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Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
No person shall allow, permit or cause to exist any unsanitary or filthy condition in, on or about any premises owned, used or occupied by said person. The owner, lessee, tenant or other person having management or control of or occupying any lot, premises, dwelling or other building in the Town shall keep the same at all times free and clear of any accumulation of garbage, refuse or discarded matter of any type except as permitted by this chapter.
No person shall drop, deposit or otherwise dispose of any garbage or rubbish within the boundaries of any street, road, highway or public place of said Town or upon any private property adjacent to any such street, road, highway or public place.
No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality.
A. 
Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof.
B. 
All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by the municipality, or by an authorized collector under contract with the municipality and in accordance with the provisions of this chapter.
C. 
All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors licensed by the Town of Boston. In such cases the fee or payment therefor shall be a matter of private agreement between the owners and occupiers and the collector. When approved by the Town Board, owners of nonresidential properties may collect, convey and dispose of privately generated municipal solid waste by their own containers and/or trucks, provided that they comply with the provisions of this chapter applicable thereto and to the New York State Department of Environmental Conservation regulations.
D. 
It shall be unlawful for any person to collect and dispose of municipal solid waste within the Town of Boston except as provided for in this chapter.
A. 
All containers or receptacles used for storing garbage or refuse shall be of such material and so constructed as to withstand the use for which they are intended without breaking or collapsing.
(1) 
Garbage shall be stored in covered watertight metal, plastic or vinyl containers designed for that purpose or in disposable plastic bags, securely tied or fastened.
(2) 
Garbage and refuse shall be placed at the pavement line for collection no more than 24 hours before scheduled collection. All empty containers and receptacles shall be removed on the day of collection.
B. 
Portable transfer containers, commonly referred to as "dumpsters" and designed to be transported by motor vehicles, may be used for the outdoor storage of garbage and refuse on premises occupied for business, commercial, industrial, institutional and apartment uses. Such containers shall be emptied or replaced whenever full and, in any event, at least once weekly if they contain garbage.
It shall be the duty of the owner, lessee, tenant, occupant or other person having control or management of any building in the Town to locate any portable transfer container at least as far to the rear as the rear line of the principal building on the premises, but under no circumstances shall such transfer container be placed closer than 25 feet to any occupied resident dwelling.
The Town Board may by resolution designate days for special refuse collection for the Town residents to dispose of such accumulated municipal solid waste as the Town Board may from time to time designate. Such days are established for the disposal of designated items only as may be set forth in the Town Board resolution.
A. 
Prior to initial collection and transport of municipal solid waste, source separation shall be required for each and every person or party discarding municipal solid waste and/or recyclable materials. Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection.
B. 
Collectors collecting residential, commercial and/or institutional municipal solid waste generated within the Town of Boston shall refuse to collect municipal solid waste from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector and/or the Town of Boston. A written explanation shall be provided to the person or party for the reason of refusal for collection of the materials by the collector.