[HISTORY: Adopted by the Town Board of the Town of Queensbury 5-19-2008 by L.L. No. 5-2008. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 96.
This chapter shall be entitled "Composting."
The authority for this chapter is New York State Municipal Home Rule Law § 10 and New York State Town Law § 130.
Municipalities are encouraged under state law to reduce municipal waste and encourage and promote recycling and residential composting as an effective means of reducing solid waste and producing soil-enriching products. Composting has a beneficial impact on the environment by reducing solid waste and improving soils conditions, and for these reasons the Town of Queensbury wishes to promote composting and educating Town residents on effective composting and practices. Improper composting can attract vermin, create offensive smells, create unsightly conditions and otherwise have a negative impact on the health and well-being of the community, and as such, the Town wishes to ensure that proper composting practices are followed.
As used in this chapter, the following terms shall have the meanings indicated:
- A mixture of primarily vegetative matter, including but not limited to fallen leaves, woodchips, pine needles, sawdust, grain, coffee grounds, eggshells, lawn clippings, vegetable matter, and/or fruit matter maintained in a sanitary manner.
- Decomposition of solid, organic material to produce a stable, humus-like material.
- RESIDENTIAL COMPOSTING
- Collection of compost materials, solely from the residential property where generated, and maintenance on site for noncommercial purposes. The term "residential composting" shall include only single-family and two-family residential dwellings.
Residential composting is allowed and encouraged on all single-family and two-family residential properties in all zones in the Town of Queensbury subject to the following conditions:
Composting is limited to materials generated on the premises.
Composting may not include meat, fish, dairy products, treated wood or dog or cat feces.
Compost must be maintained in a sanitary manner which does not create unreasonable odors or attract vermin.
Compost may be maintained in a maximum of two compost bins, each up to 9.5 cubic feet or 71 gallons maximum. Compost containers acquired from or through the Town as part of a Town-sponsored program will be deemed compliant with this chapter.
Compost that is not maintained in bins may cover an area no greater than: 1) 100 square feet and a volume of no greater than 250 cubic feet for lots less than or equal to one acre; or 2) 200 square feet and a volume not greater than 500 cubic feet for lots greater than one acre and less than or equal to five acres; or 3) lots greater than five acres shall be exempt from this size requirement.
Compost that is not maintained in compost bins must be stored in the rear of a residential premises. For corner properties, the architectural front of the property will be considered the front.
All composting bins or areas must be located at least six feet from all property lines.
The Director of Building and Codes Enforcement, or any Deputy Code Enforcement Officer, is authorized to investigate complaints of violations of this chapter.
Any person, firm or corporation who shall violate any of the provisions of this chapter or fail to comply therewith, or with any of the provisions thereof, or any landowner who shall allow such violation, shall be guilty of a violation punishable by a fine of not more than $950 for the first offense; and by a fine of not more than $950 or by imprisonment for not more than one year for a second offense. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction. Each day that the violation is carried on or continues shall constitute a separate violation.
A civil action or proceeding in the name of the Town of Queensbury, New York, may be commenced in any court of competent jurisdiction to restrain by injunction the violation of this chapter. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced by the Director of Building and Code Enforcement, and/or his/her authorized assistants or deputies with the consent of a majority of the Town Board.