Chapter 39: Garbage, Rubbish and Refuse
§ 39-1. Purpose.
§ 39-2. Definitions.
§ 39-3. Containers required.
§ 39-4. Seasonal or special items.
§ 39-5. Placement for collection.
§ 39-6. Accumulation.
§ 39-7. Burning except in incinerators prohibited.
§ 39-8. Hazardous waste.
§ 39-9. Deposit on public or private property.
§ 39-10. Maintenance of property.
§ 39-11. Enforcement.
§ 39-12. Penalties for offenses.
§ 39-13. Severability.
§ 39-14. When effective.

[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 8-23-1893 as L.L. No. 7-1893.]

[Editor's Note: This local law superseded former Ch. 39, Garbage, Rubbish and Refuse, adopted 5-14-1990 as L.L. No. 10-1990, as amended.]

GENERAL REFERENCES

Parks and public areas - See Ch. 70
Public order - See ch. 73
Recycling - See. Ch. 74

§ 39-1. Purpose.

39-2. Definitions.

ASH RESIDUE - The noncombustible constituents of waste remaining after combustion or incineration (e.g., residue from a fireplace, solid fuel stove or incinerator).

DEBRIS - The remains of broken-down equipment or structures or an accumulation of fragments of concrete, stone and construction waste materials.

EXTRACTION PROCEDURE (EP) TOXICITY TEST - A series of laboratory tests designed to determine the level of toxicity in solid waste or landfill material.

GARBAGE - Any decayable waste material, other than sanitary sewage.

HAZARDOUS WASTE - Any material or substance identified as hazardous by the Department of Environmental Conservation.

RECYCLABLE MATERIAL - Includes items as designated from time to time by resolution of the Board of Trustees. See Chapter 74, Recycling, of the Village Code.

REFUSE - Includes all rubbish, recyclable material, garbage, trash and debris.

REFUSE COLLECTOR - Any individual or firm that receives, collects, transports or disposes of refuse.

REFUSE OFFICERS -- Employees of the Village of Williamsville designated to oversee the collection of garbage, rubbish, trash, debris and recyclables.

RUBBISH -- Any dry material, other than garbage, trash, recyclable materials or debris. produced routinely by households or commercial or industrial establishments, including but not limited to window glass, mirrors, ceramics, china or containers made of any other material, ashes and any nonhazardous waste material.

SOFT PLASTIC -- Soft, cloudy or colored high-density polyethylene items, excluding Styrofoam, plastic bags, food wrap, toys or hard plastics that will easily crack or break.

SOURCE SEPARATION -- The required separation of recycled materials for collection. See Chapter 74, Recycling, of the Village Code.

TRASH -- Bundles of brush, leaves, holiday trees and bulky objects, including but not limited to household appliances, equipment or furniture and construction debris.

YARD WASTE - Grass, leaves, brush, plants, weeds or dirt materials from vegetable and flower gardens, lawns and yards or ash from fireplaces or wood stoves.

§ 39-3. Containers required.

B. All items for routine collection, other than recyclable shall be placed in a watertight container with secure cover or, as an alternative, in a disposable plastic ba securely tied or fastened. No container or bag shall exceed thirty-two (32) gallons in capacity or weigh more than sixty-five (65) pounds when filled. Any premise that requires, on a regular basis, more than five (5) such containers for collection shall be required to secure a portable transfer container for all the excess over five containers. It shall be the responsibility of the owner or occupant to contract privately for the securing of said container service for the excess material.

C. All rubbish shall be placed in a metal or plastic container or a bushel basket, disposable plastic bag, carton of heavy cardboard or other durable material, securely tied or fastened. No container shall weigh more than sixty-five 65 pounds when filled.

D. Portable transfer containers (dumpsters) shall be used for outdoor storage of refuse on any premises as required under Subsection B. Such containers shall be emptied or replaced whenever full or at least once each week and shall be equipped with a tight-fitting lid so as to prevent dispersal of the contents about the premises.

§ 39-4. Seasonal or special items.

B. Any contractor creating debris from construction, demolition. landscape yard maintenance or from tree pruning or removal shall remove and dispose of said debris in a sanitary and safe manner at his own expense. If such debris results from work performed personally by an occupant, the debris may be placed at the curb for collection and removal by the refuse collector if the quantity of debris does not exceed five containers and/or bundles not weighing more than sixty-five (65) pounds each in any given week. To reduce the risk of bodily harm, protruding nails, glass and/or other sharp objects shall be rendered harmless prior to being deposited in containers or bundled for collection. Quantities of debris in excess of this amount shall be removed by the property owner or occupant at his or her own expense.

C. During the months of October, November and December, leaves may be placed in piles not exceeding six (6) feet in diameter at the curb or pavement line, but shall not be placed on the paved portion of any street. At all other times of the year, leaves and similar material must be suitably bagged or placed in an appropriate container.

