Brocton has passed new garbage law

BROCTON – Brocton village leaders have adopted a number of new laws recently.

Board members resolved to adopt Local Law 1 of 2013 for Brocton concerning garbage and garbage containers/dumpsters.

According to Village Clerk Karen Ardillo, two members of the village community were in attendance recently to inquire how the law would affect residents, and specifically landlords.

The law defines a “container” as a permanent container, including a dumpster or garbage tote made for household or business waste or for green waste, of sufficient strength to prevent breaking or leaking and should not contain a disposable plastic bag of any type.

The law calls for property owners, or tenants to maintain suitable and sufficient tote containers for all garbage/refuse that may accumulate. All refuse for regular collection, other than recyclable materials or yard waste, must be placed inside a tote container and be secured. Refuse that exceeds two regular refuse totes on a regular basis weekly should be secured in an additional transfer container.

The law calls for yard waste to be secured in a bushel basket or other similar type container. It shouldn’t weigh more than 65 pounds once full.

Properly secured refuse should be placed curbside after 6 p.m. of the previous collection day and should be removed before 10 p.m. on the day of collection or pickup.

The law defines “curbside” as the grass area at the curb or pavement line immediately adjacent to the street but shall not include any paved portion of said street.

Of interest to landlords in the community, are specifics that state “the owner of the property and/or tenant is not permitted to allow the tote to overflow; no solid waste shall be placed on top of, next to or around the container.” It further states “every owner of the property shall supply an adequate number of tote containers for the safe storage and/or disposal of garbage and non-recyclable waste material, refuse and rubbish as may be required by the occupants of the property.”

Violation of the law will be punishable by written warning and subsequent fines enforced by Brocton’s Code Enforcement Officer.

The board has discussed this law during previous public board meetings in an effort to keep the village free and clear of accumulated refuse and resolve any complaints between neighboring property owners concerning accumulation of refuse. Village Attorney Sam Drayo has given input into the formation of the law.

With the law voted on unanimously by the board members Wednesday, it will officially take effect once it’s officially filed with the Secretary of State for the State of New York. Anyone with questions concerning the law may contact Village Hall and/or the Code Enforcement Office for the Village.