[HISTORY: Adopted by the Town Board of the Town of Irondequoit as indicated in article histories. Amendments noted where applicable.]
Article I Waterways
Article II Collection and Disposal
[Adopted 1-20-1977 as Ch. 174 of the 1977 Code]
No person shall dump, place or dispose of any substances, including but not limited to sludge, cinders, ashes or refuse of any type whatever, in any of the streams, tributaries or waterways within the jurisdiction of the Town of Irondequoit.
[Amended 2-4-1997 by L.L. No. 1-1997]
The violation of this article shall be deemed a misdemeanor, punishable as provided in § 1-16. Each separate offense shall constitute a separate violation. The provisions hereof are in addition to the regulations, restrictions and requirements contained in the Environmental Conservation Law.
[Adopted 9-17-1991 by L.L. No. 7-1991]
This article shall be known as the "Solid Waste Management Law of the Town of Irondequoit."
The Congress of the United States has mandated resource recovery as a component of solid waste management and to that end has enacted the National Resource Recovery Act of 1989 which mandates recycling as a method of resource recovery. The New York State Legislature has followed the federal mandate in enacting the New York State Solid Waste Management Act of 1988 which requires recycling of waste materials as a component of the New York State Solid Waste Management Law and requires that municipalities adopt a local law or ordinance to require that solid waste which has been left for collection or which is delivered by the generator of such waste to a solid waste management facility shall be separated into recyclable, reusable or other components for which economic markets for alternate uses exist. As mandated by the New York State Solid Waste Management Act of 1988, the County of Monroe has enacted Local Law No. 4-1991, entitled "Solid Waste Reuse and Recycling Law," which requires, among other things, that each municipality within Monroe County enact a mandatory recycling ordinance or local law.
The purpose of this article is to comply with the mandate of the federal, state and county governments for the management, on a town-wide basis, of all solid waste generated within the Town of Irondequoit and to authorize the supervision and regulation of the storage, collection and disposition of all or part of any solid waste generated within the Town of Irondequoit, emphasizing the source reduction, recovery and recycling of certain materials in the waste stream.
[Amended 7-20-1999 by L.L. No. 5-1999]
Therefore, the Town of Irondequoit, with suggestions from the Solid Waste Management Commission, will continue to investigate solutions to the numerous problems created by the volume of solid waste and from time to time will make suggestions for further modifications, refinements or additions to this article.
[Amended 5-2-1995 by L.L. No. 10-1995; 7-20-1999 by L.L. No. 5-1999]
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- The Solid Waste Administrator of Monroe County.
- AUTHORIZED RECYCLING FACILITY OR FACILITIES
- Any and all permitted or specifically exempt facility or facilities for processing, reprocessing and/or recycling recyclable materials which are specified in the rules and regulations promulgated pursuant to this article. This term shall exclude incineration facilities, waste-to-energy facilities and landfills.
- BULKY REFUSE
- Waste materials of large size typically constructed of sheet metal or wood and/or which cannot be readily collected and/or disposed of in its original size and shape. Bulky refuse includes but it not limited to large appliances such as stoves, refrigerators, washing machines, hot water heaters and dishwashers, household furniture and mattresses, derimmed vehicle tires up to 16 inches in size, carpeting, foam padding and linoleum. Other waste materials may be categorized as "bulky waste" in the future by the Commissioner of Public Works/Superintendent of Highways with the approval of the Town Board.
- The converting of yard waste into usable organic materials through controlled decomposition within a containment structure.
- CONSTRUCTION AND DEMOLITION WASTE
- Uncontaminated solid waste resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures, roads, driveways, sidewalks and gutters, including but not limited to road waste, such as asphaltic pavement, gravel, stone, soil and concrete, and remodeling waste, such as bricks, concrete and other masonry material, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, unsealed plastic and electrical fixtures and wiring, and tree removal waste, such as stumps and logs.
- All containers must be of a sufficient strength and construction to contain the material to be disposed of in said container and must comply with all other restrictions on containers as set forth in this article.
- DUMPSTER ENCLOSURE
- Structures utilized to enclose dumpsters in zoning districts other than single family residential districts.
- Putrescible solid waste, including animal and vegetable waste, resulting from the handling, storage, sale, preparation, cooking or serving of foods. Garbage/rubbish originates primarily in home kitchens, stores, markets, restaurants and other places where food is stored, prepared or served. Garbage/rubbish includes but is not limited to food, waste, rags, packing, clothing, sweepings, ashes, crockery, shells and some wastepaper.
