches in diameter, twigs 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.
HAZARDOUS WASTE
Any hazardous or toxic substance material or waste which is or becomes regulated by any local or state governmental authority or the United States Government.
MULTIPLE RESIDENCE
A building or parcel of land having three or more dwelling units.
PERSON
One or more individuals; any partnership; corporation, firm, association, trust, estate or governmental entity; and any other entity whatsoever.
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.
REFUSE COLLECTOR
A contractor providing collection of solid waste services in the Village and subject to the rules and regulations and fee schedule of the Steuben County Landfill and any amendments thereto.
RESIDENCE
A building or parcel of land having no more than two dwelling units.
RESIDENT
A person residing in a residence.
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.
It shall be unlawful for any person to dump or deposit garbage, swill, offal, rubbish, brush, cuttings, trees, branches, tree stumps, bottles, cans, tin, old iron or junk upon any street, real property, Village property or Village green dump, except as may from time to time be specifically authorized by the Village.
A. 
Garbage, rubbish, refuse and yard waste shall be placed for collection in compliance with requirements established by the Village Board from time to time. Household hazardous waste shall not be placed out for collection.
B. 
No person shall place any waste materials at or near any curb, sidewalk, alley or street for purposes of collection other than the following:
(1) 
Refuse.
(2) 
On particular days or during particular time periods, as determined by the residents refuse collector.
C. 
No person shall place any rubbish at or near any curb, sidewalk or street for purposes of collection unless that person complies with the following requirements:
(1) 
Each person shall provide and utilize disposable plastic bags for disposal of rubbish.
(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.
D. 
Refuse, as well as any other waste material, shall be placed for collection, at or near a curb, sidewalk, alley or street no sooner than 24 hours prior to the designated day for collection as determined by the residents refuse collector.
When certain refuse and/or waste materials have not been collected because those materials were not placed or prepared as determined by the residents refuse collector, 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 collection has been refused or, in any event, within 24 hours of placement of material at the curb, sidewalk, street or alley. The failure to remove any uncollected waste material shall constitute a violation of this chapter.
A. 
No person shall accumulate or permit the accumulation of refuse on any premises owned or occupied by such person within the Village of Canisteo, except for purpose of collection by the refuse collector.
B. 
The owner, lessee or resident of every building within the Village of Canisteo shall keep the same free, clear and clean of all refuse and maintain sidewalks and yard areas free and clear of all refuse and, upon notice, shall within five days cause to be removed any unsanitary or filthy condition on or about premises owned, used or occupied by said person within the Village of Canisteo.
C. 
Any compost or mulch pile within the limits of the Village of Canisteo shall be maintained in such fashion so as not to attract rodents or cause the development of obnoxious odors or other hazards to the health or safety of the occupants of neighboring properties.
D. 
Toxic, flammable or hazardous wastes not otherwise regulated by public authority shall not be disposed of or placed at the curb for collection by the refuse collector.
No person shall ignite, burn or cause to be ignited or burned any refuse within the Village of Canisteo, unless such is placed in an incinerator constructed for such purpose and properly installed and equipped in conformity with all laws, rules and regulations pertaining thereto.
It shall be unlawful for any person to put, drop or in any way, directly or indirectly, cause or permit to be placed or left in or on any land or vacant property within the Village any refuse or other unsightly matter or articles if the same are or might be visible from any public street or otherwise offensive to other residents or property owners or to those using the streets of the Village, nor shall any fill, leaves or similar matter be dumped upon any such land, except with the permission of the owner of any such land and in accordance with such rules and regulations for the protection of the health, safety and general welfare of the community as may from time to time be prescribed by the Village.
The Superintendent of Public Works, Code Enforcement Officer or such other person as may be designated by the Board of Trustees shall be authorized and directed to enforce this chapter. Any person violating any of the provisions of this chapter shall be punishable by a fine not to exceed $250 or by imprisonment for a term not exceeding 15 days, or both for each violation.