§ 167-1. Legislative
intent.
A. The
collection and disposal of garbage, trash and recyclables is of serious concern
to the inhabitants of the Village of New York Mills, and the methods of
collection and disposal thereof in a manner consistent with state and county
requirements has resulted in ever-increasing costs.
B. The
intent of this chapter is to provide the most economical and just method for
the disposal of garbage, trash and recyclables within the Village of New York
Mills and to safeguard the public health, safety and general welfare.
§ 167-2. Definitions.
Whenever
used in this chapter, 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:
ASHES -- All substances or material which remains
after combustion.
AUTHORITY -- The Oneida-Herkimer Solid Waste Management
Authority.
AUTHORIZED
AGENT -- A person who has agreed, in
writing, to issue distinctively labeled garbage bags on behalf of the Village
and to pay the necessary fees therefor.
DESIGNATED
BAG -- A plastic bag of such size and
design as shall be determined by the Board of Trustees, containing a
distinctive label and to be used for the collection and disposal of garbage and
trash in the Village of New York Mills.
GARBAGE -- All organic waste material, both animal
and vegetable.
HAZARDOUS
WASTE
A. A
waste or combination of wastes which, because of its quantity, concentration or
physical, chemical or infectious characteristics, may:
(1) Cause
or significantly contribute to an increase in mortality or an increase in
serious irreversible or incapacitating reversible illness; or
(2) Pose
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
B. All
those chemicals, wastes, oils and/or all those articles or materials listed
under § 27-0903 of the Environmental Conservation Law as drawn up by the
Commissioner.
HEAVY
TRASH -- Large discarded items that do
not fit in a designated bag, such as, but not limited to: sofas, stoves,
refrigerators, water tanks and similar objects and material.
LANDFILL -- 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.
PAPER -- Wastepaper, cardboard and cardboard boxes
and containers.
PERSON -- An individual, trust, firm, joint-stock
company, corporation, partnership, association or any interstate body.
PERSON IN
CHARGE -- A natural person, association,
partnership, firm or corporation that occupies, manages, uses or controls
premises.
RECYCLABLES -- Items which have been designated by the
Oneida-Herkimer Solid Waste Authority as being reusable and designated not to
be landfilled by the Authority.
REFUSE -- All other waste material not otherwise
specifically defined.
STORAGE -- 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.
TRASH -- All discarded material not suitable for
further use.
WASTE -- Any garbage, refuse, trash, sludge and all
other waste material not otherwise specifically defined.
WHITE
GOODS -- Washing machines, clothes
dryers, refrigerators, freezers and all other similar types of materials that
are of recyclable value.
§ 167-3. General
regulations and restrictions.
No person
shall dispose of garbage, rubbish, ashes or recyclables except pursuant to the
following regulations:
A. All
garbage, trash, ashes and refuse shall be placed in designated bags and shall
not exceed 50 pounds in weight.
B. Recyclable
materials, as designated by the Authority, shall be separated in accordance
with the Authority regulations and be placed in clear, transparent plastic bags
not exceeding 50 pounds in weight nor 40 gallons in capacity.
C. All
bags and containers for both garbage and recyclables shall be placed along side
the curb not earlier than 6:00 p.m. Eastern Standard Time during the winter and
6:00 p.m. Daylight Savings Time in the summer, the afternoon prior to the
scheduled pickup.
D. Collection
by the contractor designated by the Board of Trustees shall begin not earlier
than the time specified in the contract.
E. No
private collections shall commence prior to 6:00 a.m., including dumpsters, nor
later that 8:00 p.m.
F. All
containers shall be removed from the curb area on the day of collection.
G. No
private collections shall commence prior to 6:00 a.m., including dumpsters, nor
later than 8 p.m. All private haulers must obtain a permit from the Village
Clerk to be registered as a waste hauler in the Village.
H. Any
debris, green waste or other material generated by a contractor must be
disposed of by the contractor. If a contractor places any of said waste
materials at the curb for pickup by the Village, the contractor shall be liable
for the expense of said pickup.
