[HISTORY: Adopted by the Town Board of the
Town of Irondequoit as indicated in article histories. Amendments
noted where applicable.]
[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."
A.
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.
B.
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]
C.
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.
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.
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.
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.
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 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.
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:
ALUMINUMAluminum products and containers fabricated primarily of aluminum and commonly used for beer, soda, beverage or other food or drink products and other aluminum products.
CONSTRUCTION AND DEMOLITION DEBRISMaterial resulting from the construction, renovation, equipping, remodeling, repair and demolition of structures and roads; and material consisting of vegetation resulting from land clearing and grubbing, including stumps and logs, utility line maintenance and seasonal and storm-related cleanup. Such material includes but is not limited to bricks, concrete and coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing and shingles, asphaltic pavement, glass, plastics, electrical wiring and components, carpeting, foam padding, linoleum and metals that are incidental to any of the above.
CORRUGATED CARDBOARDWoodpulp-based material which is usually smooth on both sides with a corrugated center, commonly used for shipping boxes, retail store displays, some retail folding carton packaging and in lighter calipers, fast food packaging. Corrugated excludes material with wax coating.
GLASS BOTTLESNew and used glass food and beverage containers which have been rinsed and are free of food contamination, including clear (flint), green and brown (amber) colored glass bottles. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored glass or flat glass.
HIGH-GRADE PAPERWhite and colored office bond, duplicating paper, computer paper and other high-quality paper.
LARGE APPLIANCESStoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal and excluding air conditioners, microwaves and televisions.
MAGAZINESMagazines, glossy catalogs and other glossy paper.
METAL CANSContainers fabricated primarily of steel or tin, or bimetal cans of steel, tin and/or aluminum, but not including aluminum cans.
NEWSPRINTCommon, inexpensive machine-finished paper made chiefly from woodpulp and used for newspaper. This term excludes magazines.
PAPERBOARDWood-pulp based materials which are generally smooth on both sides commonly used for retail folding carton packaging. Typical varieties are solid bleached sulfate (SBS), solid unbleached sulfate (SUS), thermal mechanical pulp (TMP) and clay coated news (CCN).
PLASTICSHigh-density polyethylene (HDPE) with the recycling numerical code 2 (primarily milk and water jugs and cooking oil bottles), low-density polyethylene (LDPE) with the numerical code 4 and polyethylene terepthalate (PET) with the numerical code 1, primarily one- and two-liter soft drink containers. Such containers are identified with the New York State Recycling Code, generally on the bottom of the containers, such as diagrammed below on Appendix A attached.[1]
WOOD WASTELogs, pallets and other wood materials.
YARD WASTEGrass clippings, leaves, garden debris, brush and small or chipped branches. Christmas trees shall be treated as brush. Brush includes sticks and small branches which do not exceed four feet in length and are tied in bundles.
YARD WASTE FOR COMPOSTINGIncludes fallen leaves, grass and hedge clippings, weeds, the remains of garden plants and materials which result from normal care of residential lawns, shrubs and gardens.
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.
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.
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.
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.
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.
[1]
Editor's Note: Appendix A is on file in the
office of the Town Clerk.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
General liability.
(1)
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.
(2)
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.
A.
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.
B.
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]
C.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
Grass clippings will not be collected by either the
town or by refuse collectors as part of their regular service.
D.
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.
A.
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.
B.
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]
A.
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.
B.
No containers may be placed at the curb before 4:00
p.m. of the day preceding the scheduled pickup day. 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 collection
is made from the premises.
[Amended 4-18-2023 by L.L. No. 3-2023]
A.
No vehicle used by a refuse collector shall travel
into a residential driveway for the purpose of collecting refuse or
recyclables.
B.
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]
C.
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.
D.
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.
A.
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.
B.
Construction and demolition waste.
[Amended 5-2-1995 by L.L. No. 10-1995; 7-20-1999 by L.L. No. 5-1999]
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
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.
E.
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.
F.
Yard waste.
[Amended 5-2-1995 by L.L. No. 10-1995]
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
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]
A.
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.
E.
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.
F.
It shall be unlawful for any person, firm or corporation
to violate any other provisions of this article.
G.
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]
A.
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.
B.
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.
C.
Violation orders shall be in writing and shall generally
identify the property and/or the business and the violation.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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]