- Commerations recognized by law, including Christmas Day, New Year's Day, Thanksgiving Day, Memorial Day, Independence Day and Labor Day.
- HOUSEHOLD HAZARDOUS WASTE
- Household waste which but for its point of generation would be a hazardous waste under 6 NYCRR 371, as amended or changed. Household hazardous waste includes but is not limited to used oil, paints, solvents, drain cleaners, pesticides and herbicides. Hazardous wastes generally exhibit one or more of the following characteristics: ignitability, corrosivity, reactivity, carcinogenicity or toxicity.
- Any individual, firm, partnership, company, corporation, association, society, group or other legal entity.
- RECYCLABLE MATERIALS
- Solid waste that exhibits the potential to be used in the place of a virgin material and includes but is not limited to the following:
- Anything putrescible or nonputrescible that is discarded or rejected as useless or worthless and is eligible for collection under this article. Refuse does not include hazardous waste or recyclables.
- REFUSE COLLECTOR
- Any person, firm, corporation or legal entity licensed to carry on the business of receiving, collecting, transporting or disposing of garbage, refuse, construction and demolition material, yard waste, recyclables and bulk refuse for hire within the Town of Irondequoit.
- ROLL-OUT CART
- A garbage/rubbish container provided by a person's refuse collector mounted on an axle with wheels and which has an attached lid that protects the contents from rain, wind and other elements. The container is designed to attach to either the side or rear of a collection vehicle and be lifted by a mechanical cart lifter into the hopper portion of the collection vehicle so that the contents can be emptied into the collection vehicle prior to compaction into the body of the collection vehicle. The size of the cart shall not exceed 100 gallons.
- SOURCE SEPARATION
- The segregation of recyclable materials and other recoverable materials from solid waste at the point of generation for separate collection, sale or other disposition.
- The Town of Irondequoit.
- WASTE STREAM REDUCTION PROGRAM
- Source separation, recycling program, changes to packing portion of the waste stream to reduce solid waste generated, activities and enterprises of scrap dealers, processors and consumers and other programs designed to reduce the volume of solid waste or enhance reclamation and recovery of solid waste or recyclable materials otherwise destined for the municipal waste stream. For purposes of this definition, such waste stream reduction programs shall not include the processing of waste for incineration or disposal by landfill or other means.
Editor's Note: Appendix A is on file in the office of the Town Clerk.
For business for collecting. No person shall engage in the business of receiving, collecting or transporting residential and/or commercial refuse or recyclable materials in the town without first obtaining a license to carry on such business from the town and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any person from transporting for the purpose of disposal such refuse, bulky refuse, yard waste or recyclables as is normally generated by such person on his or her own premises or in his or her own business. Licenses issued pursuant to this article shall be for a period of one year, renewable each calendar year, to ascertain that all conditions of this article are being complied with, and subject however to the revocation thereof as provided herein. An annual fee shall be charged for licenses issued pursuant to this section. Such fee shall be determined by the Town Board, by resolution, and may be adjusted on an annual basis. All licenses will be effective from January 1 to December 31 for the year in which the annual fee was paid for.
Application for license. Application shall be upon forms approved by the Town Board. Each applicant shall state in such application his or her name, address, legal character (whether corporation, partnership or individual), name and address of all stockholders, directors or partners, whether he or she or any stockholders, officers, directors, or partners have ever been convicted of any crime and such other information, from time to time, as the Town Board may require. The Town Clerk is hereby authorized to issue temporary permits to any licensed collector to use such additional trucks as are necessary for a period not to exceed 30 days for a fee as determined by the Town Board. The license application for each and every license shall require a route list, the name and address of a backup service company in the event of equipment or manpower failures and proof of access to legal disposal facility.
A bond in the sum of $20,000 shall be executed by every person or corporation engaged in the refuse collection business within the town and shall be filed with the Town Clerk before such license shall be issued. Such bond shall be conditioned that said license shall comply with the laws, codes, ordinances and regulations of the State of New York, County of Monroe, Town of Irondequoit, and all lawfully issued orders of the Town Board and that the town will be indemnified and held harmless from any and all claims for any and all claims for any damages or liabilities, including attorney's fees, caused by or arising out of any act or omission of the licensee, his or her agents or employees or by his or her failure to comply with applicable statutes, ordinances, rules, regulations or orders. Said bond shall be in such form and contain such sureties as shall be approved by the Town Board and the Town Attorney.