§ 167-4. Collection
periods.
A. Garbage,
rubbish, ashes and recyclables will be collected on the days and at the times
established by the Village Board.
B. Heavy
trash items will be collected upon request to the collector and will only be
removed after a specially designated HEAVY TRASH label has been purchased from
the Village Clerk and affixed to the item.
§ 167-5. Removal.
A. All
garbage, refuse, paper, trash and ashes of this Village shall be collected and
removed by Village Employees or by a responsible person under contract with the
Village and shall be disposed of after such collection without the limits of
the Village or otherwise disposed of as may be provided for by the Board of
Trustees. This chapter shall not prevent a business, school or apartment
building owner or manager from contracting with a private garbage collector for
the removal of garbage, refuse, paper, trash and ashes, but such removal must
be made with the same care as that required by the Village Employees.
B. All
businesses, schools and apartment buildings, etc., using a private garbage
contractor for removal of garbage, refuse, paper, trash or ashes must use the
same contractor to dispose of any and all items that require a disposal
fee.
§ 167-6. Garbage
originating outside Village prohibited.
A. Garbage,
trash or recyclables originating outside the Village. No person shall bring in,
place or deposit or cause to be brought into, placed or deposited in the
Village any garbage, refuse, trash, recyclables, paper, hazardous waste and/or
material or ashes originating outside the Village for the purpose of disposing
of the same in the Village or for the purpose of having the same collected by
the Village or its agents or contractors.
B. Permitting
disposal of garbage, trash or recyclables from outside the Village. No person
who is a resident of the Village or owner, lessee or person in control of real
property within the Village shall permit any person to bring in, place or
deposit garbage, refuse, trash, recyclables, paper, hazardous waste and/or
material or ashes originating outside the Village on any real property owned or
leased by him or her or under his or her control.
§ 167-7. Disposal.
No person
will dispose of garbage originating within the Village except in front of the
person's property where he or she resides and shall not dispose of any garbage,
refuse, trash, or recyclables on neighbor's property, Village or in any public
receptacle.
§ 167-8. Authorized
agents of designated bags.
A. The
Board of Trustees shall designate authorized agents to distribute the
designated bags on behalf of the Village. The number of authorized agents shall
be determined by the Board of Trustees to adequately meet demand.
B. Such
authorized agent shall pay to the Village the designated collection fee
established by the Village for each designated bag upon receipt of the same,
may add thereto a service charge not to exceed $0.05 per bag and shall also be
responsible for the collection and payment of the state and local sales tax
applicable thereto.
§ 167-9. Use of
designated bags.
A. Garbage.
All garbage to be collected by the Village shall be placed and sealed in a
separate designated bag.
B. Trash.
All trash to be collected by the Village, unless otherwise provided herein,
shall be placed and sealed in a separate designated bag.
§ 167-10. Unauthorized
garbage bags; special handling fee.
A. Use
prohibited. No person shall, except as herein provided:
(1) Use
any garbage bag or trash bag other than a designated bag issued by the Village
for disposal of garbage or trash.
(2) Duplicate
or imitate any designated bag issued by the Village.
(3) Give,
sell or issue in any manner a duplicated or imitated designated bag.
B. Violations.
If any person shall place out or permit to allow the placing out of garbage or
trash in an unauthorized designated bag, the Village, for sanitary and
aesthetic reasons, may pick up the unauthorized designated bags. The charge to
the owner, occupant or person in charge shall be equal to 10 times the
designated bag charge or as otherwise determined by resolution of the Board of
Trustees to compensate the Village for special handling. In addition, any
person in violation shall be subject to the penalties prescribed herein.
C. Presumption.
(1) In
case of single-family or two-family residences, it shall be presumed that the
occupant or person in charge is responsible for the placement of such
unauthorized designated bags. The owner shall, however, be ultimately
responsible for any unpaid special handling fees.
