[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:
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:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of or otherwise managed.
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 County of Saratoga.
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.
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 Ballston Spa.
Any garbage, refuse, trash, sludge and all other waste materials
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 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.
All persons residing within the Village of Ballston
Spa shall separate all nonrecyclable garbage and trash from recyclable
trash.
[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.