Every license issued by the Town Clerk pursuant to this article shall be subject to the following conditions and to such other reasonable conditions as may be imposed by the Town Board. All requirements of licensing must be complied with by January 31 of each year.
Watertight, enclosed vehicle bodies equipped with compaction unit. Vehicles used by refuse collectors in the collection and transportation of garbage or rubbish within the Town of Irondequoit shall have watertight, enclosed bodies, to the extent practicable by existing technologies, and shall be equipped with a compaction unit. Licensees shall be allowed to use open service trucks only for emergency use and also for the purpose of collecting bulk refuse and recyclables. The determination of emergency conditions shall be in the sole discretion of the Commissioner of Public Works/Superintendent of Highways. Vehicles used by refuse collectors in the collection and transportation of garbage or rubbish within the Town of Irondequoit shall be clearly identified on both sides with the name and telephone number of the refuse hauler.
Inspection of vehicles used by collectors. All vehicles used by refuse collectors shall be available for inspection by the Commissioner of Public Works/Superintendent of Highways or any other person or persons whom he or she may designate as his or her agent prior to the issuance of any license pursuant to the provisions of this article. Such vehicles shall pass inspection if they comply with the applicable provisions of this article and any other such standards promulgated and issued by the Commissioner of Public Works/Superintendent of Highways with the approval of the Town Board.
Refuse collector's fees. All refuse collectors shall submit a list of their fees charged. All prices shall be subject to approval of Town Board. There shall be no increase in price or additional charge to any individual without the consent of the Town Board. This does not apply to those items refuse collectors are not obliged to pick up by this article.
[Amended 5-2-1995 by L.L. No. 10-1995]
Upon payment of the license fee and approval by the Commissioner of Public Works/Superintendent of Highways or such other person as may be designated by the Town Board of the application therefor, the Town Clerk shall issue a license to the owner, together with a decal which shall be affixed to a conspicuous and an indispensable part of each and every vehicle, used in such collections and transportation as set forth in this article, on which shall be set forth clearly the official number of such license with the words "Town of Irondequoit Solid Waste Collection License."
Renewal licenses shall be issued in the same manner and subject to the same conditions as original licenses and any additional requirements the town may deem necessary in consideration of the health, safety and welfare of the town, its residents and property.
No license or permit issued under the provisions of this article shall be transferable.
Motor vehicles. All trucks must have a minimum liability insurance policy for personal injuries in the amount of $500,000 per person and $1,000,000 per accident and $100,000 coverage for property damage. A certificate of insurance must be furnished by each refuse collector indicating these limits, including contractual liability, and the Town of Irondequoit is to be named on this policy as an additional insured.
A refuse collector throughout the term of the license shall maintain in full force and effect for the benefit of the town and naming the town as additional insureds and the refuse collector as parties insured therein comprehensive general public liability insurance, including, without limitation, umbrella liability coverage against claims for personal injury, death or damage to property incurring as the result of receiving, collecting or transporting residential and/or commercial refuse or recyclable materials in the town with limits of not less than $1,000,000 for personal injury or death of one person and $3,000,000 arising out of one occurrence and $100,000 for property damage.
The insurance required hereunder shall be issued by an insurance company licensed to do businessman the State of New York prior to the issuance or renewal of any license, and thereafter, on or before expiration of any expiring policy, the refuse collector shall furnish renewals thereof, together with proof of payment of premiums therefor, within 60 days after the renewal date. If such insurance is carried under a blanket policy, the refuse collector may deliver a certificate in lieu of the original policy. Each policy or renewal shall contain a provision for written notice to the town at least 30 days prior to the cancellation or any modification thereof.
Each refuse collector must provide forthwith and at all times during the term of the license provided a telephone number and be prepared to receive and answer messages for a minimum of eight hours every business day of the year, from the hours of 8:00 a.m. to 4:00 p.m. Each refuse collector shall respond to each inquiry, complaint or message within 24 hours.
No individual, whether owner, officer, partner or director of a corporation, will be eligible for a license if the applicant shall have been convicted of a misdemeanor or felony which, in the judgment of the Town Board, renders the applicant unfit or undesirable to carry on with the duties involved with a refuse collector.
