[HISTORY: Adopted by the Town Board of the
Town of Chautauqua as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-10-1988 by 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, Subdivisions 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:
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.
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]
Raw household garbage.
Includes an individual, firm, partnership, corporation, municipality
or any other group of people.
Tires, brush, leaves, waste wood, waste cars, material and
other materials with no general useful purpose.
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 by 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:
All substances or material which remain after combustion.
All organic waste material, both animal and vegetable.
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.
LANDFILL
PAPER
PERSON
PERSON IN CHARGE
RECYCLABLE
REFUSE
STORAGE
TOWN
TRASH
VEHICLE
VILLAGE
WASTE
WHITE GOODS
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.
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.
Wastepaper, cardboard, cardboard boxes and containers.
An individual, trust, firm, joint-stock company, corporation,
partnership, association or any interstate body.
A natural person, association, partnership, firm or corporation
that occupies, manages, uses or controls premises.
Those items or materials appearing on the official list of
mandatory recyclable materials as adopted by the Town Board.
All other waste material not otherwise specifically defined.
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.
The Town of Chautauqua.
All discarded material not suitable for further use.
A motor vehicle designed or adapted for use in the removal
of garbage and trash.
The Village of Mayville.
Any garbage, refuse, trash, sludge and all other waste material
not otherwise specifically defined.
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 feet by four
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.
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.
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.
