[Adopted 11-8-1994 by L.L. No. 1-1994]
As used herein, the following terms shall have the meanings indicated:
BRUSH
Tree branches not exceeding two inches in diameter and no more than
four feet in length and twigs and shrub and hedge clippings.
BULK ITEMS
Large items and materials, including furniture, house furnishings
and large appliances, such as refrigerators, stoves, washing machines and
clothes dryers.
CONTAINER
A receptacle constructed of such material and in such a manner as
to hold solid waste and trash and other such items without breaking or collapsing.
Containers shall have covers so that the contents therein are not exposed
to the weather, animals and vermin. All bags must be made of a clear material
to allow a visual examination of its contents.
GARBAGE
The rubbish, food wastes and collectible wastes resulting from the
normal day-to-day operation of a household. Garbage does not include rubble,
bulk items, industrial waste or any other material not covered under this
definition.
RUBBISH
Food wastes, including but not limited to table cleanings, fruit,
vegetables and animal parings and scraps, decaying or spoiled vegetable, animal
and fruit matter; any paper, plastic, cardboard or other material used to
wrap, cover or contain food, and any other household waste resulting from
the use, consumption and preparation of food, metal and miscellaneous waste
material, including rags, drugs, health aids and materials, sweepings, rubber,
leather, cloth, magazines, paper, waste material from normal maintenance and
repair activities, dirt, filth, bottles, jugs and jars, and any other similar
waste material. Rubbish does not include bulk items, rubble, ashes, leaves,
yard and garden waste, manure of any description, or any other material not
covered under this definition.
RUBBLE
Waste material typically resulting from construction, demolition
and major renovation activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, sheetrock, plaster, shingles, lumber, railroad
ties, wooden pallets, doors, windows and any similar material.
VILLAGE
The Village of Fultonville, New York.
YARD WASTE
Grass, leaves and waste plant and dirt materials from vegetable and
flower gardens, lawns and yards and brush.
Collection areas, together with the dates of collection, shall be established
by regulation of the village. In the event of an emergency situation, the
village may suspend, restrict or otherwise modify the provisions of this article.
Property owners and their agents, lessees, tenants or other occupants
residing in residential dwellings who wish to have their garbage disposed
of by the village shall:
A. Place garbage from their dwelling unit in appropriate
containers as specified at the street curb if one exists, without obstruction
to the free and proper use by the public of the sidewalks adjacent thereto;
or adjacent to but not on the street pavement if there is no curb.
B. Containers for garbage are to be provided by the village
and must be properly covered and not leak. All garbage bags must be free from
liquid and not leak.
The village shall pick up no more than one sixty-gallon container of
garbage or rubbish from each commercial establishment per week. The village
shall not be responsible for the pickup and disposal of any bulk items, brush,
rubble, yard waste, industrial waste or garbage and rubbish in excess of one
sixty-gallon container per week from any commercial establishment.
The following items are prohibited from being placed for collection
by the village on normal weekly pickup:
A. Construction materials, including but not limited to
bulk roof shingles, dimensional framing lumber, bulk or sheets of plywood,
paneling, plasterboard, sheetrock, etc.
B. Tree trimmings, hot ashes, dirt, earth, stone, blacktop,
concrete, bricks and concrete block.
C. Industrial waste, including but not limited to processed
scrap materials, certain hazardous and dangerous materials, such as acids,
paints, fluorescent tubes, bulk amounts of glass, toxic materials and highly
volatile or explosive matter, either in liquid, gaseous or solid form.
D. Bulk automotive parts, including but not limited to transmissions,
engines, rear ends, wheels, tires, mufflers, and other bulk items normally
produced by vehicular repair operations.
E. Dead animals, animal waste and animal droppings.
F. Surgical dressings, syringes and disposable hospital-type
items.
G. New and used motor oils or other petroleum products.
H. Hazardous waste classified pursuant to regulations issued
by the New York State Department of Environmental Conservation.
I. Domestic or household bulky items, such as washing machines,
refrigerators, stoves, household appliances and other household furnishings,
such as chairs, sofas, beds, etc., shall not be placed at the curb for collection
unless such collection is specifically announced by the village.
