This chapter is adopted pursuant to the provisions
of the Municipal Home Rule Law of the State of New York.
A clean, wholesome, attractive and healthful
environment is decreed to be of importance to the health and welfare
of the residents of the town, and such environment is deemed essential
to the maintenance and continued development of the economy of the
town. It is er decreed that the unrestricted disposal of rubbish and
garbage, as herein defined, is a hazard to such health, welfare and
economy, necessitating the regulation, restraint and confinement thereof.
As used this chapter, the following terms shall
have the meanings indicated:
GARBAGE
Offal, waste food, dead animals, or fowl or part thereof,
vegetable matter of any kind and any other waste or discarded matter,
which shall be either flammable or capable of fermentation or decay;
waste material, including papers, cartons, tin cans, scrap metal,
bottles, plastic and cardboard containers, discarded appliances, abandoned
refrigerators, boilers, hot-water heaters, television sets and other
similar appliances, waste or discarded wood and lumber and any and
all similar substances and articles.
[Amended 7-23-2020 by L.L. No. 8-2020]
PERSON
Any individual, society, club, firm, partnership, public
or private corporation or limited liability company, association of
persons, government agency or any other legal entity.
This chapter shall apply to property located
in the following zones: R-1, R-2, R-3, R-4P, B-1, C-1P, CF-1, CF-2.
No person shall place or deposit or permit or
cause to be placed or deposited any garbage outside any building within
the identified zones within the Town of Coeymans unless the garbage
is properly and carefully contained within a covered metal, wooden
or molded plastic receptacle or placed in an adequate solid enclosure,
which receptacle or enclosure shall be capable of holding the contents
thereof within the confines of said receptacle or enclosure so as
to prevent the same from falling out, being blown about or in any
way removed from said receptacle or enclosure, except for transmittal
to a proper place of disposal.
Nothing herein contained shall be construed
to prevent any person from placing any of the aforementioned articles
on one's own property for the purpose of being picked up by a permitted
waste hauler on regularly scheduled pickup days; provided, however,
that said material is properly packaged, contained or bound to prevent
its being blown about, and provided, further, that said material shall
not be placed on the property for pickup more than 12 hours before
the next scheduled pickup day, Waste receptacles shall be removed
from public view within 12 hours after the regularly scheduled pickup
day.
[Amended 7-23-2020 by L.L. No. 8-2020]
A. Dumpsters or roll-offs are not allowed in the following
zones beyond 30 days, unless a temporary permit is obtained from the
Building Department: R-1, R-2, R-3, R-4 and B-1. Annual permits may
be obtained by owners of properties within the R-2, R-3, R-4 and B-1
Zones upon application to the Building Department and approval by
the Town Board.
B. Dumpsters are allowed in C-1P, CF-1 and CF-2 Zones
so long as they remain outside of public view. Roll-offs for said
zones requires a temporary permit if remaining on the property beyond
30 days, to be obtained from the Building Department.
C. Dumpsters
are defined as a type of movable waste container designed to be brought
and taken away by a special collection vehicle, or to a bin that a
specially designed garbage truck lifts, empties into its hopper, and
lowers it on the spot. Dumpsters do not include any container of 95
gallons in capacity or less.
D. "Roll-off
dumpsters" are defined as an open-top dumpster characterized by a
rectangular footprint, utilizing wheels to facilitate rolling the
dumpster in place. Roll-off dumpsters come in various sizes, but typically
range between 10 yards and 30 yards in size.
[Amended 7-23-2020 by L.L. No. 8-2020]
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation and
upon conviction thereof shall be punishable by a fine not less than
$50 nor more than $250 or by imprisonment for a term not exceeding
15 days, or both. Each day's continued violation shall constitute
a separate additional violation. In addition to police enforcement,
this chapter may be enforced by the Code Enforcement Officer of the
Town of Coeymans by initiating an action in a civil court of competent
jurisdiction. Any person found in violation of this chapter by a civil
court shall be subject to a civil penalty, payable to the Town, of
an amount not less than $50 nor more than $250 for each violation.
Whenever any local law, ordinance or regulation
of the Town of Coeymans, County of Albany, State of New York, or United
States of America is inconsistent with this chapter, whichever local
law, ordinance or regulation is more stringent shall supersede the
less stringent local law, ordinance or regulation.