[HISTORY: Adopted by the Town Board of the
Town of Glenville as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-17-1971 by L.L. No. 4-1971 (Ch.
22 of the 1966 Code)]
This article shall be known as "Chapter 232 of the Code of the Town of Glenville."
As used in this article, the following terms
shall have the meanings indicated:
Consists solely of topsoil, earth, rock, gravel, quarry process
or sand. "Topsoil" is the exposed layer of the earth's surface, and
"earth" is the layer of soil immediately beneath the topsoil and above
rock. "Rock" excludes boulders, boulders being detached and rounded
or worn pieces of rock, the greatest side of which is no less than
six inches. All other materials are excluded. Excluded materials include,
but are not limited to, muck, peat, timber, debris, stumps and roots
of trees, demolished structures, construction or any other refuse;
provided, however, that said excluded items shall not have been reprocessed
so as to conform with the definition of "clean fill" herein provided.
"Muck" is soft silt or clay, very high in organic content, which is
usually found in swampy areas. "Peat" is a soil composed principally
of partially decomposed vegetable matter.
[Added 6-21-1989 by L.L. No. 2-1989]
Includes waste food, dead animals or parts thereof and/or
any other matter which shall be capable of fermentation or decay.
Includes an individual, society, firm, club, partnership,
corporation or association of persons and municipality other than
the Town of Glenville or Village of Scotia.
Includes waste material, tin cans, ashes, cinders, glass,
discarded paper, cardboard, wood, lumber and all other discarded solids
and/or liquids.
Any lands now used or hereafter acquired or leased by the
Town of Glenville for use as a sanitary landfill.
[Amended 4-5-2006 by L.L. No. 3-2006]
The use of any lands within the Town of Glenville,
exclusive of the Village of Scotia, as a dump or dumping grounds is
hereby prohibited.
A.
No person, for the purpose of final disposal thereof,
shall throw, deposit or cause to be thrown or deposited any garbage,
rubbish or abandoned vehicles or parts thereof, in or upon any private
or public lands within said Town of Glenville.
[Amended 4-5-2006 by L.L. No. 3-2006; 9-2-2020 by L.L. No. 15-2020]
B.
No person, firm or corporation shall leave or deposit
any garbage or rubbish of any kind upon any street, avenue, highway,
park or public place within the Town of Glenville, except that householders
and business places may place garbage and rubbish in properly covered
containers, in front of their premises for authorized collection and
removal to a sanitary landfill site. All waste containers shall be
placed at the curb solely for collection. No person, firm or corporation
shall place waste containers at any designated area for collection
prior to 7:00 a.m. of the day immediately preceding the scheduled
collection time for such designated area. Waste containers must be
removed from the front of the property or any designated area for
collection prior to 9:00 p.m. of the day of collection and may not
be stored in front of the property.
[Amended 4-5-2006 by L.L. No. 3-2006; 11-17-2021 by L.L. No. 16-2021]
C.
The owner or his agent or the occupant of any premises
within the Town of Glenville shall be responsible for the sanitary
condition of the premises occupied or owned by him. No person or persons
shall store, or cause to be stored, garbage or rubbish from a private
residence or business establishment upon the premises of a private
residence or business establishment outside of a closed building except
in solid covered containers.
[Amended 9-2-2020 by L.L. No. 15-2020]
D.
Neither
garbage nor rubbish shall be permitted on a vacant lot.
[Added 9-2-2020 by L.L. No. 15-2020]
[Amended 4-5-2006 by L.L.
No. 3-2006]
A.
All garbage and rubbish transported, brought and/or
carried through the Town of Glenville shall be contained securely
and battened down within or upon the vehicles transporting the same.
B.
All commercial vehicles used in the transportation
of rubbish shall be equipped with proper tarpaulin or other type of
enclosing cover, and all trucks transporting garbage, with or without
rubbish, shall have watertight metal containers, which shall be kept
clean when not in use. If garbage is not in watertight containers,
the body of this vehicle itself must be reasonably tight. Vehicles
must be kept in reasonably good mechanical and body condition. They
must be kept as sanitary as the nature of the use permits. The vehicles
must bear the name of the operator in letters at least six inches
high.[1]
A.