J. It shall be a violation of this chapter for any individual,
association, partnership or corporation to leave outside of any building or
dwelling, in a place accessible to children, any abandoned, unattended or
discarded icebox, refrigerator, freezer or dishwasher or any other item of
any kind which has an airtight door, with or without a lock, without first
removing said door.
Whenever a person places garbage or other waste material at or near
a curb, sidewalk, alley or street for collection by the village without complying
with all the provisions of this article, the village may choose not to collect
the garbage or other waste material. In such a case the village shall affix
a notice to the waste material which gives the reason why the material was
not collected. The village may also notify the property owner of the property
from which such uncollected waste material was generated why the village did
not collect that material. That notice shall be either verbal or written,
as the village determines is appropriate, and shall be provided as soon as
feasible after the village refuses to collect that material.
Where the village has not collected certain refuse and/or waste material because those materials were not considered collectible garbage as outlined in this article, or placed or prepared in accordance with the provisions of this article, the person who placed such materials for collection or the owner of the real property adjoining the curb, sidewalk, street or alley where such waste materials were placed shall remove those wastes from that location as soon as possible after the village has refused collection and, in any event, by 8:00 p.m. of the designated collection day. The failure to remove any uncollected waste material by 8:00 p.m. of the designated collection day shall constitute a violation of this article, and subjects the violator to the enforcement provisions contained in §
116-13 of this article.
The Village of Fultonville may, by resolution, impose fees for the collection
of any refuse, rubble, bulk items, brush or industrial waste. After such fees
are imposed, the manner of implementation and collection shall be by regulation
of the village not inconsistent with the terms of the resolution imposing
such fees.
Nothing in this article shall be deemed to prevent any person from entering
into a contractual agreement with a private waste hauler for the removal of
garbage and other waste materials generated by that person or at property
owned by that person.
Property owners and their agents, lessees, tenants or other occupants
who place materials not in accordance with this chapter shall hold harmless
and indemnify from any and all losses the Village of Fultonville, its employees
and agents for all costs, direct and indirect, which are attributable, in
the sole discretion of the village, for materials collected which were placed
for collection in violation of the terms of this chapter.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
There is hereby established a program for the mandatory separation of
recyclables from garbage or rubbish within the Village of Fultonville, New
York, thereby providing for the health and welfare of the citizens of the
Village of Fultonville, New York.
For the purpose of this article, the following terms have the meanings
herein defined:
BOARD
The Board of Trustees of the Village of Fultonville, New York. When
used in reference to a voting body, it shall be taken to include the phrase
"or a majority thereof."
CARDBOARD
Corrugated boxes and similar corrugated materials which have a minimum
of contamination by food or other materials.
COLLECTOR
Any person who holds himself out as a collector to collect either
solid waste or recyclables from residential, business, commercial or other
establishments.
DEC
The New York Department of Environmental Conservation.
DIRECTOR
The Director of Public Works of this municipality or his authorized
representative.
GARBAGE
All putrescible wastes except sewage and body wastes, including vegetable
and animal offal.
GLASS FOOD CONTAINER
A glass bottle or jar of any size or shape used to package food products
suitable for human or animal consumption.
IPC
An intermediate processing center which receives, processes and markets
recyclables.
METAL FOOD CONTAINER
An aluminum, bimetal, steel, tin-plated steel or other metallic can,
plate or tray of any size or shape used to package food products suitable
for human or animal consumption.
NEWSPAPER
Used or discarded newsprint (newspaper advertisements, supplements,
comics and newsprint-type enclosures) which has a minimum of contamination
by food and other material.
OFFICE PAPER
Any used or discarded high-grade white paper and manila paper, including
but not limited to paper utilized for file folders, tab cards, writing, typing
or printing which is suitable for recycling and which has a minimum of contamination.
PAPER LEAF BAGS
A paper leaf bag which shall be a sanitary kraft paper sack or equal
of thirty-gallon capacity, two-ply, fifty-pound wet strength, with decomposing
glue and a reinforced, self-supporting square bottom closure.