No person and/or resident, collector or employee shall be under the influence of drugs and/or alcohol or use gross discourteous language during collection or when discussing business over the telephone.
[Amended 7-20-1999 by L.L. No. 5-1999]
Any changes in ownership where the license is not affected must be reported to the Town Board within five days.
No refuse collector shall refuse to render service when asked by any person located within the refuse collector's primary service area. Terms and conditions of providing collection service shall be agreed upon between the individual and the refuse collector, but shall be uniform for all customers and shall not discriminate for other than valid business reasons. The refuse collector shall continue to provide service during any dispute with any person, but shall have the right to appeal to the Commissioner of Public Works/Superintendent of Highways relative to continuing the service to any person. The Commissioner of Public Works/Superintendent of Highways shall render a decision within 30 days of the written presentation of the appeal to him or her.
[Amended 7-20-1999 by L.L. No. 5-1999]
All collectors must offer, in addition to their normal full service rate, at least one optional low-volume rate to their customers. This low-volume rate must provide for weekly pickup of recyclable, as well as small amounts of, garbage/rubbish. The pickup of bulky refuse, construction and demolition waste and yard waste would not be included without an extra charge to low-volume rate customers. All collectors must provide, annually and upon request, to each of their current customers, and those wishing to become customers, a printed menu detailing the different types of service the collector offers to residential customers.
No person shall accumulate or permit the accumulation of refuse upon any premises owned or occupied by him or her except for the purpose of collection which shall normally occur at intervals not less frequent than once every seven days, except for holidays, Sundays, vacations or extraordinary weather or except where caused by or arising out of the construction or remodeling of a dwelling or other building on the premises or incidental to the landscaping of said premises or customary agricultural operations thereon, in which case due care shall be taken that such accumulation shall not create an unsightly appearance or unreasonably disturb the comfort and repose of the neighborhood and shall be removed within a reasonable time or immediately upon completion of the work causing such accumulation.
The provisions of this sections shall not be deemed to prohibit a private property owner from making and retaining a compost heap on his or her property for normal gardening purposes or from mulching an area of his or her property in accordance with customary gardening practices, provided that said compost heap is contained in a post and fencing or pallet or manufactured composting container; that the materials composted are limited to fruits, vegetables, coffee grounds and yard waste for composting, as defined in this article; that composting containers are located no fewer than three feet from side or rear yard property lines; and that the owner makes reasonable efforts to maintain an attractive appearance and keep odors to a minimum.
[Amended 9-26-2000 by L.L. No. 8-2000; 7-27-2010 by L.L. No. 1-2010]
The determination of violations related to this provision shall be in the sole discretion of the Director of Development Services and/or his/her designee or as designated by the Town Board.
[Amended 7-20-1999 by L.L. No. 5-1999]
[Amended 2-4-1997 by L.L. No. 1-1997; 8-18-1998 by L.L. No. 1-1998; 7-20-1999 by L.L. No. 5-1999; 11-20-2007 by L.L. No. 6-2007]
Every owner of any residence, building or place of business within the Town shall provide for, or cause to be provided, and at all times keep suitable and sufficient receptacles, as defined in § 192-25 of this article, for receiving and containing garbage and garbage/rubbish that may accumulate or be used upon said premises. Every owner of any residence, building or place of business must be able to demonstrate that the residence, building or place of business is serviced by a refuse collector or a legal disposal facility. Failure to provide proof of refuse collection when requested by the Code Enforcement Official will constitute a violation of this article and subject to penalties for offenses as outlined in § 192-31. Except as otherwise provided in this article, refuse receptacles must be stored behind the front foundation line of the primary structure, and/or accessory structure attached thereto or within an enclosed building or dumpster enclosure. For the purposes of this article, properties located on a corner lot, both street frontages shall be deemed to be front yards.
Dumpster enclosure requirement. Dumpsters are required to be enclosed as per site plan approval or in a manner approved by the Director of Community Development and/or his/her designee, as to provide screening from neighboring property. Dumpster lids are to be closed at all times and shall not spread offensive odors or their contents to neighboring property. In addition, the dumpster pad shall be kept clean, and the dumpster shall remain accessible for collection at all times.
No person shall throw or deposit or cause to be thrown or deposited any refuse, hazardous waste or recyclable materials in or upon any portion of a public right-of-way, street or place or on any property not owned or occupied by him or her, nor in any refuse container not owned, leased or rented by him or her within the town.
