A clean, wholesome and attractive environment is declared to be of vital
importance to the health, welfare and safety of the inhabitants of the Town
of New Hartford, as is the safeguarding of their material rights against unwarrantable
invasion and the protection of public health. In addition, such an environment
is deemed essential to the maintenance and continued development of the economy
of the Town of New Hartford and the general welfare of its citizens. Therefore,
recognizing the above and the need of the community for an effective and well-regulated
procedure for the handling and disposal of solid waste, and in the exercise
of its police power in these regards, the Town Board of the Town of New Hartford
does hereby enact this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
CONSTRUCTION AND DEMOLITION DEBRIS
Waste resulting from construction, remodeling, repair and demolition
of structures, road building and land clearing. Such wastes include, but are
not limited to, bricks, concrete and other masonry materials, soil, rock,
lumber, road spoils, paving material and tree and brush stumps.
FARM HAZARDOUS WASTE
All containers containing pesticides and/or pesticide residue and
which can no longer be utilized for farm purposes.
GREEN WASTE
Grass clippings, leaves and cuttings from shrubs, hedges and trees.
The terms "garbage," recyclable material," "construction debris" and "major
appliances" shall not be construed to include "green waste."
HOUSEHOLD GARBAGE
Putrescible solid waste, including animal and vegetable waste resulting
from the handling, storage, sale, preparation, cooking or serving of foods.
Garbage originates primarily in home kitchens, stores, markets, restaurants
and other places where food is stored, prepared or served.
LARGE HOUSEHOLD FURNISHINGS
All other large and/or bulky articles actually used in the home and
which equip it for living (as chairs, sofas, tables, beds, carpets, etc.).
MAJOR APPLIANCES
A large and/or bulky household mechanism (as a refrigerator, washer,
dryer, stove, etc.) ordinarily operated by gas or electric current.
PERSON
Any individual head of household, landlord, chief executive officer,
owner or manager of a commercial or industrial establishment and all entities
of any kind capable of being sued.
PUBLIC NUISANCE AFFECTING HEALTH
A nuisance which is a thing, act or occupation or use of property,
premises, equipment or structure, either private or public, affecting the
health of one or more persons.
RESIDENT
Any person having a domicile within the general limits of the Town
of New Hartford, including landlords and tenants. The term shall also include
any person, firm, partnership, corporation or other association operating
an established business within the limits of the Town of New Hartford.
SOLID WASTE
All putrescible and nonputrescible solid wastes, including but not
limited to materials or substances discarded or rejected as being spent, useless,
worthless or in excess to the owners at the time of such discard or rejection,
or which are being accumulated, stored or physically, chemically or biologically
treated prior to being discarded or rejected, having served their intended
use, or as a manufacturing by product, including but not limited to garbage,
refuse, industrial, commercial and agricultural waste sludges from air or
water pollution control facilities or water supply treatment facilities, rubbish,
ashes, contained gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted water-carried
materials or substances and those in gaseous form, special nuclear or by-product
material within the meaning of the Atomic Energy Act of 1954, as amended,
or waste which appears on the list or satisfies the characteristics of hazardous
waste promulgated by the Commissioner of Environmental Conservation.
It shall be unlawful for any person to throw, spill, place, deposit
leave or cause to be thrown, spilled, placed, deposited or left, or permit
any agent, servant, or employee to throw, spill, place, deposit or leave,
in or upon any street, highway, alley, sidewalk, park or public building or
in any running water or body of water within the Town of New Hartford any
form of solid waste, including sanitary sewage or sewage by-products or any
material subject to be carried by the wind or unwholesome or putrescible matter
of any kind.
It shall be unlawful for any person as a passenger, driver, owner, manager
or conductor of any automobile, truck, tractor, motorcycle, bicycle, bus,
conveyance or other vehicle to throw, spill, scatter, place, discard, deposit
or leave any solid waste, be it bundled, bagged or otherwise, from any vehicle
or conveyance in or upon any public or private lands within the Town limits.
It shall be unlawful to dispose of any solid waste material anywhere
in the Town of New Hartford except:
A. In a lawfully established landfill site operated by the
Town of New Hartford; or
B. At any other refuse site approved by the Oneida County
Solid Waste Authority and the New York State Department of Environmental Conservation.
[Added 4-4-2001 by L.L. No.
4-2001; 6-21-2006 by L.L. No. 3-2006]
The following shall apply to each and every private residential property
that participates in the Town’s annual curbside trash collection program
and to each and every private residential property that participates in the
Town’s seasonal collection of green waste, excluding leaf pickup:
A. Trash, as defined elsewhere in this Code and on a year-to-year
basis in the Town’s Annual Curbside Collection brochure, shall not be
placed within the highway rights-of-way prior to one week before the Town’s
published collection date.
B. Green waste, excepting leaves, as defined elsewhere in this Code
and on a year-to-year basis in the Town’s Annual Curbside Collection
brochure, shall not be placed within the highway rights-of-way prior to the
weekend preceding the Town’s published collection date.
C. Violations shall be given by the Town to the resident,
and to the property owner if different from the resident, and the resident
or property owner shall have 24 hours to remove the trash and/or green waste
from the highway rights-of-way. Noncompliance within the twenty-four-hour
period shall result in the Town’s ability to cause the removal of the
trash and/or green waste to the Oneida-Herkimer Solid Waste Authority facility,
and the property owner, if different from the resident, shall be subject to
a fine of $200 and be responsible for any and all costs incurred by the Town
for the removal of the trash and/or green waste.
All vehicles used in the transport of solid waste material, operated
on any street or highway within the Town limits, shall be equipped with a
cover so as to prevent any material from escaping from the vehicle. The failure
of any commercial hauler or private person to utilize covered vehicles for
the transport of solid waste material shall, in itself, constitute a violation
of this chapter.