PERSON
Any individual, corporation, partnership, association or other entity
or organization of any kind.
RECYCLABLE MATERIALS
Any item designated by the DEC or the Board which can be separated
or diverted as defined below under "recycling."
RECYCLING
The separation or diversion of an item or items from the solid waste
stream for the purposes of processing it or causing it to be processed into
a material product, including the production of compost, in order to provide
for the disposition of the item or items in a manner, other than incineration
or landfilling, which will best protect the environment. Nothing in this definition
shall preclude the use of waste oil as fuel in an oil burner.
RECYCLING CENTER
The village's recycling drop-off facility or such other area
or areas as designated by the Board.
RECYCLING CONTAINER
A container described in §
116-21 hereof and used for the sole purpose of disposing of newspapers and cardboard as well as glass and metal food and beverage containers and other items that may be deemed recyclable by the Board.
RESIDENTIAL PROPERTY
Real estate containing one or more dwelling units, but shall not
include hospitals, motels or hotels.
RUBBISH
All nonputrescible waste materials except ashes, including but not
limited to wood, glass, bedding, crockery and industrial wastes. The term
"rubbish," as used herein, shall not mean nor shall it include in its meaning
unacceptable waste or recyclable materials.
SCRAP METAL
Used or discarded items which consist predominantly of ferrous metals,
aluminum, brass, copper, lead, chromium, tin, nickel or alloys thereof, including
but not limited to white goods and metal food containers.
SOLID WASTE
Solid, liquid, semisolid or contained gaseous, material that is unwanted
or discarded, including but not limited to demolition debris, material burned
or processed at a resources recovery facility or incinerator, material processed
at a recycling facility and sludges or other residue from a water pollution
abatement facility, water supply treatment plant or air pollution control
facility.
STORAGE BATTERY
Lead acid batteries or other batteries used in motor vehicles such
as automobiles, airplanes, boats, recreational vehicles, tractors and like
applications.
UNACCEPTABLE WASTE
A.
An item of waste either smoldering or on fire.
B.
Waste in quantities and concentrations which, by law, require special
handling in their collection and/or processing.
C.
All other items of waste which, at the time of delivery to the solid
waste disposal area, transfer station, recycling center or IPC, would be likely
to pose a threat to health or safety, would not normally be disposed of in
a sanitary landfill, recycling center or IPC or would be prohibited by any
judicial decision, order or action of any federal, state or local government
or any agency thereof or any other regulatory authority, or any applicable
law or regulation, from being disposed of at the solid waste disposal area,
transfer station, recycling center or IPC.
WASTE OIL
Crankcase oil that has been utilized in internal combustion engines.
On and after the effective date of this article, each person who generates solid waste from residential property shall separate from other solid waste the items designated for recycling in §
116-17 hereof, and every other person who generates solid waste shall make provision for the separation from other solid waste of the items designated for recycling.
On or after the effective date of this article, any collector who has
reason to believe that a person from whom he collects solid waste has discarded
recyclable items with such solid waste in violation of the provisions of this
article shall promptly notify the Board of the alleged violation. Upon the
request of the Board, a collector shall provide warning notices, by the placement
of tags provided by the village, to any person suspected by the collector
or the village of violating the separation requirements of state law or this
article. Each collector shall also be required to assist the village in the
identification of any perk responsible for creating loads containing significant
quantities of items subject to the separation requirements of state law or
this article which are delivered to a resources recovery facility, detected
by the owner or operator of such facility.
The Board is hereby authorized to adopt such regulations as it deems
necessary to implement the provisions of this article. At least one public
hearing, notice of which shall be given at least five days but not more than
15 days in advance by publication in a newspaper having a general circulation
in the village and by posting a notice of such hearing in a public place,
shall be held by the Board before any such regulation is adopted. After adoption,
every regulation shall, within 10 days, be published in its entirety in a
newspaper having a general circulation in the village and, unless it shall
specify a later date, shall become effective on the 30th day after such publication.