[HISTORY: Adopted by the Board of Trustees of the Village of McGraw 12-4-1990
as L.L. No. 5-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 71.
A.
It is hereby declared and found that the placing, throwing,
depositing, discharging or accumulation or causing of the placing, throwing,
depositing, discharging or accumulation of refuse, in whatever form and of
whatever content, upon real property within the village limits of the Village
of McGraw is a matter affecting the public interest, that it constitutes a
nuisance in that health, fire and safety hazards are created and that, consequently,
this matter is subject to the supervision and control of the village for the
purpose of safeguarding the public health, safety and general welfare of the
people of the Village of McGraw.
B.
The Village of McGraw intends to collect garbage, trash
and recyclable materials in an efficient and economical manner. To help in
the preservation of our precious natural resources, including land, the village
will strive to reduce the volume of solid waste generated within the village
and work cooperatively with the state and county toward that end. To aid in
achieving that goal, the village has instituted a mandatory recycling program
intended to help reduce the flow of waste through the use of economical and
environmentally acceptable means.
As used in this chapter, the following terms shall have the meanings
indicated:
Any such container shall be considered and deemed abandoned or discarded
when it is no longer used for the purpose for which it was intended and is
unattended outside of any building or structure or is within an abandoned
or unoccupied house, shed, barn or structure within the village.
Residue from the burning of combustible materials, such as, but not
limited to, wood and coal, for the purpose of heating and cooking.
A person, firm or corporation retained by the village for the purpose
of collecting and removing garbage, trash and recyclables.
A receptacle for the deposit of refuse and consisting of both the
portion for the holding of refuse and a cover for the enclosing of the portion
for the holding of refuse.
Animal and vegetable waste resulting from the preparation, cooking
and serving of food.
Those materials, also known as "recyclables," specified as such by
the village.
Those containers, whether bags or other types of containers, designated
by the village as acceptable for the containment of separated recyclable materials.
Any combination of ashes, garbage and rubbish.
All acceptable waste and recyclable materials generated by households.
All refuse not included in garbage and ashes, such as, but not limited
to, bottles, glass, crockery, cans, scrap metal, junk, paper, dirt, filth,
cinders, grass, weeds, lime, dry sand, coal, hair, wastepaper, feathers, tree
branches or yard trimmings.
A.
Prohibition. No person, either as owner, lessee, agent,
tenant or otherwise, of any lot, land or premises in this village shall place,
throw, deposit, discharge or accumulate or cause to be placed, thrown, deposited,
discharged or accumulated thereon any refuse.
B.
Applicability. Notwithstanding the provisions of Subsection A of this section, nothing therein contained shall be construed to prohibit the proper and temporary accumulation in suitable containers, as defined hereafter in this chapter, of refuse for regular collection, which refuse is so deposited to be drawn away and disposed of by a person duly licensed by the Board of Trustees of said village to perform such actions; or the depositing at any time of fertilizer for the immediate cultivation of such lot, land or premises; or the lawful accumulation of junk by regularly licensed junk dealers.
It shall be unlawful for any owner or tenant of any premises within
the village to allow or permit any abandoned or discarded icebox, refrigerator,
trunk, chest, receptacle, container or device in which a person might become
imprisoned to be or remain on such premises if such icebox, refrigerator,
trunk, chest, receptacle, container or device has a virtually airtight lid,
door, snap lock, latch or other locking device without first removing such
lid, door, snap lock, latch or other locking device.
A.
It shall be unlawful for any person to throw, cast or
deposit in any body or stream of water within the limits of the Village of
McGraw, Cortland County, New York, any rubbish or refuse which is described
in this chapter, which shall include waste metal, tin cans, ashes, cinders,
glass, pottery and all discarded substances of a solid and incombustible nature
or any garbage which is described in this chapter, including waste food, papers,
dead animals or parts thereof, and all waste or discarded wood, lumber or
vegetable matter of any kind or any other matter which shall be flammable
or capable of fermentation or decay.
