[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1996 by L.L. No. 1-1996]
Whenever used in this article or in the resolutions duly adopted by the Village 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
A. 
Waste or a combination of wastes which, because of its quantity or concentration or physical, chemical or infectious characteristics, may:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
B. 
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 County of Saratoga.
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.
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 Ballston Spa.
WASTE
Any garbage, refuse, trash, sludge and all other waste materials 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 Village or into any stream or upon the banks of any stream running through or adjacent to the Village.
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 Village of Ballston Spa.
D. 
All persons 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 Village of Ballston Spa except in conformance with this article.
[Amended 7-14-1997 by L.L. No. 4-1997; 6-26-2007 by L.L. No. 4-2007]
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 Village must be done between the hours of 7:00 a.m. and 7:00 p.m. in all districts; however, on Thursdays only within the Central Business District, collection hours shall be from 6:30 a.m. to 7:00 p.m. Collection shall be in covered, watertight vehicles which shall be in accordance with the laws of the State of New York and the rules and regulations of the Board of Health and this article. No garbage, refuse, trash, paper, hazardous waste and/or materials and 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 reasonably necessary for the loading of the same.
It shall be a violation for nonresidents of the Village of Ballston Spa to bring nonrecyclable trash into the Village for storage or disposal. It shall also be a violation for nonresidents of the Village of Ballston Spa to transport or cause to be transported recyclable materials into the Village of Ballston Spa for disposal through a Village-operated recycling program.
It shall be a violation for any resident of the Village, owner, lessee or person in control of real property within the Village to permit any person to bring in, place or deposit any refuse or recyclables originating from outside the Village on any real property owned or leased by him or her or under his or her control for the purpose of disposal.
It shall be a violation to place any materials into a trash receptacle located on Village property unless such waste was generated at that location. Permitted waste would include picnic waste.
[Amended 4-14-1997 by L.L. No. 1-1997]
All garbage prior to its placement for pickup or hauling shall first be placed in sealed garbage containers. 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.
The provisions of this article or the resolution passed thereunder shall be enforceable by the Mayor or his/her deputy, the Building Inspector, the Animal Control Officer or his/her deputy, any peace officer, any police officer or any other agent duly authorized by resolution of the Village Board.
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:
A. 
For a first conviction, by a fine of $25 or imprisonment for up to 15 days, or both.
B. 
For a second conviction within one year, by a fine of $50 or imprisonment for up to 15 days, or both.
C. 
For a third conviction within one year, by a fine of $100 or imprisonment for up to 15 days, or both.
D. 
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.
[Adopted 9-11-2006 by L.L. No. 3-2006; amended in its entirety 4-12-2021 by L.L. No. 5-2021]
The Village Board, in its continuing effort to implement its stormwater management plan for compliance with the Federal Clean Water Act[1] and the New York State Pollution Discharge Elimination System (SPDES) permitting process, hereby creates the protocol for the collection of yard waste which will thereby reduce the discharge of pollutants from the Village of Ballston Spa's stormwater system and protect and enhance water quality of local streams and creeks.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
"Yard waste" shall be defined as brush, leaves or grass clippings. Brush must be four feet long (or less) and three inches in diameter (or less). Yard waste shall not include dirt, sand, or rocks.
All yard waste must be bagged in biodegradable paper bags, unless the Mayor designates periods of time in which loose yard waste may be placed curbside. Small brush materials may be bundled with cotton twine and set out without a container.
Collection shall occur at such times as the Mayor shall determine and shall be seasonally, generally terminating during the winter months. Yard waste must be placed at the end of the driveway, or curbside, away from household trash.
In the event that yard waste is left at the curb for a period of greater than 10 days, and which does not comply with the requirements of this article, it shall be punishable by fines which are assessed on a per-diem basis as set by the Village Trustees.