Town of Chautauqua, NY
Chautauqua County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Chautauqua: Art. I, 10-10-1988 as L.L. No. 4-1988; Art. II, 5-14-1990 as L.L. No. 2-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 86.
Zoning — See Ch. 143.
[Adopted 10-10-1988 as L.L. No. 4-1988]
It is hereby determined by the Town Board that the operation of dumps or landfills for the disposal of garbage, rubbish, demolition and waste materials in any area other than specifically authorized are likely to constitute a hazard and a menace to the health and safety of the residents of the Town of Chautauqua, and it is therefore the intent of this Article to prohibit the operation of dumps or landfills for the disposal of garbage and rubbish, demolition and waste materials in any area of the Town of Chautauqua other than specifically authorized pursuant to § 130, Subdivision 6 and 15, of the Town Law of the State of New York.
As used in this Article, the following terms shall have the meanings indicated:
DEMOLITION
Material from the destruction of any building, structure or other item generally used as fill, which also includes tree stumps and highway material such as asphalt, concrete, etc.
DUMP OR LANDFILL
A place for the disposal and leaving of paper, garbage, rubbish, demolition and waste materials of any nature by the public or by any person, but shall not include residential trash receptacles and commercial dumpsters designed to temporarily hold and collect any of the above items for a period not to exceed two weeks pending proper disposal.
[Amended 2-8-1993 by L.L. No. 1-1993]
GARBAGE
Raw household garbage.
PERSON
Includes an individual, firm, partnership, corporation, municipality or any other group of people.
RUBBISH
Tires, brush, leaves, waste wood, waste cars, material and other materials with no general useful purpose.
WASTE MATERIALS
Any and all other substances not previously described, including, but not limited to, radioactive chemicals, infectious petrochemicals, animal carcasses and toxic substances.
The operation or maintenance of a dump or landfill for the disposal of garbage, rubbish, demolition and waste materials is hereby prohibited in the Town of Chautauqua except as may be permitted in that area of the Town of Chautauqua designated "industrial" in Chapter 143, Zoning, of the Code of the Town of Chautauqua and in full compliance with the provisions thereunder.
A. 
Nothing herein contained shall be determined to prohibit any person who is actively engaged in farming from disposing of the garbage, rubbish, demolition and waste materials generated from his farm on his own farm.
B. 
Nothing herein contained shall prohibit a person from depositing on his own property tree trunks, limbs, stumps and leaves generated from his own property if such property is located in an area designated "residential-agricultural" as defined in Chapter 143, Zoning, of the Code of the Town of Chautauqua.
C. 
Nothing herein contained shall prohibit Chautauqua Institution from continuing to maintain an existing area for the safe disposal of tree trunks, limbs, stumps and leaves, where such area is wholly enclosed within a fence designed to deny access thereto and such property is located in an area designated "residential-agricultural" as defined in Chapter 143, Zoning, of the Code of the Town of Chautauqua, except that the deposit of any quantity of any other garbage, rubbish or demolition material at such location shall permanently remove such facility from this exception.
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and, upon conviction thereof, be punished by a fine not exceeding $1,000 for each offense or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. The Town Board shall also have the power to bring a civil action to restrain any violation of this Article in a court of competent jurisdiction. When a violation of this Article is continuous, each 24 hours thereof shall constitute a separate and distinct offense.
This Article may be enforced by the Town Code Enforcement Officer or his designee, State Police, Sheriff's Department, Environmental Conservation Officers or any other peace officer. Any citizen shall have the right to file a complaint with any above-mentioned enforcement agency to bring about enforcement thereof.
Any person who shall seek a permit to operate a dump or landfill in that area of the Town of Chautauqua designated "industrial" by Chapter 143, Zoning, of the Code of the Town of Chautauqua shall make application to the Town Code Enforcement Officer or his designee on forms furnished for that purpose. An annual fee of $500 shall be paid for each permit to operate each dump or landfill unit, which fee shall be in addition to any other fees or requirements imposed by Chapter 143, Zoning, of the Code of the Town of Chautauqua.
