[HISTORY: Adopted by the Board of Trustees of the Village of Fort Plain 6-15-1993 by L.L. No. 1-1993; amended in its entirety 4-26-2022 by L.L. No. 3-2022. Subsequent amendments noted where applicable.]
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.
COLLECTION OR DISPOSAL BY THE VILLAGE
Collection by a contractor hired by the Village to collect garbage and shall include collection by MOSA as to recyclables.
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.
INDUSTRIAL WASTE
Waste generated by any industrial process or operation.
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.
A. 
Collection areas, together with the dates and times of collection, shall be established by regulation of the Village Board. In the event of an emergency situation, the Village Board may suspend, restrict or otherwise modify the provisions of this chapter during the course of such emergency.
B. 
No garbage, waste materials or recyclables shall be placed at or near any curb, sidewalk or street for purposes of collection by the Village other than on the particular days or during the particular time periods as prescribed by resolution of the Village Board.
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.
A. 
The Village shall be responsible for collecting on a regular basis only those waste materials that constitute garbage. Recyclable materials shall be collected at such times as designated by the Village Board.
B. 
The Village shall also be responsible for collecting any additional waste materials that the Village may announce will be collected on particular days or during particular time periods. These additional waste materials may, in the discretion of the Village Board, include, for example, bulk items and yard waste. The Village shall be responsible for collecting any such additional waste materials only on the days or during the time periods announced pursuant to the resolution of the Board of Trustees.
C. 
The Village shall not be responsible for collecting any debris resulting from renovations such as plasterboard, roofing materials of any description, whether separate or mixed with garbage, or materials that have been placed or prepared in ways that do not comply with all the provisions of this chapter.
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.
A. 
Whenever a person places garbage or other waste materials at or near a curb, sidewalk, alley or street for collection by the Village without complying with all the provisions of this chapter, the Village may choose not to collect the garbage or other waste material. In such a case the Village shall affix a notice to the garbage or waste material which gives the reason why the material was not collected. In lieu of affixing such notice, the Village may also notify the owner of the property from which such uncollected waste material was generated why the Village did not collect that material. That notice shall be either verbal or written, as the Village determines is appropriate, and shall be provided as soon as feasible after the Village refuses to collect that material.
B. 
The Village may collect the garbage or other waste material notwithstanding the fact that it does not comply with the provisions of this chapter. In such cases, the Village shall assess a special service charge against the owner of the property from which such garbage or waste material was generated. Such special service charge shall be determined by a resolution of the Village Board. Any service charges not paid by the due date shall become a lien upon the real property and collected along with the real property taxes.
C. 
Noncomplying recyclables shall be subject to the rules as may be designated by the Village Board by resolution.
A. 
The Village may, by resolution, impose fees for the collection of any refuse, rubble, bulk items, brush or industrial waste. After any such fees are imposed, the manner of implementation and collection shall be by regulation of the Village Board not inconsistent with the terms of the resolution imposing such fees.
B. 
In regards to multiresidential dwellings, such fee shall be set per number of unit dwellings for the cost of curbside collection with fees to be determined yearly by resolution of the Village of Fort Plain Board. Said fee shall not apply to the first unit but shall apply to all other units in said multiresidential dwelling Such fee shall be annually reviewed and adjusted in accordance with Subsection A of this section.
(1) 
The number of dwelling units to be charged fees with regard to any property shall be determined by the Montgomery County Sanitation Sewer District's records.
C. 
Bills for user fees. Bills for user fees shall be prepared and added to that property's Village tax bill as an entry separate from the actual Village tax. Said unpaid user fee shall then constitute a lien and charge upon the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Village Clerk in the manner provided by law for collection of delinquent taxes and shall bear interest at the same rate as uncollected taxes.
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.
A. 
Any person who commits a violation of this chapter shall be punished as follows: by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B. 
Each commission of a single act shall constitute a separate violation of this chapter, and each day of such violation shall constitute a separate offense which may be punished and prosecuted as such.
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.