[Amended 7-20-1999 by L.L. No. 5-1999]
Recyclables shall be prepared for collection in accordance with guidelines provided by the refuse collectors and approved or otherwise established by the town. Refuse collectors shall provide curb side collection of recyclables. Recyclables to be picked up must be set out in appropriate containers as specified by the Commissioner of Public Works/Superintendent of Highways or any subsequent and pertinent ordinance or law or as designated by the refuse collectors and shall not be placed at the curb before 4:00 p.m. of the day preceding the scheduled pickup day. Empty containers must be returned and stored behind the front foundation line of the primary structure or within an enclosed building or dumpster enclosure as required under this article by the end of the service day.
[Amended 5-2-1995 by L.L. No. 10-1995]
All brush must be cut to a length of not more than four feet. All branches/brush under two inches in diameter must be bundled. Material two inches in diameter and larger may also be bundled. The bundles must be bound with rope or twine (not wire), should not weigh more than 50 pounds and should not be more than 16 inches across.
In the fall, leaves shall be collected by the refuse collectors. All leaves must be in containers approved by the Commission of Public Works/Superintendent of Highways. Wheelbarrows, lawn carts and fifty-five-gallon drums are not considered suitable containers for the collection of leaves. Leaves must not be mixed with other refuse materials set out for collection. Leaf collection in the town may begin on or about October 15 of each year and ending on or about December 31 of each year.
Grass clippings will not be collected by either the town or by refuse collectors as part of their regular service.
If a resident contracts with a private lawn service or tree removal service, it is the responsibility of the hired contractor to properly remove and dispose of material generated by his or her work.
Appliances and bulky refuse shall be dismantled in such a way so as not to pose a threat to public health and safety. For example, refrigerator doors must be removed from their hinges.
Pursuant to the rules of the Commissioner of Public Works/Superintendent of Highways, as approved by the Town Board, all bulky refuse, where practicable, construction and demolition waste shall be bagged or bundled into packages not weighing more than 50 pounds. Such materials are to be placed at the curb in an area five feet by five feet square, by three feet high or an equivalent volume. Amounts in excess of this quantity will require special collection arrangements made by the person with a refuse collector.
[Amended 10-18-1994 by L.L. No. 8-1994; 7-20-1999 by L.L. No. 5-1999; 11-20-2007 by L.L. No. 6-2007]
Garbage/rubbish shall be stored in proper containers. Such receptacles shall be containers of sufficient capacity, and said containers shall have handles and a tight-fitting cover and shall be watertight and shall have a capacity of not less than 18 gallons nor more than 32 gallons. All such receptacles shall be securely closed at all times. However, roll-out carts are acceptable and are not limited by the gallon restrictions herein. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and wastebaskets are prohibited containers for collection or disposal of garbage/refuse.
No containers may be placed at the curb before 4:00 p.m. of the day preceding the scheduled pickup day. Empty containers must be returned and stored behind the front line of the primary structure, and/or accessory structure attached thereto, or within an enclosed building or dumpster enclosure, as required under this article, by the end of the service day.
No vehicle used by a refuse collector shall travel into a residential driveway for the purpose of collecting refuse or recyclables.
Under no circumstances shall collections commence earlier than 7:00 a.m., and all collection work shall stop at 6:00 p.m., with the exception of commercial establishments on Ridge Road East where commercial collections may commence at 6:00 a.m. and shall stop at 6:00 p.m. No collections shall be made on Sundays or holidays.
[Amended 6-19-2001 by L.L. No. 7-2001]
Each refuse collector shall issue to his or her customers on an annual basis, at his or her own expense, written information giving his or her customers his or her name, address and telephone number, stating the day upon which collection is made, and said written information shall contain a summary of services to be rendered by the refuse collector, conditions for pickup and rates. The town and Monroe County Division of Solid Waste shall provide information with respect to the requirements of the recycling and yard waste programs.
At least two refuse collectors shall be available to service customers in all areas of the town. The Commissioner of Public Works/Superintendent of Highways shall have the authority to assign a refuse collector to a particular customer or location if the customer is in an area of town serviced by one or fewer refuse collectors and is dissatisfied with their current service. The Commissioner of Public Works/Superintendent of Highways shall assign the refuse collector closest to the service area to the account in question.