[Adopted 5-14-1990 as L.L. No. 2-1990]
Whenever used in this Article, or in the resolutions duly adopted by the Town Board pursuant to the authority granted herein, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following words shall have the respective meanings hereinafter set forth:
ASHES
All substances or material which remain after combustion.
GARBAGE
All organic waste material, both animal and vegetable.
HAZARDOUS WASTE
Waste or a combination of wastes, which, because of its quantity or concentration or physical, chemical or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.
B. 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
C. 
All those chemicals, waste, oils and/or all those articles or materials listed under § 27-0903 of the Environmental Conservation Law or the regulations promulgated thereunder.
LANDFILL
A disposal facility or part of a facility where solid waste is placed in or on land, and which is not a land treatment facility, a surface impoundment or an injection well.
PAPER
Wastepaper, cardboard, cardboard boxes and containers.
PERSON
An individual, trust, firm, joint-stock company, corporation, partnership, association or any interstate body.
PERSON IN CHARGE
A natural person, association, partnership, firm or corporation that occupies, manages, uses or controls premises.
RECYCLABLE
Those items or materials appearing on the official list of mandatory recyclable materials as adopted by the Town Board.
REFUSE
All other waste material not otherwise specifically defined.
STORAGE
The containment of waste, garbage or refuse for a period of over 60 days, in such a manner as not to constitute disposal of such waste.
TOWN
The Town of Chautauqua.
TRASH
All discarded material not suitable for further use.
VEHICLE
A motor vehicle designed or adapted for use in the removal of garbage and trash.
VILLAGE
The Village of Mayville.
WASTE
Any garbage, refuse, trash, sludge and all other waste material not otherwise specifically defined.
WHITE GOODS
Washing machines, clothes dryers, refrigerators, freezers and all other similar types of materials that are of recyclable value.
A. 
Public property. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon any sidewalk, street, alley, lane, gutter or any public ground in the town or into any stream of upon the banks of any stream running through or adjacent to said town.
B. 
Private property. No person shall place, throw or deposit, or cause to be placed, thrown or deposited, any garbage, refuse, papers, trash, hazardous waste and/or material or ashes upon the private property of another person, except that ashes may be deposited thereon with the owner's permission for the purpose of filling land so long as it is immediately covered with a suitable material to prevent ashes from blowing into the air.
C. 
Burning or burying. No person shall bury or openly burn or cause to be buried or openly burned any garbage, refuse, trash, hazardous waste and/or materials within the Town of Chautauqua. Nothing herein contained shall prevent the safe burning of leaves and brush where not contrary to law.
D. 
Must dispose of all solid wastes in accordance with this Article. No person shall place, throw or deposit or cause to be placed, thrown or deposited any garbage, refuse, papers, trash, ashes, white goods, hazardous material or waste in the Town of Chautauqua except in conformance with this Article.
All persons residing within the Town of Chautauqua outside the corporate limits of the Village of Mayville shall separate all nonrecyclable garbage and trash from recyclable trash.
The commercial collection, removal and carrying of garbage, refuse, trash, paper, hazardous waste and/or materials and ashes on any highway, road, street, alley or lane of the town must be done in covered, watertight vehicles which shall be in accordance with laws of the State of New York and the rules and regulations of the Board of Health and this Article. No garbage, papers, trash, refuse, hazardous waste and/or materials or ashes shall be spilled or scattered along the roads, streets or public places, and the vehicles used for the collection and transportation of such material shall not be allowed to stand or tarry along the public streets for a longer time than shall be reasonable necessary for the loading of the same.
It shall be a violation for nonresidents of the Town of Chautauqua to bring nonrecyclable trash into the town for storage or disposal. It shall also be a violation for nonresidents of the Town of Chautauqua to transport or cause to be transported recyclable materials into the town for disposal through a town-operated recycling program.
It shall be a violation for any resident of the town, owner, lessee or person in control of real property within the town to permit any person to bring in, place or deposit any refuse or recyclables originating from outside the town on any real property owned or leased by him or her or under his or her control for the purpose of disposal under the village-operated waste disposal and town/village recycling program.
