Chapter 253

Chapter 253

SOLID WASTE

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia: Art. I, 10-11-1940; Art. II, 4-23-1990 as L.L. No. 2-1990; Art. III, 4-23-1990. Amendments noted where applicable.]  

GENERAL REFERENCES

 Use of dump — See Ch. 125.

 Housing standards — See Ch. 179.

 Littering — See Ch. 193.

 Property maintenance — See Ch. 223.

 Fees — See Ch. A312.  

ARTICLE I

Garbage Collection

[Adopted 10-11-1940]

  • 253-1. Definitions.

As used in this article, the following terms shall have the meanings indicated: 

GARBAGE — Kitchen and house refuse and table cleanings, fruit parings, vegetable parings and decaying vegetable, animal and fruit matter.  

  • 253-2. License required.

No corporation, firm, association or individual shall collect or dispose of garbage within the corporate limits of the Village of Fredonia, New York, without first obtaining a license therefor upon such terms and conditions as the Board of Health of such Village shall impose. 

  • 253-3. Application for license; fee; garbage containers.

     A. All applications for such a license shall be in writing, signed by the applicant, and shall set forth the purpose and the use for which the garbage is to be collected and the place or places where the same is to be used and such other information as the Board of Health may hereafter prescribe.

     B. Such license shall be issued for a fee as set by resolution of the Board of Trustees,[1]to be paid at the office of the Village Clerk, and shall expire annually on the 31st day of December. [Amended 12-9-1996 by L.L. No. 8-1996] 

     C. Every licensee shall provide suitable cans or containers approved by the Health Officer of the Village of Fredonia, New York, in which to collect and transport the garbage. Every such container shall be kept individually covered.

  • 253-4. Burying and scattering garbage prohibited; receptacles.

     A. Every householder, hotelkeeper or restaurant keeper and every person who, by family use or otherwise, has empty cans where vegetable or animal matter has been contained or has refuse, vegetable or animal matter is hereby forbidden from burying or throwing into the street or other places such refuse, vegetable or animal matter or cans or other empty receptacles.

     B. Every householder, hotelkeeper or any person or persons who shall have such refuse, vegetable or animal matter or cans or other empty receptacles shall provide for the receiving and keeping of the same in metal receptacles which shall be watertight and covered with a closed cover; and all such refuse, vegetable and animal matter, cans and other empty receptacles shall be deposited in said receptacles and kept securely closed and covered.

  • 253-5. Transportation of garbage.

All carts and other vehicles used by any person to carry or transport upon the street any swill, garbage or other offensive liquid or substance shall have watertight boxes or containers so as to prevent the contents from leaking. 

  • 253-6. Nuisances prohibited.

No person shall suffer or permit garbage to collect and remain upon his premises so that the same shall become a nuisance offensive and dangerous to the public health or to person or property. 

  • 253-7. Penalties for offenses. [Amended 12-9-1996 by L.L. No. 8-1996]

Any person violating the provisions of this article or any rule or regulation established by the Board of Health of the Village of Fredonia, New York, for the purpose of carrying out the provisions of this article shall be subject to a penalty of not more than $250 or imprisonment for not more than 15 days, or both.  

ARTICLE II

Recycling

[Adopted 4-23-1990 as L.L. No. 2-1990]

  • 253-8. Title.

This article shall be entitled “A Local Law Regulating Recycling in the Village of Fredonia.” 

  • 253-9. Findings and intent.

The Village Board finds and declares that the proper management of solid waste is necessary and desirable to protect public health and the quality of the environment. Toward this end, reduction of solid waste generation, recovery and reuse, energy recovery and improved disposal are recognized statewide goals. The Village Board further finds that, when accompanied by adequate markets for materials separated from the waste stream, source separation and recycling can be an effective way to reduce the ultimate volume of solid waste requiring disposal and to recapture the economic benefits lost in the disposal of recyclable materials and to reduce the demand upon limited natural resources. It is the intent of the Village Board of the Village of Fredonia to establish a program for the mandatory separation of recyclables from garbage, rubbish and other nonrecyclable wastes in the Village of Fredonia. 

  • 253-10. Legislative authority.

This article is enacted pursuant to the authority granted by and mandated by the New York State Solid Waste Management Act of 1988, Chapter 70 of the Laws of 1988. 

  • 253-11. Compatibility with county program.

This article is enacted and is intended to be compatible with the recycling requirements of the Chautauqua County landfill and transfer stations if the solid waste is intended to be delivered to such facilities. 

  • 253-12. Definitions.

As used in this article, the following terms shall have the meanings indicated: 

COMPONENT — Paper, glass, metals, plastics, garden and yard waste and any other materials identified in this article or in the regulations adopted hereunder.  

