ARTICLE II, Collection

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Chapter 135, Garbage, Rubbish and Refuse

ARTICLE II, Collection

§ 135-8. Findings

The Board of Trustees finds that the collection and disposal of garbage and trash is of serious concern to the inhabitants of the Village of Ilion and that the methods of collection and disposal thereof in a manner consistent with state requirements have resulted in ever-increasing costs.

§ 135-9. Purpose

The purpose of this Article is to provide the most economical and just method for the disposal of garbage and trash within the Village of Ilion and to safeguard the public health, safety and general welfare.

§ 135-10. Definitions

As used in this Article, the following words shall have the following meanings:

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.

DISTINCTIVELY LABELED GARBAGE BAG -- A plastic bag of such size and design as shall be determined by the Board of Trustees containing a distinctive label, to be used for the collection and disposal of garbage and trash in the Village of Ilion.

PERSON IN CHARGE -- A natural person, association, partnership, firm or corporation that occupies, manages, uses or controls premises.

§ 135-11. Authorized agents

Any person operating a place of business within the Village of Ilion may become an authorized agent to issue distinctively labeled garbage bags on behalf of the village. Such authorized agent shall pay to the village the designated collection fee established by the village for each distinctively labeled garbage bag upon receipt of the same, may add thereto a service charge not to exceed five cents ($0.05) per bag and shall also be responsible for the collection and payment of the state and local tax applicable thereto.

§ 135-12. Use of distinctively labeled garbage bags

A. Garbage. All garbage to be collected by the village shall be placed and sealed in a separate distinctively labeled garbage bag.

B. Trash. All trash to be collected by the village, unless otherwise provided herein, shall be placed and sealed in a separate distinctively labeled garbage bag.

§ 135-13. Unauthorized garbage bags; special handling fee; enforcement

A. Use prohibited. No person shall, except as herein provided:

(1) Use any garbage bag or trash bag other than a distinctively labeled garbage bag issued by the village for disposal of garbage or trash.

(2) Duplicate or imitate any distinctively labeled garbage bag issued by the village.

(3) Give, sell or issue in any manner a duplicated or imitated distinctively labeled garbage bag.

B. Violations.

(1) If any person shall place out or permit or allow the placing out of garbage or trash in an unauthorized garbage bag, said person, corporation, agent, owner, tenant, lessee, occupant or one in control of said premises affected may be subject to the enforcement procedures set forth in Article III of this Chapter and the penalties in Schedule C..

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 garbage bags.

(2) In the case of multiple-family residences and commercial or industrial properties, it shall be presumed that the owner or person in charge is responsible for the placement of such unauthorized garbage 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 thirty (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, or civil action may be commenced in the local court for all costs incurred.

§ 135-14. Collection fees

The Board of Trustees shall establish by resolution the collection fees for the collection and disposal of garbage, trash 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 and all other expenses incurred by the village in handling the collection and disposal of such items.

§ 135-15. Recyclable materials

A. The Village of Ilion shall continue to collect recyclable material for which the village has located markets at no expense to the inhabitants of the village who wish to participate therein.

B. Any recyclable materials do not have to be placed in a distinctively labeled garbage bag, provided that they are prepared and cleaned according to the following specifications:

(1) Newspapers and glossy or shiny paper must be bundled with twine or placed in paper bags or boxes. The use of tape, pantyhose, yarn or any other form of securing bundles is not acceptable. Magazines are not recyclable and therefore not acceptable.

(2) Glass bottles and jars must be washed clean. Clear bottles and jars shall be placed in separate boxes or containers. Colored bottles and jars shall be placed in separate boxes or containers. Labels do not have to be removed. Lids should be removed.

(3) Tin cans and aluminum cans must be washed clean. Aluminum cans shall be placed in separate containers. Tin cans shall be placed in separate containers.

(4) Corrugated cardboard must be flattened and tied with twine. The use of tape, pantyhose, yarn or any other form of securing bundles is not acceptable. Shiny or waxed corrugated cardboard, cereal boxes, noncorrugated cardboard of all types and similar materials are not recyclable and are not acceptable.

C. 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 Ilion or its authorized collection agent. It shall be a violation of this chapter for any person, without authority from the Village of Ilion, 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 (1) or more premises shall constitute a separate and distinct offense in violation of this Article, and any person violating this Article shall be subject to the penalties prescribed in Article III hereof.

§ 135-16. Large items

A. Large items. Large trash items that are too large to be placed in the distinctively labeled garbage bags may be disposed of by calling the Sanitation Department for special handling. The Sanitation Department may provide a dumpster for loading by the resident. The resident shall pay the established fee to the village based upon the current compacted cubic yard rate plus the necessary pick-up costs of the village.

B. Large items not requiring a dumpster. Large items that do not require the use of a dumpster, such as large appliances, furniture, etc., may be removed in one (1) of the following manners:

(1) By calling the Department of Public Works to request a time and date for removal. A disposal and handling fee will be charged based on the current fees as established by the Superintendent of the Department of Public Works for the particular item.

(2) By contracting with a private contractor for the disposal and/or removal of such item.

(3) By transporting the item directly to the Department of Public Works Village Barn located on East Street on the last Saturday of each month between the hours of 8:00 a.m. and 1 p.m. and paying the current disposal fee as set by the Superintendent of the Department of Public Works.

§ 135-17. Leaves, branches, grass and garden clippings

Leaves, branches, grass and garden clippings are deemed to be recyclable items. They are not to be placed in the distinctively labeled garbage bags. Branches shall be cut into four (4) foot lengths and tied in bundles. All other items enumerated in this section shall be placed in a container. The village shall continue to pick up all items enumerated in this section at no charge to the residents.

§ 135-18. Hazardous materials

No hazardous waste 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.

§ 135-19. Tires

A. Automobile and truck tires and the like shall not be collected with the garbage and trash pickup.

B. Any resident wishing to dispose of such tires may deliver such tires to the Village Barn on the days and times designated by the Superintendent of Public Works and shall pay the current tire disposal fee to the Clerk of the Department of Public Works at the time the tires are delivered.

C. Large handlers of such tires may make special arrangements with the village for pickup by the designated tire recycler of the village. Such large handlers shall pay the established rate for disposal at the time of pickup.

§ 135-20. Dumpsters

A. The Village Sanitation Department shall not pick up from dumpsters other than those owned by the village. Any person wishing to use a dumpster must provide for removal therefrom at the owner's expense either by himself or herself or by private contractor, in compliance with the provisions of this chapter.

B. Upon request, the Village Sanitation Department will pick up dumpsters owned by businesses, schools and apartment building owners that are the property of the Village of Ilion. Collection and disposal fees shall be established as set forth in .§ 135-14 of this chapter.