Bulky waste. Refuse collectors shall be responsible for the collection of bulky refuse up to an amount as would fit into a five-foot-by-five-foot square and three feet high or equivalent volume. If the amount generated by the resident exceeds this amount, the resident is responsible for making alternative collection arrangements within seven days of generation. There shall be no special charges for the collection of bulky waste properly prepared as specified in this article if included in the customer's refuse hauling rate. Materials which are not properly prepared or which exceed the volume and/or weight requirements as specified may be subject to additional charges as set by the refuse collector; provided, however, that the refuse collector informs the customer of the appropriate preparation requirements as specified in this article and the additional charges to be assessed for noncompliance prior to collecting the material. In any event, the resident is responsible for making appropriate collection arrangements within seven days of generation.
Construction and demolition waste.
[Amended 5-2-1995 by L.L. No. 10-1995; 7-20-1999 by L.L. No. 5-1999]
Broken concrete, rocks, sod, dirt and large pieces of wood, more than two inches and less than six inches in diameter and less than six feet long, are to be legally disposed of by the homeowner generating such waste within seven days of the generation of the debris.
Remodeling, construction and/or demolition debris generated by the homeowner shall be collected by the refuse collector. Refuse collectors shall collect up to an amount as would fit into a five-foot-by-five-foot square and three feet high or equivalent volume. All such debris must be in containers not weighing more than 50 pounds each. Amounts in excess of this quantity require special collection arrangements be made by the homeowner generating such debris with the refuse collector.
Remodeling, construction, demolition, road waste, and/or like debris generated from such activities within the town shall be collected and disposed of by the private contractor performing such work and generating such debris.
Garbage/rubbish. Refuse collectors shall be responsible for the collection of garbage/rubbish. All garbage/rubbish shall be removed from the location where receptacles are placed for collection without spilling. The refuse collector shall in all cases replace the containers and covers in the location where found.
Household hazardous waste. It is the responsibility of residents to properly dispose of household hazardous waste. Household hazardous waste shall not be stored or placed for collection with any other type of refuse.
Recyclables. The collection of recyclable materials shall be the responsibility of the refuse collector. The refuse collector shall in all cases replace the containers and covers in the locations where found. Empty containers shall be removed from the curbside or other place of collection by the occupants of the premises by the end of the day on which the collection is made from the premises. Refuse collectors shall offer collection service for all recyclable materials to all residential customers for whom they provide waste collection services at the same times and on the same days as services are provided to their customers for solid waste collection. Refuse collectors shall not accept for collection solid waste which has not been source-separated in conformity with this article.
[Amended 5-2-1995 by L.L. No. 10-1995]
Leaves in containers approved by the Commissioner of Public Works/Superintendent of Highways shall be collected by the refuse collectors. Residential bundled brush/branches shall be collected by refuse collectors. Grass will not be collected by refuse collectors as part of their regular service. Leaf collection in the town may begin on or about October 15 of each year, ending on or about December 31 of each year.
Loose leaves on private property and/or the right-of-way adjacent to private property shall not be raked into the roadway or stored loose along the road edge for collection. All leaves must be containerized for collection in accordance with § 192-23B of this article. Yard waste material which is not properly prepared or exceeds the volume and/or weight requirements will not be collected. The resident will be responsible for making alternate arrangements within seven days of generation.
Vehicles used in the transportation of garbage or rubbish by licensed haulers within the town, regardless of place of origin, shall be so equipped as to prevent the leakage or spillage of their contents.
Vehicles used in the transportation of garbage or rubbish by refuse collectors within the Town of Irondequoit shall be licensed by the State of New York.
All vehicles and conveyances used by residents in the transportation of garbage or rubbish shall be watertight and so covered that no part of the load shall blow, leak or spill.
[Amended 11-20-2007 by L.L. No. 6-2007]
It shall be unlawful for any person, firm or corporation to engage in the business of receiving, collecting or transporting residential and/or commercial refuse in the Town of Irondequoit without first obtaining a license in accordance with § 192-6 of this article.
It shall be unlawful for any person, firm or corporation to fail to adhere to the requirements of § 192-28 of this article relating to the special regulations applicable to the use of vehicles in the collection and transportation of refuse in the Town of Irondequoit.
It shall be unlawful for any person, firm or corporation to violate any other provisions of this article.
