As used herein, the following terms shall have the meanings
indicated:
BULK ITEMS
Large items and materials, including furniture, house furnishings
and large appliances, such as refrigerators, stoves, washing machines
and clothes dryers.
CONTAINER
A receptacle constructed of such material and in such a manner
as to hold solid waste and trash and other such items without breaking
or collapsing. Containers shall have covers so that the contents therein
are not exposed to the weather, animals and vermin.
GARBAGE
The rubbish, food wastes and collectible wastes resulting
from the normal day-to-day operation of a household. "Garbage" does
not include rubble, bulk items, industrial waste, recyclable materials
or any other material not covered under this definition.
RECYCLABLES
Such items as are to be collected for recycling as may be
designated by the Village Board by resolution.
RUBBISH
Food wastes, including but not limited to table cleanings,
fruit, vegetable and animal parings and scraps, decaying or spoiled
vegetable, animal and fruit matter; any paper, plastic, cardboard
or other material used to wrap, cover or contain food and any other
household waste resulting from the use, consumption and preparation
of food; metal and miscellaneous waste materials, including rags,
drugs, health aids and materials, sweepings, rubber, leather, cloth,
magazines, paper, waste material from normal maintenance and repair
activities, dirt, filth, bottles, jugs and jars and any yard and garden
waste, manure of any description, any other material not covered under
this definition or any items considered as being suitable by the Village.
SOURCE-SEPARATED
The separation of recyclables from other components of the
solid waste stream by the waste generator according to procedures
determined by the Village.
WASTE GENERATOR
Any individual, public or private business, institution,
industry or organization that generates solid waste within the Village.
Property owners and their agents, lessees, tenants or other
occupants residing in residential dwellings and occupants of business
premises to have their garbage disposed of by the Village shall be
subject to the following:
A. Garbage from business premises or dwelling units shall be placed
in appropriate containers as specified at the street curb, if one
exists, without obstruction to the free and proper use by the public
of the sidewalks adjacent thereto or adjacent to but not on the street
pavement if there is no curb.
B. Containers for garbage are to be provided by the owner or occupants
and must be properly covered and not leak. All plastic bags must be
clear so as to allow the contents of such bags used as containers
for garbage to be easily viewed.
C. Each container or bag of garbage placed for collection shall be free
of any materials not covered under the definition of "garbage." Each
container or bag of recyclables placed for collection shall be free
of any materials not covered under the definition of "recyclables."
D. No person shall place any garbage, waste materials or recyclables
at or near any curb, sidewalk or street other than the curb, sidewalk
or street immediately in front of the property from which such garbage,
waste material or recyclables was generated.
E. The placement of any garbage, waste material or recyclables at or
near any curb, sidewalk or street other than in compliance with this
section shall constitute a violation of this chapter.
F. The placement of household garbage in the trash receptacles provided
by the Village in the downtown area and in the parks shall constitute
a violation of this chapter.
G. When the Village has announced that waste materials other than garbage
will be collected on particular days or during particular periods,
any person placing such waste materials at or near the curb, sidewalk
or street for purposes of collection by the Village shall comply with
the following:
(1) The waste materials shall be of the type announced by the Village
and placed for collection at the times specified by the Village.
(2) The waste material shall be collected, bound, contained, placed or
otherwise treated in the manner specified by the Village.
H. No person shall place any garbage, waste materials or recyclables
near any curb, sidewalk or street for purposes of collection by the
Village unless that person complies with the following requirements:
(1) All mandatory recyclable material that is designated for curbside
pickup shall be placed in an appropriate container as prescribed by
the Village Board.
(2) All garbage, waste materials and recyclables that are to be collected
by or on behalf of the Village shall be placed for collection at or
near a curb, sidewalk or street after 5:00 p.m. on the day prior to
the date designated for collection. There will be no callbacks to
collect refuse or any other wastes that are placed for collection
after 12:01 a.m. on the designated collection day.
(3) All waste generators within the Village shall source-separate recyclables
from garbage, rubbish and any other waste generated within the Village.
All empty refuse containers and empty waste material containers
shall be removed from the curb, sidewalk or street where they have
been placed as soon as possible after collection and, in any event,
by 6:00 p.m. on the day of collection. Empty refuse containers or
other empty waste containers remaining at or near the curb, sidewalk
or street 24 hours after collection may be picked up and disposed
of by the Village. Notwithstanding such removal and disposal of the
empty containers by the Village, the failure to remove the container
by 6:00 p.m. on the day of collection shall constitute a violation
of this chapter.
Where certain garbage, waste materials or recyclables have not
been collected because said materials were not placed or prepared
in accordance with the provisions of this chapter or as may be designated
by resolution of the Village Board the person who placed such materials
for collection or the owner of the real property adjoining the curb,
sidewalk, street or alley where such garbage, waste materials or recyclables
were placed shall remove the same from that location as soon as possible
after collection has been refused and, in any event, by 6:00 p.m.
of the designated collection day. The failure to remove any garbage,
waste material or recyclables by 6:00 p.m. of the designated collection
day shall constitute a violation of this chapter.
Property owners and their agents, lessees, tenants or other
occupants who place materials not in accordance with this chapter
shall hold harmless and indemnify from any and all losses the Village,
its employees and agents for all costs, direct and indirect, which
are attributable, in the sole discretion of the Village, for materials
collected which were placed for collection in violation of the terms
of this chapter.
Any police officer of the Village of Fort Plain or any code
enforcement officer(s) having jurisdiction within the Village is hereby
authorized and empowered to issue or cause to be issued a summons
and/or appearance ticket returnable in the Justice Court or other
court of competent jurisdiction for any violation of the provisions
of this chapter.
The Village Board of Fort Plain may require property owners
and occupants of properties in the Village, or classes thereof, to
utilize Village-contracted or -franchised collection and carting services.