[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 3-14-1974 as Art. II of Ch. 11 of the Code of Ordinances. Section 137-16 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter shall be known and may be cited as the "Ellenville Antilitter Ordinance."
The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein.
- Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
- Includes "garbage," "refuse" and "rubbish," as defined herein, and all other waste material which, if thrown or deposited as prohibited in this Article, tends to create a danger to public health, safety and welfare.
- Includes a park, reservation, playground, recreation center or any other public area in the village, owned or used by the village and devoted to active or passive recreation.
- PRIVATE PREMISES
- Includes any yard, grounds, walk, driveway, porch, steps or mailbox belonging or appurtenant to any dwelling, house, building or other structure.
- PUBLIC PLACE
- Includes any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
- All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.
- Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices exclusively upon stationary rails or tracks.
All garbage shall be placed in a private container for collection. Such container shall be constructed of metal or plastic, shall have a handle and shall be kept covered at all times.
All rubbish shall be deposited in authorized private receptacles. The placement of rubbish in authorized private receptacles to be collected shall be so as to prevent the rubbish from being scattered or from being carried by the elements.
Authorized private receptacles for rubbish pickup shall be of galvanized iron or other material of substantial construction, with two handles and of such size that, when filled, they can be easily handled by one man, excepting commercial bulk containers. Each container shall have its own lid and be securely covered. Boxes containing rubbish and capable of being handled by one man will be allowed, provided that they are securely covered and tied. Newspapers, magazines and other such materials must be bundled and securely tied. No other type of container for rubbish will be allowed under this chapter, with the exception of authorized general cleanup collection.
Authorized private receptacles shall be placed in a location so that the same is not visible from the public street or sidewalks, except for the period of time commencing after 6:00 p.m. on the evening immediately prior to the date rubbish is scheduled for collection by an authorized rubbish removal company, and ending at 7:00 p.m. on the day in which the rubbish has been collected.
[Added 1-9-1995 by L.L. No. 2-1995]
Editor's Note: This local law also provided for the renumbering of former Subsection C as Subsection D.
Rubbish will not be collected, unless put out for collection in accordance with this section.
No person shall deposit household rubbish or garbage in public litter receptacles.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the village.
No person shall sweep into or deposit in any gutter, street or other public place within the village the accumulation of litter from any building or lot or any litter from any public or private sidewalk or driveway.
No person shall throw or deposit litter in any park, parking lot or vacant lot within the village. Where public receptacles are not provided in a park, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
No person, being the driver of or a passenger in a vehicle, shall throw or deposit litter upon any street or public place within the village or upon any private property.
No person shall transport in any truck or other vehicle or in any other manner through the public streets of the village, streets to which the public has access or over any land owned or controlled by the village any ashes, waste material, rubbish, discarded boxes, barrels or other containers of merchandise or discarded material of any kind or description consigned to a dump or to any other destination, unless the same is conveyed or transported in a truck, vehicle or other manner entirely covered or enclosed so that material cannot escape while being so transported. In the event that the same shall be transported or conveyed other than in an entirely closed truck, vehicle or otherwise, such material being so transported and conveyed shall be covered by a canvas or covering of a similar nature, securely fastened so as to prevent the material escaping from the truck, vehicle or otherwise onto the streets, sidewalks, ways, public land or private property. It shall be unlawful for any person to so convey and transport ashes, rubbish, waste or discarded material of any nature through the public streets of the village, on ways open to the public or over land owned or controlled by the public or willfully to deposit or negligently to allow such material to escape onto the streets and other places while being so transported and conveyed. It shall be the duty of every person transporting and conveying such material to stop and recover the same, in the event of any escape or loss thereof, irrespective of the cause of the escape or loss.
No person shall throw or deposit in any pond, brook or natural waterway within the limits of the village any dead animal, dead fish or fish waste, rubbish, filth, foul or offensive substance or any refuse matter whatsoever, fuel, lubricating oil, fish oil or other greasy substance so that the same shall create a danger to the public health, safety and welfare.
No person shall throw or deposit litter on any occupied private property within the village in such a manner that it tends to create a danger to the public health, safety and welfare, whether owned by such person or not, except that the owner or person in control of private property may maintain private receptacles for collection, as authorized by this chapter. Litter will be prevented from being carried or deposited by the elements from any such occupied private property to the street, sidewalk or other public place or upon any private property.
