[Adopted 5-14-1992 by L.L. No. 4-1992]
This article shall be entitled the "Trash and
Garbage Nuisance Abatement Law of the Village of Morrisville."
[Amended 9-7-1995 by L.L. No. 2-1995]
The Board of Trustees of the Village of Morrisville
has been concerned about the appearance of property in the Village
and the health and safety hazards created by the accumulation of trash,
garbage, litter, refuse and debris on private property. The Board
finds that the local laws currently in effect (Local Law No. 3-1979[1] and Local Law No. 1-1986[2]) providing for certain civil and criminal penalties for
not keeping one's property free from litter, etc., cannot effectively
bring about a prompt cleanup of an existing condition. The Board further
finds that the problem has been exacerbated by the enactment of mandatory
recycling laws by Madison County which often causes trash and/or recyclables
to be rejected for pick up by the Village's contract hauler when materials
are not properly sorted. The Board further finds that unless other
measures are provided that will provide for speedy cleanup of accumulations
of trash, litter, etc., that there will be an adverse effect on property
values and the use and enjoyment of surrounding properties, as well
as in some cases the perpetuation of health hazards.
[Amended 4-12-2012 by L.L. No. 3-2012]
A.Â
No person
shall permit the accumulation of trash, garbage, litter, refuse or
debris upon any premises owned and/or occupied by such person(s) in
such manner as would render the premises unsightly or create a nuisance
or health hazard thereon or constitute a violation of any other local
law, ordinance or regulation now in effect or enacted hereafter.
B.Â
It shall
be unlawful for any person to place or deposit any garbage or rubbish
on any public property other than in a receptacle intended for public
use and placed within the boundaries of a street or park for the purpose
of such public use.
C.Â
It shall
be unlawful for any person to place or deposit any garbage or rubbish
on or within any private property, including any receptacle or enclosure,
not owned by the person or business placing and/or depositing the
garbage or rubbish, except upon the permission of the owner of such
private property.
D.Â
It shall
be unlawful for any person to throw, dump, abandon, or release litter
from any vehicle as defined in the Vehicle and Traffic Law,[1] or in any manner throw, dump, abandon or deposit litter
in or upon any public or private property within the Village of Morrisville,
whether or not owned by such a person, except in authorized public
or private receptacles for collection and temporary storage that prevent
any such litter from being blown, washed or otherwise carried away
from the receptacle by the elements, vermin, or animals.
A.Â
Upon discovery of such a condition, the Code Enforcement
Officer may cause to be mailed to the attention of the occupants of
the premises and to the record owner of the premises (as appear upon
the current tax rolls of the Village), and also to be posted conspicuously
upon the premises a notice to remove the accumulation of trash, garbage,
litter, refuse or debris, as the case may be, within three days of
the date of said notice.
[Amended 9-7-1995 by L.L. No. 2-1995]
B.Â
If, after the expiration of the three-day period specified in the notice, the condition remains unsatisfied, the Village, its agents or employees may enter upon the premises and remove the offending materials or objects. The cost of removal, along with an administrative fee equal to 25% of the cost of removal, shall be thereafter invoiced to the property owner identified in the most recent real property tax assessment roll at the address stated in said tax roll, and, if such invoice remains unpaid more than 30 days after the date of same, the invoice amount shall be assessed and levied against the premises, and a penalty of 1% per month shall be added thereto until paid or discharged. The rights and remedies granted to the Village under this section shall be in addition to and not in lieu of any prosecution of any person in violation of the provisions of this article under the provisions of § 135-11 of this article.
[Amended 8-6-2009 by L.L. No. 6-2009]
C.Â
Any such assessments not paid or discharged shall
be relevied on the Village tax roll in accordance with § 5-518
of the Village Law.
[Amended 4-12-2012 by L.L. No. 3-2012]
A.Â
No person
shall put out prior to 4:00 p.m. on the day before the scheduled or
specially arranged pickup, either to curbside or such other designated
pickup point, any garbage, trash, refuse and recyclable materials
or containers, whether or not in an enclosed container. All containers
shall be removed from the curb as soon as possible following pickup,
but in no event later than 8:00 p.m. on the day of pickup. Garbage,
trash, refuse and recyclables shall not be kept at the curb between
scheduled pickups.
[Amended 4-2-2020 by L.L. No. 2-2020]
B.Â
It shall
be unlawful for any person to place, deposit or put out for curbside
collection in the Village any garbage, rubbish, trash, recyclables,
or waste or discarded material of any kind that was not generated
and/or accumulated within the Village. No such materials may be transported
into the Village for curbside pickup. Notwithstanding the foregoing,
this provision shall not be interpreted as prohibiting any property
owner within the Village from putting out for curbside collection
litter collected from streets and parks as a public service as long
as all other requirements and limitations for curbside collection
are satisfied.
[Amended 8-6-2009 by L.L. No. 6-2009]
A.Â
At the option of the Village, its officers and employees, any garbage, trash, refuse, recyclables, materials, containers or other items put out and/or left out in violation of the provisions of § 135-9 of this article may be collected for disposal by the Village, its agents and employees. Upon exercising this option, the Village shall invoice the owner of the subject premises identified in the most recent real property tax assessment roll at the address stated in said tax roll, and/or the occupants of the premises, for the reasonable costs of such pickup and/or disposal, along with an additional administrative fee of 25% of the reasonable costs of pickup and disposal therein. Any such amounts invoiced but not paid within 30 days of the date of the invoice shall be assessed and levied against the premises, and a penalty of 1% per month shall be added thereto until paid or discharged. Any such assessments not paid or discharged shall be relevied against the property on the Village tax roll in accordance with § 5- 518 of the Village Law.
[Amended 4-2-2020 by L.L. No. 2-2020]
[Amended 9-7-1995 by L.L. No. 2-1995]
Any person or persons violating any of the provisions
of this article shall be guilty of an offense and shall be punished,
upon conviction, by a fine of not more than $250 or confinement to
a maximum term of imprisonment for a period not to exceed 15 days,
or by both such fine and imprisonment. Each day's continued violation
shall constitute a separate and additional offense hereunder.