It shall be unlawful to place, throw, deposit or dump or cause to be placed, thrown, deposited or dumped any refuse, residential refuse, building refuse, bulk refuse, commercial refuse, institutional refuse, waste, construction waste, hazardous waste, industrial waste, infectious waste and/or recyclable materials in or upon any premises, street (including the area between the sidewalk and the curb), sidewalk or park or in any litter basket, recycling bin or container placed in a right-of-way, park or public place, or provided for a special project or event. This section shall not apply to refuse placed for collection in front of the premises in which it originated, to filling for which a permit has been granted pursuant to Chapter 196 of the Town Code or to the deposit of litter and recyclables generated on the public right-of-way in Town litter baskets and street recycling bins by pedestrians and motorists, the placement of refuse generated in parks or other public places in provided receptacles, or to the deposit of refuse from special events or projects in containers placed for the collection of such refuse. Any motor vehicle used in connection with the commission of a violation of this section shall be towed in accordance with § 222-29 of the Town Code.
[Amended 8-18-1998 by L.L. No. 1-1998; 12-15-1998 by L.L. No. 8-1998; 7–20–1999 by L.L. No. 5–1999; 11-20-2007 by L.L. No. 6-2007]
Enforcement of this article shall be the responsibility of the Commissioner of Public Works/Superintendent of Highways, the Building Inspector, the Director of Community Development, the Chief of Police or such other department officials or employees of the Town and any other peace officer as may be designated by the Town Board.
Whenever it is found that there has been a violation of this article or any rule or regulation adopted pursuant to this article, a violation order may be issued by the Commissioner of Public Works/Superintendent of Highways, the Director of Community Development, the Chief of Police or their authorized designees to the person, firm or corporation owning, operating or maintaining the premises and/or the business by which such violation has been noted.
Violation orders shall be in writing and shall generally identify the property and/or the business and the violation.
Violation orders and other orders and notices referred to in this article, in the case of violations noted on a particular property, shall be served on the owner or the owner's executors, legal representatives, agents, lessees, tenant or other person having a vested or contingent interest in the premises, either personally or by certified or registered mail, addressed to the last known address, as shown by the last preceding completed records of the Receiver of Taxes or in the Office of the County Clerk. The notice shall specify a time (not less than seven days from receipt of said notice) within which the violation shall be corrected.
Violation orders and other orders or notices referred to in this article, in the case of violations noted on the person, firm or corporation engaged in the business of refuse storage, preparation or collection, shall be served on the owner or some one of the owner's executors, legal representatives, agents or other person having a vested or contingent interest in the business, whether personally or by certified mail, addressed to the last known address.
Whenever a notice referred to in Subsection D of this section has been served upon the owner or the owner's executors, legal representatives, agents, lessees, tenant or other person having a vested or contingent interest in the premises and said noticee shall neglect or fail to comply with the requirements of such notice or notices within the time provided therein, the Commissioner of Public Works/Superintendent of Highways and/or the Director of Community Development shall authorize and complete the work to be done to correct the violation. The cost thereof shall be paid out of the general Town funds to be appropriated by the Town Board for such purposes.
Should the work be completed pursuant to Subsection F of this section, the Town shall be reimbursed for the cost, including out-of-pocket administrative expenses of the work performed or services rendered by assessment and levy, as authorized by the Town Board, upon the lots or parcels of land wherein such work was performed or such services rendered, and the cost so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town charges.
The Commissioner of Public Works/Superintendent of Highways, the Director of' Community Development, the Chief of Police or their authorized designees shall have the authority to issue an appearance ticket subscribed by him or her, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this article or any other order made thereunder.
Any business, firm or corporation who shall fail to comply with any applicable provisions of this article shall be subject to the revocation of the license hereunder. The Town Board shall have the power to revoke any such license for cause shown after a hearing on 10 days' written notice to the license holder, specifying the nature of the violation.
Violation of any of the applicable provisions of this article shall severally for each and every offense be a Class A violation, punishable as provided in § 1-16. The imposition of any one penalty for any violation shall not excuse the violation of defects within a reasonable time, and each day that the prohibited condition(s) or violation(s) continues shall constitute a separate violation. The imposition of the penalties set forth in this section shall be in addition to any other penalty or enforcement procedure set forth in this article or other laws of the Town of Irondequoit or any other jurisdiction, including the application for an injunction to enforce the provisions of this article.
[Amended 2-4-1997 by L.L. No. 1-1997]