It shall be a violation to place any materials into a trash receptacle located on town property unless such waste was generated at that location. Permitted waste would include picnic waste.
A. 
The official list of recyclable materials is as follows:
(1) 
Newspaper/newsprint.
(2) 
Glass jars and containers (no ceramic, porcelain, Pyrex or window glass).
(3) 
Brown corrugated cardboard.
(4) 
Metal cans of tin, aluminum or bimetal.
(5) 
Soft plastic bottles.
(6) 
White goods.
(7) 
Tires, up to 19 inches.
(8) 
Automotive and marine batteries.
(9) 
Scrap metal, aluminum, copper brass or iron.
B. 
For the purpose of being able to react promptly to recycling requirements of Chautauqua County and the State of New York, the Town Board is hereby empowered to amend the official list of recyclable material by resolution following notice and publication. Failure to recycle materials on this official list, except where otherwise excepted by this Article, shall be a violation of this Article.
A. 
Nonrecyclable materials. All persons residing in the Town of Chautauqua shall dispose of nonrecyclable materials as set out below. Residents of the Village of Mayville and Chautauqua Institution shall comply with the laws and rules of their place of residence if in conflict with this Article.
(1) 
All nonrecyclable garbage and trash shall be placed in plastic bags or otherwise suitably contained to prevent blowing and spilling and disposed of in a lawful manner. Disposition in a lawful manner shall include delivery to a Chautauqua County landfill or authorized transfer station or pick up by private trash haulers whose practices conform to state and county law.
(2) 
Poisons, acids, caustics, explosives, ashes and all other hazardous waste, including medical waste (such as syringes, body tissue, infectious substances, blood, drugs, etc.) shall not be commingled with recyclable or nonrecyclable materials, and persons must make their own private arrangements for the disposal of such items in accordance with other applicable laws.
[Amended 2-8-1993 by L.L. No. 1-1993]
(3) 
Persons must make their own private arrangements for disposal of construction and demolition waste.
(4) 
All wastes not otherwise designated as recyclable shall be deemed nonrecyclable and disposed of in conformity with this Article.
B. 
Recyclable materials.
(1) 
Except as otherwise stated, all recyclable materials shall be taken by individuals, after obtaining a recycling permit tag, to the town/village jointly operated recycling center located at Morris Street in the Village of Mayville during normal posted hours of operation or lawfully disposed of through other municipal or community/neighborhood programs whose standards and requirements conform to or exceed those set out herein.
[Amended 2-8-1993 by L.L. No. 1-1993]
(2) 
Materials taken to the recycling center shall be placed in suitable boxes, bags or other receptacles, which must be retained by the individual for reuse or must be properly disposed of. All recyclable materials shall be kept dry.
(3) 
Newsprint shall be bundled and tied with twine only. Bundles shall be taken to the recycling center. Material must be dry.
(4) 
Magazines shall be bundled and tied with twine only. Bundles shall be taken to the recycling center. Material must be dry.
(5) 
Glass jars and containers shall have lids removed (lids are not recyclable), shall be washed clean and be separated by color. Jars and containers shall be taken to the recycling center. Material must be dry.
(6) 
Brown corrugated cardboard shall be flattened and bundled with twine only. It shall be no larger than four by four (4 x 4) feet. Material must be dry.
(7) 
Tin, aluminum and other metal cans should be washed cleaned, have labels removed and be flattened. The ends of the can may be cut out to facilitate flattening. The ends can be included with the can. Cans may be mixed. The cans shall be taken to the recycling center. Material must be dry.
(8) 
Soft plastic, such as milk jugs, shampoo bottles, ketchup bottles, detergent bottles, etc., should be washed clean and have caps removed (caps are not recyclable). These items shall be taken to recycling center. Material must be dry.
(9) 
Grass, garden waste weeds and leaves may be composted by the individual if desired. Grass, garden waste, weeds and leaves can be placed in regular garbage bags and disposed of in accordance with the law.