A license shall be issued by the Town Clerk to each
garbage and rubbish collector upon the payment by the applicant of
a fee as set from time to time by resolution of the Town Board,[1] and of a further fee as set from time to time by resolution
of the Town Board for each additional truck or other conveyance owned
by any person, firm or organization used by him, them or it in such
removal or transportation. Rental trucks may be submitted for regularly
licensed trucks without fee while the same are out of order for repair,
but they must carry the same identification markings as the trucks
they replace, and their use must be first reported to the Town Clerk.
[Amended 11-16-1982 by L.L. No. 5-1982; 4-5-2006 by L.L. No. 3-2006]
B.
Licensees under this section shall not collect garbage
and/or rubbish on Sundays or such other days as the Town Board shall
from time to time direct. No collection of garbage and/or rubbish
shall be permitted in residential areas before the hour of 6:00 a.m.
C.
All licenses shall be issued on or before and effective
as of January 1 of any year and shall be for the period covering January
1 to December 31 of such calendar year. Applicants for such licenses
who apply at any other time shall pay a pro rata portion of the entire
fee applicable from the date of issuance of the license to expiration
time of December 31 of the license year.
D.
In addition to the other requirements of this article,
all license and permit applications shall include a schedule of rates
to be charged and services to be rendered, together with approximate
hours of collection in each block or a map showing approximate hours
of collection in each area shown. “Approximate” shall
mean whether morning or afternoon hours and on what day. A separate
schedule must be furnished for each vehicle licensed.
E.
Applications must be filed six weeks before a license
expires or is to become effective, to allow for proper investigation
and processing.
F.
All license applications shall be investigated under
the supervision of the Superintendent of Highways, and all officers
and employees of the Town shall cooperate with him in investigating
applicants and inspecting equipment.
[Amended 4-5-2006 by L.L.
No. 3-2006]
G.
Licenses described in this § 232-6 are limited to collectors collecting in the Town of Glenville.
[Amended 11-16-1982 by L.L. No. 5-1982; 4-5-2006 by L.L. No. 3-2006]
I.
Each collector shall file a certificate of a $10,000/$20,000
public liability policy and a certificate of his vehicle liability
policy with the Town Clerk.
[Amended 6-21-1989 by L.L. No. 2-1989; 9-2-2020 by L.L. No. 15-2020]
A.
If any such person shall fail or neglect to provide for the removal of garbage or rubbish as described in § 232-4, the Commissioner of Public Works, his designee or any Code Enforcement Officer of the Town shall give written notice to said person by personal service or by affixing the notice to the door of the offending property and by mailing the notice by first-class mail to the person to be served at his or her last known residence ordering such cutting and removal within five days after such notice is given.
B.
If, after
due notice as set forth above, said person shall refuse, neglect or
fail to comply with the order to cut and remove such growth, the Commissioner
shall cause said garbage or refuse to be removed, and the cost thereof,
plus an administrative fee equal to the greater of 15% of the cost
of such work or $200, shall be assessed against the property by the
Town Board, which shall constitute a lien and charge on such land
and may be assessed upon said land in the manner provided in § 64,
Subdivision 5-a, of the Town Law.
C.
Any person,
firm or corporation who shall violate any of the provisions of this
article or fail to comply therewith or with any of the provisions
thereof shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punishable by a fine not exceeding $500 for each offense
or by imprisonment in the county jail for a term not to exceed six
months, or by both such fine and imprisonment.
A.
In addition to the penalties above provided, after
a public hearing the Town Board may revoke any license or special
permit issued pursuant to this article if the Town Board at such public
hearing determines the holder of such license or special permit to
be an undesirable person or incapable of or unwilling to comply with
the provisions of this article. The licensee or special permittee
shall have an opportunity to be heard at such public hearing, which
shall be held after such licensee or special permittee shall be served
by written notice of such public hearing in person or by registered
mail, return receipt requested, not less than 15 days prior to the
date of such hearing.
B.
The Town Board shall also have such other remedies
as are provided by law.
C.
Any vehicle used in violation of this article shall
be confiscated by the Town of Glenville and shall become the property
of the Town of Glenville.
[Added 6-21-1989 by L.L. No. 2-1989]
[Amended 11-16-1982 by L.L. No. 5-1982]
The Town Board shall, by resolution, designate
one or more Town employees to inspect all trucks and other carriers
transporting garbage and rubbish prior to issuance or renewal or during
the period of time licenses or special permits are in effect and also
with the enforcement of such other provisions of this article as the
Town Board may designate.