No person shall throw or deposit litter on any open or vacant private property within the village, whether owned by such person or not, so that the same shall create a danger to the public health, safety and welfare.
The owner or person in control of any private property shall at all times maintain his premises free of litter so that the same does not constitute a danger to the public health, safety and welfare. This section shall not prohibit the storage of litter in authorized private receptacles for collection.
The Village Manager or other village representative is hereby authorized and empowered to order the owner of any open or vacant private property within the village, or the agent of such owner, to properly dispose of litter located on such owner's property which is dangerous to public health, safety or welfare. Such order shall be by registered mail, addressed to the owner at his last known address.
Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
[Added 1-9-1995 by L.L. No. 2-1995]
Property owners making application to the Planning Board of the Village of Ellenville for site plan approval, subdivision approval or for a special use permit should show on the site plan the proposed location of all commercial and industrial solid waste dumpsters or other trash receptacles. To the extent that a site plan or special use permit is not required, or with respect to existing properties, the location, construction, proper closures and screening of all commercial and industrial solid waste dumpsters within the Village of Ellenville shall be approved by the Code Enforcement Officer.
[Amended 10-10-2006 by L.L. No. 15-2006]
Dumpsters shall be enclosed on all sides with a fence.
All persons using a dumpster within the Village must first apply for and procure a permit to erect or install a dumpster enclosure.
Attached to all applications for permit under this section shall include a plot plan showing the location of the dumpster location and all overhead utilities on the premises.
All enclosures shall be large enough to accommodate the dumpster therein for safe and expedient service by the waste removal company servicing the same.
The dumpster and enclosure shall be placed on a concrete pad with a minimum concrete depth of four inches.
The fencing which constitutes the enclosure shall be composed of wood, concrete, vinyl or chain link fence with slats. (Wooden fencing must be of the shadow-box design).
The height of the fence enclosing the dumpster shall not exceed eight feet in height.
The enclosure shall be constructed in such a manner that all the structural members, including braces, posts, poles and other projections, shall be in the interior side of the fence.
The gates to the enclosure shall be constructed with commercial grade hinges, poles, and hasps.
The supporting poles for the gates shall be metal with the appropriate diameter to support the gate at least 1 5/8 inches in diameter.
The gates shall have a closing latch, and gates must remain closed at all times except during service.
Dumpsters with attached lid tops will not require enclosures and shall be tightly closed or secured at all times.
This chapter shall be applicable to all dumpsters serving any habitable dwelling, commercial and/or industrial building.
In addition to any and all other requirements provided for in this section, the location of dumpsters shall, in all events, conform to all applicable state and local fire codes.
No dumpsters should be located in or on a public right-of-way so as to interfere with the flow of traffic. In addition, no dumpster shall be located in a municipal parking lot, nor shall any dumpster be visible from any public street or sidewalk.
Litter, including garbage, refuse and rubbish, must be completely contained within the dumpster. No accumulation of litter will be permitted outside the confines of the dumpster, nor will it be permitted to accumulate litter so that the dumpster container cannot be firmly closed.
All dumpsters shall be kept in good repair, be structurally sound, be leakproof and be easily opened and closed. Dumpsters shall be painted as required by the Code Enforcement Officer to prevent a show of rust and deterioration and be so constructed as to stand firmly upright.
All dumpsters shall have the name of the company or individual owning such dumpster clearly printed on either the front or back of such dumpster.
Notwithstanding the foregoing provisions of this section, dumpsters used for construction purposes for a period not to exceed 90 days shall not be subject to the provisions of this section, provided that the overflow from the dumpster is not spilled in the area of the site.
Relief from any of the provisions of this section which is alleged to be a hardship may be obtained by submitting, in writing, to the Village Board a statement detailing the hardship and relief requested. The Village Board shall review and confer with the Code Enforcement Officer, and thereafter render a decision within 30 days after the written request is received by the village. In the event that the hardship involves site location of a dumpster, a site plan of the property shall be submitted, showing the proposed site location of the dumpster, the distance from the property line or right-of-way and whatever pertinent information the petitioner feels will be relevant to his presentation.
[Added 6-1-1987 by L.L. No. 2-1987; amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this chapter shall, for the first conviction thereof, be punished by a fine of not less than $100 and not more than $5,000; for a second or subsequent conviction within 24 months after any previous conviction, such person shall be punished by a fine of not less than $200 and not more than $10,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional violation.