(10) 
White goods (stoves, washing machines, refrigerators, etc.) will be picked up by special arrangement by calling the Town Clerk of the Town of Chautauqua at 753-7342.
(11) 
Tires, up to 19 inches not mounted, can be disposed of by bringing to the recycling center. Tires other than these sizes must be disposed of through a private firm and will not be accepted by the town.
(12) 
Used motor oil can be taken to a service station desiring to reclaim it or call the Town Clerk of the Town of Chautauqua at 753-7342 for assistance.
(13) 
For large quantities of trash and construction/demolition waste, please contact a private waste disposal service.
(14) 
Automotive batteries can be disposed of by bringing them to the recycling center. Leaking batteries will not be accepted.
(15) 
Scrap copper, aluminum and other metals will be accepted at the recycling center. Please call the Village Department of Public Works at 753-2013 if you have questions.
(16) 
Household furnishings such as carpet, furniture, bedding, televisions, etc., must be disposed of through a private disposal firm.[1]
[1]
Editor's Note: Former Subsection C, Fee Schedule, which immediately followed this subsection and which provided fee amounts for disposal of white goods, tires and automotive batteries, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I. For information regarding fees, see § 116-21 of this chapter.
The Town Board is hereby empowered to establish by resolution, upon notice and publication, the materials and preparation requirements as may be necessary to effectively and efficiently carry out the solid management goals of this Article. The provisions of this Article shall incorporate by reference any such resolution, and compliance with the provisions of this Article shall also require compliance with such resolutions as may be passed upon hereunder.
The provisions for recycling waste need not be complied with when a person disposes of recyclable material through contract with a private disposal service and said private disposal service permits waste of all types to be mixed together in a dumpster or other suitable container which will then be properly disposed of by the private disposal service.
A. 
Nothing in this Article shall be deemed to prohibit any person from contracting with a private hauler for removal of waste and recyclables. Nothing in this Article shall be deemed to prohibit any person from disposing or causing to be disposed of waste and recyclables at a landfill or transfer station operated by the County of Chautauqua, its duly designated representative or with a private firm properly and lawfully authorized to dispose of these materials.
B. 
Nothing in this Article shall be deemed to prohibit the lawful disposal of waste and recyclables as authorized in Chapter 86, Junkyards, of the Code of the Town of Chautauqua or the provisions of § 116-4 of Article I, Landfills, above.
[Added 2-8-1993 by L.L. No. 1-1993]
In the case where waste is found in bags or containers or found scattered, it shall be presumed that such waste is the responsibility of the person, or persons, that may be identifiable by inspection of the waste or contents of the container or bag.
[Amended 2-8-1993 by L.L. No. 1-1993]
The Town Board shall establish fees by resolution which shall be applicable to all users of the town-operated solid waste management program. Fees may be imposed for both recyclable as well as nonrecyclable materials, but shall not be in excess of what is needed to operate the waste management program. Said fees may be changed from time to time by resolution of the Town Board upon notice and publication.
A. 
The provisions of this Article or the resolution passed thereunder shall be enforceable by the Supervisor or his deputy, the Code Enforcement Officer or his designee, the Animal Control Officer or his deputy, any peace officer, any police officer or any other agent duly authorized by resolution of the Town Board.
B. 
A person violating any provision of this Article or resolutions passed under the authority of this Article shall be guilty of a violation, punishable as follows:
(1) 
For a first conviction, by a fine of $25 or imprisonment for up to 15 days, or both.
(2) 
For a second conviction within one year, by a fine of $50 or imprisonment for up to 15 days, or both.
(3) 
For a third conviction within one year, by a fine of $100 or imprisonment for up to 15 days, or both.
(4) 
For a fourth and all subsequent convictions within one year, by a fine not less than $250 nor more than $500, or imprisonment for up to 15 days, or both.[1]
[1]
Editor's Note: Former Section 17, Effective date, which immediately followed this subsection and which pertained to the implementation period, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.