(2) In
the case of multiple-family residences, commercial or industrial properties, it
shall be presumed that the owner or person in charge is responsible for the
placement of such unauthorized designated bags.
D. Collection
of special handling fee. The Village Clerk's office shall bill by ordinary mail
the person responsible for payment of the special handling fee as soon as
practicable. If such fee is not paid within 30 days after billing, the Village
Clerk's office shall notify the Board of Trustees, which shall have the power
to add the unpaid bill to the annual Village tax, and the same shall constitute
a lien and shall be collected in the same manner and at the same time as
regular Village taxes.
§ 167-11. Collection
fees.
A. The
Board of Trustees shall establish, by resolution, the collection fees for the
collection and disposal of garbage, trash, recyclables and other discarded
material. The purpose of such fees shall be to pay for all labor costs, garbage
packer bonding fees, landfill tipping fees, materials, equipment, maintenance
costs, administrative, legal and all other expenses incurred by the Village in
handling the collection and disposal of such items.
B. The
Board of Trustees shall have the power to reassess the collection fees,
whenever deemed necessary pursuant to the requirement of the Village Law of the
State of New York.
§ 167-12. Recyclable
materials.
A. The
Village of New York Mills or its authorized collection agent shall collect
recyclable material which the Authority has designated as recyclable.
B. Recyclable
materials do not have to be placed in a designated bag, provided that they are
prepared and cleaned according to the Authority's specifications.
C. Recyclables
must be placed in a clear transparent plastic bag not exceeding 50 pounds in
weight nor 40 gallons in capacity.
D. The
Village Board shall have the right to limit the amount of recyclables picked up
from any one person to maintain the economic integrity of this chapter. The
Village reserves the right to institute a fee for excess recyclables should it
become necessary.
E. Prohibited
removal of recyclable materials. From the time the recyclable materials are
placed at the curb by a resident for collection, such recyclable materials
shall become the property of the Village of New York Mills or its authorized
collection agent. It shall be a violation of this chapter for any person
without authority from the Village of New York Mills to collect, pick up,
remove or cause to be collected, picked up or removed any recyclable materials.
Each such collection, picking up or removal from one or more premises shall
constitute a separate and distinct offense in violation of this chapter, and
any person violating this chapter shall be subject to the penalties prescribed
herein.
§ 167-13. Heavy trash.
Heavy trash
items that are too large to be placed in the designated bags may be disposed of
by requesting a pickup from the Village's authorized collection agent and by
purchasing a specially designated HEAVY TRASH label from the Village Clerk and
affixing it to the item.
§ 167-14. Hazardous
wastes.
No hazardous
wastes and/or materials, including, but not limited to: paint, tar, sealer cans
and chemicals of any kind shall be collected by the Village. It is the
responsibility of the producer or user of such items to provide for their safe
disposal.
§ 167-15. Tires.
Unmounted
automobile and truck tires and the like shall not be collected with the garbage
and trash pickup. They may be disposed of by requesting a pickup from the
Village's authorized collection agent and by purchasing a specially designated
TIRE label from the Village Clerk and affixing a separate label to each
tire.
§ 167-16. Leaf
collections.
A. Leaves
placed between the sidewalk and curb (not in the street) will be picked up by a
leaf-picker between October 1 and November 30, and any leftover leaves, twigs
and weeds will be collected in the spring from April 1 through April 15.
(1) Under
no circumstances are leaves to be raked into the streets, but they are to be
placed between the sidewalk and the curb, piled as close to the curb as
possible without falling into the street.
B. No
person shall place or permit to be placed other objects in the piles of leaves,
such as, but not limited to cans, bottles and stones.
C. Loose
materials or other debris are not to be raked into the Village streets at any
time since this hampers efficient street cleaning and obstructs surface water
drainage.
D. Brush
and similar loose objects shall be tied in bundles.
§ 167-17. Building
materials and trees.