B.
It shall be unlawful for any individual or firm to carry or transport on any street in the village any garbage, rubbish or refuse as defined in § 143-2, unless the garbage, rubbish or refuse is covered or contained in a suitable manner, which will not allow any littering, strewing or disposing of said garbage, rubbish or refuse on any village street.
A.
The Board of Trustees retains the authority to promulgate
and adopt rules and regulations necessary to implement the waste and recycling
program, including, but not limited to, regulation of the manner, days and
times for the collection of recyclables and waste materials, the types of
materials to be accepted and the condition of waste and recyclable materials
and the designation of a person or persons charged with implementing and enforcing
said regulations and the regulations of this chapter. The Board retains the
authority to modify, repeal, amend or otherwise change, any portion of said
rules and regulations at any time, subject to notice as set forth herein.
B.
All rules and regulations promulgated or amended by the
Board shall be filed with the Village Clerk and available for inspection.
At least 14 days in advance of the effective date of any such rules or substantive
amendments, residents will be notified by publication in the official village
newspaper or by direct mail if the Village Board deems that notice would be
desirable.
Residents shall separate recyclable materials from other residential
waste and place the separated materials curbside in the manner prescribed
by the Board on the designated collection day, but in no event earlier than
noon of the preceding day. All refuse containers and other waste containers
shall be removed from the curb or street where they have been placed as soon
as possible after collection, but in no event later than 6:00 a.m. of the
day following collection. Containers remaining after this hour may be picked
up and disposed of by the village.
Only those collectors authorized by the Board may pick up recyclables
from the curbside or drop-off center. Unauthorized collection is prohibited.
Upon the failure to comply with the requirements of this chapter or
the rules and regulations promulgated hereunder, the Board may:
A.
Refuse to collect the waste and other materials and cause
a notice to be affixed to the offending materials setting forth the reason
for noncollection. In addition, the village may notify the record owner of
the noncomplying residence, by written or verbal notice, or both, within 24
hours of the date the notice is affixed to the offending materials.
B.
Elect to collect the waste or recyclable materials and
assess a special service charge against the record owner of the premises.
Such special charges shall be determined by the Board, but shall consist of
a base charge, plus an additional charge for each container of waste or recyclables
collected. Any special service charge not paid in full within 30 days from
the billing date shall become a lien upon the real property, superior to any
other lien or claim, except the lien of an existing tax assessment or charge
imposed by the village.
C.
Except as otherwise provided by the Penal Law of the
State of New York, elect to treat the noncompliance as a violation, and any
person found guilty thereof shall be liable for a fine which shall not exceed
$250 and/or imprisonment for not more than 15 days.[1]
D.
Each continuing day of violation will be deemed a separate
offense.
A.
The Board may establish and amend disposal fees and charges
as deemed necessary.
B.
The Board also shall assess a special service charge
against the resident or property owner for any nonscheduled collection of
waste materials of any nature, at a rate to be determined by the Board. (A
list of all special service charges may be obtained at the office of the Village
Clerk.) The homeowner shall arrange with the collector for said pickup.
The Board of Trustees is authorized to establish an appropriate mechanism
for containers used for the collection of garbage, trash and recyclables,
as well as for the selling or facilitating the sale or distribution of containers
or stickers for the containers.
From time to time the Board may authorize the collection of other materials,
such as yard and garden waste, and collection in a manner prescribed by public
announcement.
No person, either as owner, lessee, agent, tenant or otherwise of any
lot, land or premises in this village, shall allow or suffer any violation
of this chapter. If any violation of this chapter occurs, then the person,
either as owner, lessee, agents, tenant or otherwise of any lot, land or premises
in this village, shall be chargeable with such violation by the Village Code
Enforcement Officer or any duly authorized police officer and be subject to
the penalty provision of this Article.
