[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 56.
[Adopted 7-20-1981 by L.L. No. 9-1981 (Ch. 28 of the 1969
Code)]
Whenever used in this article, the following
terms shall have the meanings given herein:
Animal and vegetable waste resulting from the handling, preparation,
cooking, service and nonconsumption of food and/or any organic waste.
Includes paper, rags, glass, metal, machines, large appliances,
vehicles or vehicle parts, trash and other discarded articles of similar
nature.
Nonputrescible wastes (excluding ashes) consisting of either
or both combustible wastes, such as paper, cardboard, rags, furniture,
plastic, yard clippings, tree branches, leaves and wood, and noncombustible
wastes, such as tin cans and glass.
No animal or vegetable substance, garbage or
house refuse, nor any materials which are offensive or tend to decay
or become putrid or to render the atmosphere impure or unwholesome
shall be thrown, placed or permitted to remain in or upon any street,
stream, yard, lawn, garden, ash heap or other place within the Village,
and the person placing the same or the owner, lessee or occupant of
any premises shall forthwith remove such substance therefrom.
A.
No person shall permit or have any vegetable or animal
substance, water or other liquid on his premises or grounds which
shall give off an offensive odor or be prejudicial to life or health.
B.
No person shall burn, boil, heat, dry, keep or store
any offal, swill, blood, rags or decaying animal or vegetable matter
within the Village limits without the written permission of the Health
Officer.
[Amended 9-6-1993 by L.L.
No. 4-1993]
Every owner of a dwelling unit shall be responsible
for the extermination of any insects, rodents or other pests in said
unit.
[Amended 9-6-1993 by L.L.
No. 4-1993]
The owner of any dwelling unit, building, premises
or place of business in the Village where garbage is accumulated or
exists shall provide or cause to be provided suitable rigid plastic
or metal, leakproof and efficient pails or receptacles with tight
covers for receiving and holding without leakage all garbage that
may accumulate from said unit, premises, business or that portion
thereof of which such person may be the owner. Such pail or receptacle
shall be kept securely closed at all times and placed and kept in
such a position as the Health Officer may direct.
All hotels, restaurants and public eating houses
shall hereafter place their garbage in covered metal containers and,
between the first day of April and the first day of October in each
year, shall cause the same to be removed from their premises at least
three times a week and, during the balance of the year, at least twice
a week.
[Amended 9-6-1993 by L.L.
No. 4-1993]
No person shall dump, store or collect any trash,
refuse, rubbish or garbage upon any property, public or private, including
his own, in the Village of Penn Yan. No person shall permit the dumping
or storing on property owned or leased or controlled by him in the
Village of Penn Yan of any trash or rubbish, except in a tightly closed
metal or plastic container, and he shall provide for its removal at
least once per week, year around.
It shall be unlawful for any person, firm or
corporation to deposit in any Village trash container any household
trash or garbage.
Upon the death of any animal within the Village,
except when the same is properly and lawfully killed for food, the
owner or person having control thereof shall immediately dispose of
the carcass in a manner to avoid an unsanitary condition.
The violation of any of the provisions of this
article shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. Each day any such violation shall
continue shall constitute a separate violation punishable as such.
This Article is intended to supplement but not
to supersede the New York State Public Health Law and the New York
State Sanitary Code. If any of the sections of this article shall
be inconsistent with the provisions of the New York State Public Health
Law or Sanitary Code, the provisions of the New York State Public
Health Law or Sanitary Code shall prevail.
[Adopted 1-22-1990 by L.L. No. 1-1990 (Ch. 19 of the 1969
Code)]
The intent of this article is to regulate, control
or prohibit the scattering of light materials in the Village of Penn
Yan and the dumping, storing or placing of certain kinds of solid
or liquid waste material originating from inside or outside the boundaries
of the Village of Penn Yan or creating a dump or dumping ground of
such materials within the Village.
As used in this article, the following terms
shall have the meanings indicated:
A place used for the disposal and leaving of solid or liquid
waste by the public or by any person.
