[Adopted 7-17-1995 as L.L. No. 4-1995]
This Article shall be known as the "Refuse Disposal Law of the Town
of New Berlin."
This Article is adopted for the purpose of promoting the health, safety
and general welfare of the people of the Town of New Berlin, including the
protection and preservation of property of the town and its inhabitants in
all matters related thereto, by controlling the storage, collection and disposal
of refuse within the Town of New Berlin.
As used in this Article, the following terms shall have the meanings
indicated:
All decayable wastes, except sewage and body wastes, including vegetable
and animal offal and carcasses of dead animals, and shall include all such
substances accumulated on or removed from all public and private establishments
and properties, including residences.
Any individual, firm, partnership, company, corporation, association,
society or group.
Includes rubbish, garbage and trash and any other similar materials.
Includes any person, firm, corporation or other legal entity carrying
on the business of receiving, collecting, transporting or disposing of garbage,
rubbish, trash or other wastes for hire and/or salvage within the Town of
New Berlin.
General, dry materials produced routinely by household, commercial
or industrial establishments, such as paper, cans, bottles and other containers
and ashes and any other similar materials.
Includes brushes, branches, Christmas trees, lawn rakings and similar
waste materials, bulky objects, such as discarded household appliances or
equipment or furniture, and building demolition and construction wastes.
Every owner, lessee or occupant of any building, premises or place of
business within the Town of New Berlin shall provide or cause to be provided
at all times suitable and sufficient receptacles for receiving and containing
garbage, rubbish or refuse that may accumulate or be used upon said premises.
A.
The owner or occupant of the real property shall be responsible
for the regular collection and/or disposal of all refuse which may accumulate
on the property owned or occupied by him.
B.
No person shall accumulate or permit the accumulation
of refuse on any premises owned by him within the Town of New Berlin, except
for the purpose of collection, which shall normally occur at intervals not
less frequent than seven days.
C.
Nothing herein contained shall be construed to prohibit
the maintenance of compost or mulch piles, provided that no garbage shall
be deposited in such piles, and further provided that such compost or mulch
piles do not develop obnoxious odors, attract rodents or otherwise create
a hazard to the health or enjoyment of neighboring property owners.
No person shall throw, deposit, burn or cause to be thrown, deposited
or burned any refuse, garbage, trash, rubbish or leaves in or upon any public
highway, street or place, including drainage ditches, or any other property
not owned by said person within the Town of New Berlin except on premises
owned and operated by the Chenango County Refuse District and, in that event,
only at such times and in such manner as the regulations of said district
may from time to time provide.
No person shall transport in any unenclosed vehicle any trash, rubbish
or refuse unless the same is placed in securely covered containers.
A refuse collector shall include any person, firm, corporation or other
legal entity carrying on the business of receiving, collecting, transporting
or disposing of garbage, rubbish, trash or other wastes for hire and/or salvage
within the Town of New Berlin.
It shall be the responsibility of the Town Board or its duly authorized
agents to enforce the provisions of this Article.
Any person who violates this Article shall be guilty of an offense and
subject to a fine of not more than $100 or imprisonment for not more than
15 days, or both.