ECONOMIC MARKET — Refers to instances in which the full avoided cost of proper collection, transportation and disposal of source-separated materials is equal to or greater than the cost of collection, transportation and sale of said materials less the amount received from the sale of said materials.  

PERSON — Includes an individual, partnership, corporation, society, club, firm or association.  

RECYCLABLE — A component of the solid waste stream for which an economic market is available.  

RESIDENT — Applies to private residences and commercial, industrial, governmental and all other generators of solid waste in the Village of Fredonia.  

  • 253-13. Recyclables to be separated.

     A. General requirement. Recyclables left for collection or delivered to a solid waste management facility shall be separated from all other garbage, rubbish and other nonrecyclable solid wastes in accordance with this article.

     B. No mixed containers. Recyclables shall not be placed in the same garbage can or container or otherwise mixed with other forms of solid waste for collection, removal or disposal.

     C. No collection of mixed containers. It shall be unlawful for a person to collect, remove or dispose of solid waste which consists of recyclables combined with other forms of solid waste.

  • 253-14. Separation and collection requirements.

     A. General requirements. Residents in the Village of Fredonia shall source-separate recyclables in accordance with the New York State Solid Waste Management Act of 1988, which shall be a minimum requirement, and shall further comply with the additional requirements set forth in this article and the rules and regulations adopted hereunder.

     B. Specific requirements. The Village Board of the Village of Fredonia may, from time to time, by resolution, formulate, adopt, promulgate, amend and repeal rules and regulations in furtherance of this article controlling the storage, collection, recycling and disposal of solid waste in the Village of Fredonia. Said rules and regulations shall be published in the official newspaper of the Village of Fredonia.[2]

     C. Recyclable and reusable materials not covered by this article. Notwithstanding that the following materials may be recyclable or reusable, the following are prohibited from being included with recyclables intended for collection or delivery in accordance with this article:

          (1)    Toxic, nuclear or other hazardous waste.   

          (2)    Biodegradable plastics.   

          (3)    Tires. 

          (4)    Any other materials which are governed by other laws and regulations, which require special handling or which would be hazardous or deleterious if included in the general recyclable waste stream.     

  • 253-15. Trash receptacles.

     A. Public. Where public trash receptacles are provided, for example, in commercial establishments, parks, recreation areas, etc., the following shall apply:

          (1)    It is prohibited for anyone to place nonrecyclables or the wrong type of recyclable or the correct type of recyclable which is in an unacceptable condition in a container marked for a particular type of recyclable. 

          (2)    It is prohibited for anyone to place recyclables in a container marked for nonrecyclables.   

     B. Private. Where private dumpsters, trash cans or other containers are located, including at the curb for pickup, the following shall apply:

          (1)    It is prohibited for anyone to place nonrecyclables or the wrong type of recyclable or the correct type of recyclable which is in an unacceptable condition in a container marked for a particular type of recyclable. 

          (2)    It is prohibited for anyone to place recyclables in a container marked for nonrecyclables.     

  • 253-16. Enforcement; private remedies.

     A. Public. This article and the regulations adopted pursuant hereto shall be enforced by the Village Building Inspector and any deputies and shall also be enforced by any police officer.

     B. Private remedy. A private person or business claiming to be damaged by a violation of this article shall have such rights and remedies as are provided by law.

  • 253-17. Violations and repeat violations.

     A. Violations. A failure to comply with the requirements of this article or the rules and regulations adopted hereunder shall constitute a violation and subject the violator to the criminal and civil penalties provided for herein.

     B. A repeat violation is any violation within one year of a prior violation.

     C. An intentional or knowing violation is an intentional or knowing violation as those terms are defined in the New York Criminal Procedure law.

  • 253-18. Penalties for offenses; civil penalties.

     A. Criminal penalties. A person convicted of violating any provision of this article or regulations adopted hereunder shall be guilty of a violation which is punishable as follows:

          (1)    For each violation: a fine not to exceed $100. 

          (2)    In the case of a repeat violation: an additional amount not to exceed $250. 

          (3)    In the case of an intentional or knowing violation: an additional amount not to exceed $500.   

     B. Civil penalties. A person violating this article or the regulations adopted hereunder shall be liable for a civil penalty as follows:

          (1)    For each violation: a fine not to exceed $100. 

          (2)    In the case of a repeat violation: an additional amount not to exceed $250. 

          (3)    In the case of an intentional or knowing violation: an additional amount not to exceed $500.     

  • 253-19. Corrective order.

The enforcement officer or any other person empowered to enforce this article and rules and regulations may order a person violating this article or rules and regulations to correct, abate, cease or otherwise remedy the violation. Failure to obey such order shall constitute a further violation. 