Any furniture, shelving, cabinets, enclosures, demolition
material, fixtures (toilets, tubs, sinks, etc.), or accessories used
in a residence or secondary structure upon residential property.
[Added 1-19-2016 by L.L.
No. 1-2016]
Earth, dirt, sand, gravel, clay, loam, stone, building rubbish,
sawdust, shavings or other light material of any sort or manufacturing,
trade or household waste, refuse, rubbish of any sort, manure, garbage
or other organic refuse or other offensive matter therefrom.
Includes any individual, firm, partnership, corporation,
municipality or association of individuals.
All putrescible and nonputrescible solid wastes, including
garbage, human sewage, rubbish, ashes, incinerator residue, street
and building demolition and construction debris, excluding masonry
and stone debris, metals, abandoned vehicles, offal, commercial and
industrial wastes and hazardous and toxic wastes as defined by the
Department of Environmental Conservation and the Environmental Protection
Agency.
[Amended 9-6-1993 by L.L. No. 4-1993]
A.
The following are prohibited:
(1)
The dumping, storing or placing of any kind of solid
or liquid waste material within the Village of Penn Yan which is picked
up, brought or transported from inside or outside the Village of Penn
Yan.
(2)
The creation and/or operation of sanitary landfills,
dumps or dumping grounds within the Village of Penn Yan for solid
or liquid waste coming from inside or outside the boundaries of the
Village of Penn Yan.
B.
Light materials which are picked up, brought or transported
from inside or outside of the Village of Penn Yan shall not be scattered,
dropped or spilled or permitted to be scattered, dropped or spilled
from any vehicle or part thereof or receptacle or otherwise upon any
street or public place within the Village of Penn Yan.
C.
There shall be no prohibition against the normal garbage
and refuse collection and disposal currently sanctioned by the Village
or that generated in the ordinary course of business and stored for
a reasonable time on the business property before disposal, provided
that the same is not in violation of any other law or regulation.
D.
Masonry and stone may be used for fill by permit from
the Code Enforcement Officer.
[Added 9-6-1993 by L.L. No. 4-1993]
[Added 1-19-2016 by L.L.
No. 1-2016]
[Added 1-19-2016 by L.L.
No. 1-2016; amended 12-21-2021 by L.L. No. 15-2021]
In the event of a violation of § 170-14.1, the owner of the property contiguous to the site of the deposit of household furnishes and/or accoutrements shall be served, either personally or by mail, with a written "notice to remove." In the event that a) the person upon whom the notice is served fails, neglects or refuses to remove or cause to be removed such household furnishings and/or accoutrements within five days after receipt of such notice, or b) no person can be found in the Village of Penn Yan who either is or claims to be the owner of such lot or land; or c) no person can be found who either represents or claims to represent such owner, the Director of Public Works or his agent may cause such household furnishings and/or accoutrements to be removed, and the actual cost of such removal, plus a 20% administrative fee in connection therewith, shall be billed to the property owner. In the event such sum is not paid by the following April 1, that sum shall be added to and become a part of the taxes next to be assessed and levied upon the subject lot or land, upon certification by the Department of Public Works Director and confirmation by the Board of Trustees. Such sum shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes, pursuant to Village Law § 4-414.
[Amended 11-8-2005 by L.L. No. 6-2005]
A.
Any violation of the provisions of this chapter or
any order issued pursuant to the provisions of this chapter shall
constitute a violation punishable by a tine not to exceed $250, by
incarceration for not more than 15 days, or by both such fine and
incarceration. In the event that any violation is ongoing or continuous,
each period of 24 hours thereof shall constitute a separate and distinct
offense and may be prosecuted as such.
B.
In addition to the foregoing remedies, an action or
proceeding in the name of the Village of Penn Yan may be commenced
in any court of competent jurisdiction to compel compliance with or
restrain violations of this chapter or orders issued in compliance
with this chapter.