A. All
buildings and parts of buildings, including any wood or wood debris, shall be
removed by the property owner or lessor at his own expense, except that one
forty-gallon container of construction debris and miscellaneous wood may be put
out on the last Wednesday of each month.
B. Trees
and tree limbs and stumps (excepting only small brush of not more than five
feet in length) shall be removed by the property owner or lessor at his own
expense.
§ 167-18. Penalties for
offenses.
Any person
who shall violate any provision of this chapter shall be punished by a minimum
fine of $75 and a fine not to exceed $150 or imprisonment for a period not to
exceed 15 days, or by both such fine and imprisonment; for conviction of a
second violation, both of which were committed within a period of one year, by
a minimum fine of $100 and a fine not to exceed $200 or imprisonment for a
period not to exceed 15 days, or both such fine and imprisonment; for
conviction of a third or subsequent violation, all of which were committed
within a period of one year, by a minimum fine of $150 and a fine not to exceed
$250 or imprisonment for a period not to exceed 15 days, or both such fine and
imprisonment.
§ 167-19. Amendments.
Amendments
to this chapter may be made by a resolution of the Village Board.
§ 167-20. Rate elements.
Rates shall
be as set from time to time by resolution of the Board of Trustees.
County Solid Waste and Recycling Law
Oneida County
Local Law No. 1-1990
Section No. 11,
Prohibition against unauthorized dumping.
The Oneida County Board of Legislators has declared its intent to
regulate the throwing, dumping, depositing and placing of solid waste and
recyclable material on lands within Oneida County. The ordinance shall apply to
throwing, dumping, depositing and placing of solid waste and recyclable
material upon all lands, public or private.
It shall be a violation
of this Law:
(1) For any person to
place for the purpose of collection solid waste and/or recyclables at a
property other than the property generating said material.
(2) For
any person to place solid waste and/or recyclable material in dumpsters and/or
containers designated for solid waste use by commercial and/or industrial
establishments.
(3) For any person to
bury and/or burn solid waste material on public or private property.
(4) For
any person to throw, dump, deposit or place solid waste and/or recyclable
material along the roadside or on public and/or private property within Oneida
County.
(5) For
any person to cause to be thrown, dumped, deposited, or placed solid waste and/or
recyclable material along any public or private road or on lands bordering such
roads.
In order to provide for the public health and safety and to
facilitate the conservation of vital natural resources: each person shall
provide for the removal of garbage and recyclables from the property on which
they are generated either through a service provided by a municipality or
licensed private hauler or by direct haul by the individual generator to a
disposal location approved by the County or the Authority pursuant to contract
with the County.
County Solid Waste
and Recycling Law
Oneida County
Local Law No. 1-1990
Section No. 12,
Enforcement penalties.
(a) Failure
to comply with this chapter by any person or tenant in cases where a lease
agreement gives specific responsibility for solid waste disposal to said tenant
shall be an offense punishable as provided.
(b) Conviction
of a first offense provided by this article shall be punishable by a fine of
not less than $100 and not more than $500 and/or loss of solid waste collection
and disposal permit, in addition, anyone convicted of a first offense
thereunder shall be liable to pay civil penalty of not less than $100 and not
more than $500. Conviction of a second offense within a year of the first
offense shall be punishable by a fine of not less than $500 nor more than
$1,000 and/or loss of solid waste collection and disposal permit, or
imprisonment of not more than 15 days, or both, and in addition anyone
convicted of a second offense thereunder shall be liable to pay a civil penalty
of not less than $500 nor more than $1,000. Conviction of a subsequent offense
within a year of the first offense shall be punishable by a fine of at least
$1,000 and not more than $2,000 and/or loss of solid waste collection and
disposal permit, or imprisonment of not more than 30 days, or both, and in
addition anyone convicted of a subsequent offense thereunder shall be liable to
pay a civil penalty of $1,000. Conviction of any company, partnership,
municipality or any entity other than an individual person, shall be subject to
a fine of not less than $2,500 nor more than $5,000.