D. Tree logs larger than four (4) inches in diameter shall be cut to a length not to exceed two (2) feet and placed at the curb for collection.

E. Tree branches not exceeding four (4) inches in diameter shall be cut to a length not to exceed six (6) feet and placed at the curb for collection with the butt end of the branches facing the same direction.

F. Tree trimmings, shrubs or vines not exceeding one-half (1/2) inch in diameter shall be cut and placed in suitable containers or bags and placed at the curb for collection In no event shall any container or bag exceed sixty-five (65) pounds in weight.

G. Holiday trees may be placed at the curbline or pavement line for collection in December and January without being cut and bundled as otherwise herein required.

H. All ash residue must be cool, dampened and contained so as to reduce the risk of fire and personal injury.

§ 39-5. Placement for collection.

B. Any refuse to be collected, except that in portable transfer containers, shall be placed at the curb before 6:00 am. on the day of scheduled collection, but in no event shall said refuse be placed at the curb before 6:00 pm. of the day preceding the scheduled collection.

C. Containers shall be removed from the curbline or any other place of collection before 11:00 p.m. of the day on which collection is made from the premises.

D. All containers shall be stored in such fashion as to be screened from public view.

E. The Village of Williamsville hereby assumes no responsibility to collect, and no person shall place in a public right-of-way, waste material not separated and prepared pursuant to the provisions of this chapter and the recycling regulations of the Department of Public Works. [Editor's Notes: See Ch. 74, Recycling.]

F. Material in public right-of-way.

(1) The Village of Williamsville hereby assumes no responsibility to collect, and no person shall place in the public right-of-way, the following waste material:

(a) Waste material generated outside of the Village of Williamsville.

(b) Waste material generated on premises which does not abut the same public right-of-way.

2) The fact that waste material is in a public right-of-way shall be rebuttable prima facie evidence that such material was placed there by the owner of the property abutting that public right-of-way.

§ 39-6. Accumulation.

B. The owner or occupant of any premises shall keep the same free, clear and clean of all refuse and maintain sidewalks and yard areas free and clear of all refuse and, upon written notice, shall, within five (5) days, cause to be corrected any unsanitary or unsafe condition on or about the premises.

C. Any compost or mulch pile shall be maintained in such fashion as not to attract rodents or cause the development of any odor or other hazard to the public health and safety.

D. Toxic, flammable or hazardous wastes not otherwise regulated by a public authority shall not be accumulated on any premises, improperly disposed of or placed at the curb for collection or recycling.

§ 39-7. Burning except in incinerators prohibited.

§ 39-8. Hazardous waste.

1) Dangerous wastes. Wastes that represent an immediate threat to the safety of employees of the Village of Williamsville and/or the general public, including but not limited to waste with jagged or protruding objects, broken glass or nails.

2) Hazardous wastes, as defined in the New York State Environmental Conservation Law and regulations pursuant thereto, including but not limited to:

(a) Injectable wastes, such as paint thinners, solvent-based cleaners, degreasers (e.g., acetone or xylene) and gasoline.

(b) Corrosive wastes, such as containers of battery acid or metal cleaning bath sludges (e.g., sodium hydroxide or sulfuric or hydrochloric acid).

(c) Reactive wastes, such as cyanide metal plating sludges or any waste that will react violently with water or which generates toxic gases, vapors or fumes (e.g., sodium metal).

(d) EP toxicity test wastes which produce an extract containing contaminants such as arsenic, lead chromium, silver or herbicides or industrial process wastes, contaminated soil from a spill or other solids containing any of the metals or organic materials in excess of the concentrations listed in state law and regulations.

(e) Toxic wastes, such as sludges from solvent recovery, solvents and the industry-specific wastes listed in the regulations of the Commissioner of the New York State Department of Environmental Conservation.

(f) Medical waste. Any infectious medical waste, subject to the provisions of the New York State Health Law and classified as infectious waste.

B. Dangerous, hazardous or chemically toxic wastes shall be disposed of by their owner or producer.

§ 39-9. Deposit on public or private property.

§ 39-10. Maintenance of property.

§ 39-11. Enforcement.

B. To assure compliance with this chapter, all portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection by the refuse officers, Code Enforcement Officer and any other public official designated by the village.

C. The Superintendent of Public Works. refuse officers and the Code Enforcement Officer may issue appearance tickets for any violations of this chapter.

§ 39-12. Penalties for offenses.

B. Any person who aids, abets or assists in a violation of this chapter shall also be subject to the penalties provided herein.

C. Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.

§ 39-13. Severability.

§ 39-14. When effective.

A picture of 5583 Main St Village Hall pictured in 1949 was originally built with limestone mined from the Young's limestone quarry which occupied what is now The Country Club of Buffalo. click here to see a bigger picture.

A picture of Main St looking West taken in 1950. The Ronecker building on the right is now home to Marty's formal wear. Picture courtesy of Dan Crapsi. click here to see a bigger picture.