A sanitary and hazard-free environment is declared to be of
vital importance to the health, welfare and safety of the inhabitants
of the Village of Fultonville as is the safeguarding of their material
rights against unwarranted invasion and the protection of the public
health. In addition, such an enforcement is deemed essential to the
maintenance and continued development of the economy of the Village
of Fultonville and the general welfare of its citizens. Therefore,
recognizing the above and the need of the community for an effective
and well-regulated procedure for the disposal of garbage and rubbish,
and for the maintenance of residential and business premises, whether
improved or vacant, the Village Board does hereby enact this chapter.
All residential and business premises located within the Village
of Fultonville, whether improved or vacant, shall be maintained in
conformity with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLIANCE
Includes any stove, washing machine, dryer, freezer, refrigerator,
or other household device or equipment abandoned, junked, discarded,
wholly or partially dismantled or no longer intended or in condition
for ordinary use for the purpose for which it was designed originally.
BUSINESS UNIT
A building or combination of buildings and the lot on which
the same is located, used wholly or in part for commercial purposes;
including but not limited to offices, places of public assembly, shopping
centers, restaurants, supermarkets, retail stores, warehouses, manufacturing
or fabrication plants, gasoline stations and other business uses.
COMMERCIAL HAULER
Any person, firm, corporation, partnership, or other association
engaged in the business of collecting, disposing or transporting garbage,
refuse or waste material in any part of the Village of Fultonville.
GARBAGE
Any refuse from animal and vegetable matter, waste food or
parts thereof, refuse from kitchen, market, store or house, floor
sweepings, table waste or animal or vegetable matter, meats, fish,
bones, fat and all offal and organic waste substance or substances
capable of decay, but not including waste from slaughterhouses, rendering
plants or sanitary disposal systems.
INFESTATION
The presence of insects, rodents, vermin or other pests.
LITTER
Garbage, refuse and rubbish as herein defined and all other
waste material which, if thrown or deposited as herein prohibited,
tends to create a danger to public health, safety and welfare.
LOT
A plot, tract, premises or parcel of land with or without
buildings or structures located thereon, as surveyed or apportioned
for sale or other purpose.
MOTORIZED EQUIPMENT
Includes but not limited to power machines, lawn mower, motors
or parts that were once motorized equipment.
MOTOR VEHICLE
Includes any and all vehicles propelled or drawn by power
other than muscular power, intended for use on public highways; any
unregistered, old or secondhand motor vehicle or trailer; any motor
vehicle in such condition or state of repair that it cannot be licensed
immediately without extensive repair; any abandoned, junked, discarded,
wholly or partially dismantled motor vehicle no longer intended or
in condition for legal use on the public highways or any vehicle incapable
of passing a New York State inspection. This does not include inoperable
farm or construction vehicles, implements, equipment or machinery
retained for the purpose of salvaging usable parts in connection with
the ongoing operation of an on-site farm or construction business,
provided that such items are stored within a consolidated area out
of the public view.
OUTDOOR STORAGE
Includes the placing, maintaining or keeping of any motor
vehicle, appliance, motorized equipment, rubbish and debris as the
same are defined herein in a place other than a structure with a roof
and fully enclosed on all sides.
OWNER
The person having legal title to property and also the person
shown as owner of the property on the current assessment rolls of
the Village.
PERSON
One or more persons of either sex, natural persons, corporations,
partnership, associations, joint-stock companies, unincorporated associations,
their agents or employees, society clubs and all other entities of
any kind capable of being sued.
PRIVATE PROPERTY or PRIVATE PREMISES
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the town, but not including lands used for agricultural purposes.
PUBLIC NUISANCE AFFECTING HEALTH
A nuisance which is a thing, act or occupation or use of
property, premises, equipment or structure, either private or public,
affecting the health of one or more persons.
REFUSE AND RUBBISH
Plastics, combustible trash, including but not limited to
paper, cartons, boxes, barrels, wood, excelsior, tree limbs and branches,
yard trimmings, wood furniture and bedding. Also included is noncombustible
trash, including but not limited to tires, metals, cans, plastics,
metal furniture, small quantities of rock, brick and concrete, glass,
metal fixtures, bottles and street rubbish, street sweepings, dirt,
leaves, catch basin dirt and contents of litter receptacles, ashes,
dead animals, junked vehicles, solid market and industrial wastes,
cardboard, crockery or similar materials.
RESIDENT
Any person having a domicile within general limits of the
Village, including landlords and tenants. The term shall also include
any person, firm, partnership, corporation or other association operating
an established business within the limit of the Village of Fultonville.
RESIDENTIAL PREMISES
A building or combination of buildings used solely for the
personal living purpose of the occupants thereof, whether as owners
or tenants thereof and not used for any business purposes.
WASTE MATERIAL
Includes, but is not limited to, waste produced by industrial
or manufacturing process, including food-processing waste, boiling
house cinders, lumber scraps and shavings, slag, industrial sludge
or other chemical waste and by-products, tires, oils and large amounts
of wood, concrete, rocks, brick, sand and other wastes from building
operations.
YARD
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The provisions of this chapter shall supplement all local laws,
ordinances, codes or regulations existing in the Village of Fultonville
and other statutes and regulations of municipal authorities having
jurisdiction applicable thereto. Where a provision of this chapter
is found to be in conflict with any other provision of any existing
local law, ordinances, codes or regulations, the provision or requirement
which is more restrictive or which establishes the higher standard
shall prevail.
No outside storage or accumulation of garbage, crates, rubbish,
refuse or debris shall be permitted at any time. All such garbage,
crates, rubbish, refuse or debris shall be kept inside the building
or buildings on the premises or in an acceptable enclosure and shall
be collected regularly and removed from the premises.
Where the violation or condition existing on the premises is
of a nature as to constitute an immediate threat to life and limb
unless abated without delay, the Enforcement Officer may order the
owner, operator or occupant to correct the violation or condition
within the period of time consistent with the hazard involved and
with the measures necessary to remove the hazard; and upon the failure
of the owner, operator or occupant to correct said condition, the
Enforcement Officer may abate said condition immediately thereafter.
Where abatement of any nuisance, as defined herein, or correction
of a defect on the premises or the maintenance of the premises in
a proper condition to conform to applicable ordinances of the Village
of Fultonville or the laws of the State of New York require expenditures
of the Village of Fultonville moneys therefor, either by supplying
labor by Village employees, the furnishing of material by the Village
or the hiring of outside contractors, the Enforcement Officer shall
present a report of the work accomplished to the Village Board of
the Village of Fultonville, along with a summary of the proceedings
undertaken to secure compliance, including notice served upon the
owner, operators, occupants or their agents, as the case may be, by
telephone, telegraph, etc. The Village Board shall then approve the
expenditures made and assess the same against the premises, collectible
as provided by law. A copy of the resolution approving said expenses
shall be certified by the Village Clerk, and a copy of the report
and resolution shall be sent by certified mail, return receipt requested,
to the owner.
Every person convicted or violating this chapter shall, for
a first conviction thereof, be punished by a fine of not more than
$250 or by imprisonment for not more than 20 days, or both such fine
and imprisonment; for a second conviction within six months thereafter,
such person shall be punished by a fine of not more than $500 or by
imprisonment for not more than 60 days, or by both fine and imprisonment;
and upon such third or subsequent conviction within 12 months after
the first conviction, such person shall be punished by a fine of not
more than $1,000 or by imprisonment of not more than 90 days, or by
both such fine and imprisonment.