This chapter shall be known and may be cited as the "Village of Montour Falls Refuse and Recycling Pickup Local Law."
[HISTORY: Adopted by the Board of Trustees of the Village of Montour Falls 11-20-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
The purpose of this chapter is to a) protect public health, safety and welfare by establishing a municipal recycling pickup program; b) reduce the amount of solid waste disposed of through source separation, collection, diversion and recycling; and c) provide enforcement mechanisms and reasonable fees to recover costs.
This chapter is adopted pursuant to the Village's powers under the New York State Constitution and laws, including, but not limited to, the Village Law, General Municipal Law, and other applicable statutes and home rule authority.
Unless the context otherwise requires, the following terms shall have the meanings indicated:
The Board of Trustees of the Village of Montour Falls.
Any item that cannot fit completely within a standard thirty-two-gallon trash can. Mattresses, furniture, appliances, tires, etc., are examples of bulk waste. The Board may modify or expand the definition of bulk waste at any time by amendment of the rules.
The person(s) designated by the Village to pick up designated recyclables and/or solid waste within the Village for property owners participating in the municipal service.
A trash can, recycling bin, tote, dumpster, bag or other receptacle approved by the collector for use to store and present waste or recyclables for collection.
The Village Department of Public Works.
Materials identified by the Board that must be separated from solid waste for collection and recycling. The current list of designated recyclables is set forth on Exhibit A[1] attached hereto. The list of designated recyclables may be amended by the Board from time to time by resolution.
A building containing more than one dwelling unit.
The collection service provided, operated, contracted or arranged by the Village to collect designated recyclables and/or solid waste and/or bulk waste from residential premises and non-residential premises within the Village.
Any improved property within the Village other than a residential premises.
The person designated as the owner of a property within the Village pursuant to the most recent Village tax roll at the time the determination is made.
An individual, partnership, corporation, association or other legal entity.
Single-family homes, multifamily dwellings and any other premises used for residential purposes that are within the Village.
Defined in § 128-10.
All discarded solid, semi-solid or contained gaseous materials except i) hazardous wastes and medical wastes as defined by applicable law, ii) bulk waste; iii) designated recyclables, and iv) any other item designated as prohibited from disposal pursuant to the rules.
[1]
Editor's Note: Exhibit A is on file in the Village office.
This chapter applies to all residential premises and non-residential premises within the corporate limits of the Village of Montour Falls.
A.
The Village shall contract with one or more collector(s) to provide the municipal service.
B.
All residential premises that are not occupied by the owner of the residential premises on as the owner's full-time residence are required to participate in the municipal service. The owner of any other property may opt out of participation in the municipal service by providing the required notice to the Village Clerk. The form, timing, mode of delivery, and other logistics for such opt out notice shall be set forth in the rules. Until opt out from the municipal service is effective, the owner shall be responsible for all charges for participating in the municipal service as provided herein. The opt out shall not be effective until the opt out notice is received and approved by the Village Clerk in accordance with the rules established by the Village Clerk as provided herein.
C.
Any owner opting out of the municipal service shall be responsible for obtaining solid waste and recyclables pickup service through a private contractor or other means. Failure to arrange for such pickup service and/or properly dispose of solid waste or recyclables may be subject to penalties pursuant to applicable laws and regulations.
A.
All owners participating in the municipal service shall be responsible for complying with all requirements as to separation of recyclables, preparation of recyclables, source separation, and other requirements and limitations of the collector or set forth in the rules.
B.
It shall be unlawful to place designated recyclables mixed with solid waste in a manner that prevents recycling.
C.
Items other than solid waste and recyclables (including hazardous waste, medical waste, electronic waste, and other items listed in the rules) shall not be placed for collection with solid waste and recyclables, provided that bulk waste may be placed with solid waste or recyclables for pickup if prior arrangements as required by the rules are made with the collector.
A.
Containers for designated recyclables shall be provided by the collector. Recyclables shall not be placed in any receptacle other than a collector-provided container. Solid waste may be placed in private containers meeting the requirements set forth in the rules.
B.
Schedules for pickup shall be set forth in the rules and posted on the Village's website. Recyclables, solid waste and pre-approved bulk waste shall be placed at the curb or other designated collection point during the time window set forth in the rules. Containers must be removed from the curb, sidewalk or public right-of-way no later than 10 hours after collection on the day of collection.
C.
The Department shall publish the official collection schedule annually and as otherwise necessary. Holiday collection schedules will be posted on the Village website or otherwise publicized.
A.
The Village shall impose a user fee to owners for participation in the municipal service. Fees shall be established by a schedule adopted by resolution of the Board from time to time. Such schedule shall be based on the amount charged to the Village by the collector and shall be dependent upon the size of container and number of containers used by an owner. Bulk waste pickup shall incur an additional charge. The schedule of fees shall also include an administrative charge.
B.
The Village shall bill fees directly to owners every other month. Bills shall be mailed to the same address as real property tax bills.
C.
Unpaid bills shall collect interest at the same rate as unpaid real property taxes.
D.
If any bill is not paid in full (including interest) within 60 days after the bill is mailed, the Village may terminate participation in the municipal service for the property to which the unpaid bill applies.
E.
Any unpaid fees, interest and other charges imposed pursuant to this chapter shall be referred by the Clerk to the Board not less than annually, and upon resolution of the Board shall constitute a special assessment and shall be included within the annual tax levy pursuant to New York State Village Law and Real Property Tax Law and shall otherwise be considered a special assessment for purposes of all general and local laws.
A.
The Board shall adopt a set of rules and regulations governing the particulars of the municipal service as referenced herein, the fees for the municipal service, and any other item the Board may deem necessary or desirable (the "rules").
B.
The rules may be amended by the Board from time to time by resolution without prior notice. Any such amendment shall become effective 30 days after adoption of the resolution, unless a different effective date is set forth in the resolution.
A.
Any person who violates any provision of this chapter or the rules shall be guilty of an offense punishable by a fine not to exceed $250 for each violation; each day a violation continues shall constitute a separate offense.
B.
In lieu of or in addition to fines, the Village may issue warnings, corrective notices, or orders to remedy noncompliance. The Village may charge the owner for costs to abate nuisances related to improper storage or disposal of recyclables or solid waste, and for any costs incurred by the Village in attempting to compel compliance with this chapter or the rules, including but not limited to attorneys' fees, and such costs shall be added to the bill provided for in § 128-9, and subject to the same penalties for nonpayment.
C.
The Village may seek injunctive relief or other equitable remedies in addition to civil penalties.
Any person aggrieved by an enforcement action, fine or order under this chapter may appeal to the Village Clerk within 30 days of the action, in accordance with procedures established by the rules. The decision on appeal shall be final subject to any judicial review permitted by law.
If any provision of this chapter is held invalid by a court of competent jurisdiction, such holding shall not affect other provisions that can be given effect without the invalid provision.
This chapter shall take effect immediately upon filing in the office of the Secretary of State as provided by law, or upon the Board's adoption of the rules, whichever shall last occur.