All complaints of collectors submitted by customers, by employees of collectors or by the Town shall be investigated by the Superintendent of Highways and a report made to the Town Board before action is taken pursuant to § 232-8 or before pending license applications are issued by the Town Clerk.[2]
[Added 6-21-1989 by L.L. No. 2-1989[1]]
A.
The provisions of this article prohibiting the use
of any lands within the Town of Glenville, exclusive of the Village
of Scotia, as a dump or dumping grounds does not apply to the property
owned by the County of Schenectady in the Town of Glenville and for
which the County of Schenectady has obtained approval to construct
and operate a compost facility.
B.
The provisions of this article prohibiting the use of any lands within the Town of Glenville, exclusive of the Village of Scotia, as a dump or dumping grounds does not apply to the disposal of septic tank wastes. The disposal of septic tank wastes is regulated by §§ 217-15 through 217-19 of the Code of the Town of Glenville.
C.
The provisions of this article prohibiting the use
of any lands within the Town of Glenville, exclusive of the Village
of Scotia, as a dump or dumping grounds does not apply to the depositing
of clean fill upon land in the Town of Glenville for the purpose of
reclaiming land to enable it to be used for construction of buildings
or for the construction of septic systems.
This article shall take effect October 1, 1971;
provided, however, that no additional licensing fees shall be charged
commercial collectors now licensed by the Town of Glenville prior
to January 1, 1972.
[Adopted 4-19-1989 (Ch. 32 of the 1966 Code)]
As used in this article, the following words
are intended to include and be defined as follows:
Any unwanted paper that comes in the mail and office papers,
including writing paper, note paper, computer paper, fax paper, copy
paper, other stationery and envelopes, including window envelopes,
but excluding carbon paper and brown mailing envelopes or folders.
[Added 6-15-1994; amended 7-19-2000]
Dry newspapers, including inserts.
Newspapers, yard and garden waste, glass, plastics, corrugated
cardboard, tin, aluminum, brown paper bags, magazines, glossy brochures,
catalogs, junk mail, juice boxes and juice and milk cartons.
[Amended 9-20-1989; 4-3-1991; 5-1-1991; 6-15-1994]
The uncontrolled and unauthorized picking, sorting and removal
of solid waste, either before, during or following disposal.
All types of waste materials, including but not limited to
residential, commercial, institutional and industrial waste.
Recyclable materials, as specified herein, that are mixed
with other solid waste.
Residential or commercial leaf waste, lawn clippings and
brush.
A.
All waste generators and handlers in the Town of Glenville
shall source-separate recyclable materials from all other solid wastes.
[Amended 7-19-2000]
B.
Newspaper and inserts shall be placed at the curbside
only in plastic twenty-gallon or less containers having handles and
lids and having the Scotia-Glenville recycling sticker affixed thereto.
[Added 8-16-1989]
C.
Yard waste shall be placed at the curbside in conformity
with the requirements of the composting facility operated by the County
of Schenectady or as those requirements may be amended from time to
time.
[Added 8-16-1989]
D.
Residential solid waste (nonrecyclables), if packaged
in plastic bags, shall be packaged in clear plastic bags.
[Added 5-1-1991]
E.
Recyclables, if packaged in plastic bags, shall be
packaged in clear plastic bags.
[Added 5-1-1991]
[Amended 6-12-2013 by L.L. No. 4-2013]
A.
Upon placement
of household waste, garbage, refuse, recyclables (including, but not
limited to paper, glass, plastic and metal items), furniture, or other
material out for residential curbside collection, Town bulk item pick-up
or upon delivery to any disposal location designated by the Town,
it shall be a violation of this article for any person other than
a Town licensed garbage and refuse collector hired by the property
owner or authorized agents or employees of the Town to disturb, rummage
in or sort through, remove, collect or pick up any such waste, garbage,
refuse, recyclables, furniture or other material or cause the same
to be disturbed, sorted through, removed, collected or picked up.
B.
Nothing
in this article shall abridge the right of any person to give or sell
their recyclables or unwanted personal property to any person, provided
that such items have not been set out for residential curbside collection,
Town bulk item pick-up or delivered to a Town designated disposal
location.
[Amended 4-5-2006 by L.L. No. 3-2006]
Any person, firm or corporation violating any
provision of this article shall be guilty of a misdemeanor punishable
by a fine not to exceed $1,000 or imprisonment not to exceed six months,
or by both such fine and imprisonment.
This article shall take effect on July 1, 1989.