  • 253-20. Injunctive and other relief.

The Village may seek such injunctive, equitable or other relief as may apply in the circumstances. Further, the Village may act to correct the violation. 

  • 253-21. Expenses.

     A. Expenses of correction. A person determined to have violated this article or rules and regulations shall be liable for all costs of correcting the violation.

     B. Expenses of enforcement. A person determined to have violated this article or regulations shall be liable for all costs of enforcing this article and regulations, including reasonable attorney’s fees, in addition to the criminal and civil penalties.

  • 253-22. Nonexclusivity of remedies.

The remedies herein may be pursued singly, concurrently and sequentially in any combination. Use of one remedy shall not exclude the use of any other remedy. 

  • 253-23. Liability.

No liability in damages or otherwise shall be incurred by the Village of Fredonia or its public officers, employees, agents or enforcement officers or any other officer or person authorized to enforce this article and rules and regulations on account of exercising the procedures and actions authorized hereunder. 

  • 253-24. Exceptions.

     A. Chautauqua County Landfill regulations. No penalty shall be imposed for recycling practices which may violate the letter of this article or regulations, but which comply with the requirements of the Chautauqua County Landfill, if the material in question is intended to be delivered to the landfill or county transfer station and is acceptable at that place of delivery.

     B. Nonrecyclability. It shall be an affirmative defense to an alleged violation that the material in question is not recyclable.

ARTICLE III

Recycling Regulations

[Adopted 4-23-1990]

  • 253-25. Categories of recyclables.

Recyclables shall be segregated for collection or delivery to a solid waste management facility into the below-listed categories, each of which shall have a separate trash can or container. However, the private hauler may require his customer to have recyclables separated into fewer categories, and in such case, the private hauler shall also deliver the recyclable to the solid waste facility into the following listed categories: 

     A. Recyclable glass.

     B. Recyclable plastic.

     C. Recyclable metal.

     D. Recyclable newspaper.

  • 253-26. Applicability of county regulations; additional regulations of private haulers.

     A. The types of recyclables and their condition shall be further defined by laws, rules and regulations of the County of Chautauqua.

     B. Private haulers shall also have the right to set forth reasonable regulations for pickup of recyclables, provided that said regulations are consistent with Article II of this chapter and any regulations thereunder and consistent with applicable laws, rules and regulations of the County of Chautauqua.

  • 253-27. Placement of recyclables at curbside.

If placed on the curbside for collection, all recyclables shall be placed in containers in a neat and orderly fashion. Newspaper shall be secured in bundles not to exceed 40 pounds. Magazines, telephone books, etc., shall be bundled separately from newspapers.  

ARTICLE IV

Collection of Lawn Refuse at Street Department

[Adopted 8-8-2016 by L.L. No. 4-2016]

  • 253-28. Definitions.

As used in this article, the following terms shall have the following definitions: 

COMMERCIAL HAULER — Any person who hauls refuse for a profit or is not the owner or tenant of the premises from which the lawn refuse is located.  

LAWN REFUSE — Grass clippings, leaves, branches, and bushes which have been cut from a premises located within the Village of Fredonia.  

NONCOMMERCIAL HAULER — Any person who delivers lawn refuse from a premises located within the Village of Fredonia and who is the owner of the premises or a tenant of the owner.  

PERSON — Any individual, partnership, limited liability company, corporation or other entity.  

  • 253-29. Depositing lawn refuse at Street Department headquarters.

Only lawn refuse from property located within the Village of Fredonia delivered by a noncommercial hauler may be deposited at the Village Street Department headquarters, presently located on Eagle Street, and in accordance with any Village Board-approved posting at the Street Department headquarters. Depositing of any other lawn refuse in violation of this article at the Village Street Department headquarters is prohibited. Use of the Village Street Department headquarters by a commercial hauler is prohibited. 

  • 253-30. Penalties for offenses.

Any person who violates any provision of this article shall be subject to a fine not less than $75 for a first offense and not more than $500 or imprisonment not exceeding 15 days, or both. For a second or more offenses, the minimum fine shall not be less than $150 and not more than $1,000 or imprisonment not exceeding 15 days, or both such fine and imprisonment. In addition, any person who violates any provision of the article shall remove such refuse within two days after notification from the Village; and in the event of failure to remove, the court shall have the authority to assess against such person violating this article the cost to the Village in removing the lawn refuse, which shall be paid to the Village of Fredonia, and the court shall have authority to render a judgement in favor of the Village of Fredonia.  

[1].  Editor’s Note: See Ch. A312, Fees.

[2].  Editor’s Note: Current recycling rules and regulations are found in Art. II of this chapter.