[HISTORY: Adopted by the Board of Trustees
of the Village of Poquott as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-13-1931 as Ordinance 4 of the
1931 Village Ordinances; amended by L.L. No. 6-1983]
[Amended 4-25-2013 by L.L. No. 3-2013]
No person shall deposit any ashes, litter, rubbish, solid waste,
vegetative yard waste, garbage, glass, cans, cardboard, hazardous
materials, hazardous waste, newspaper, and/or paper on any public
highway or other public place within the Village of Poquott, in any
manner whatsoever.
No person shall throw or deposit litter on any
private property within the Village, whether owned by such person
or not, except that the owner or person in control of private property
may maintain authorized private receptacles in such a manner that
litter will be prevented from being carried or deposited by the elements
upon any street, sidewalk, or other public place or upon any private
property, and may store not more than one unregistered motor vehicle
which if registered, could be registered as a motor vehicle, provided
that the same is stored in a suitable enclosed location inside a building
or behind a fence which suitably screens such unregistered motor vehicle
from view.
[Amended 4-25-2013 by L.L. No. 3-2013]
A.
LITTER
UNREGISTERED MOTOR VEHICLE
A. As used in this article, the following terms shall have the meanings
indicated:
Any solid or liquid material or product or combination of
solid or liquid materials or products, including, but not limited
to: any rubbish, refuse, garbage, solid waste, cardboard, paper, package,
container, glass, bottle, can, manure, sewage, hazardous materials,
hazardous waste, newspaper, or the whole or a part of an animal carcass
or, the whole or part of any article, raw or processed material.
Any motor vehicle not currently registered in the State of
New York or in any other competent jurisdiction. The failure to have
current license tags affixed to said vehicle shall be presumptive
evidence that such vehicle is not registered.
Any person found guilty of a violation of the
provisions of this article shall be punishable by a fine of not more
than $250, imprisonment for up to 15 days, or both, for each offense.
[Effective 4-1-1989]
This article shall be known as the "Village
of Poquott Recycling Law."
The Village Board of the Village of Poquott
finds that the reduction of the amount of solid waste and the conservation
of recyclable materials are important public concerns. The separation
and collection of newspaper, paper, cardboard, glass, cans, plastic
containers, vegetative yard waste and other materials for recycling
from the residences in the Village will protect and enhance the Village's
physical and visual environment as well as promote the health, safety,
and well being of persons and property within the Village by minimizing
the potential adverse effects of landfilling through reduction of
the need for landfills and conservation of existing landfill capacity,
facilitating the implementation and operation of other forms of solid
waste management, conserving natural resources, assisting the Village
of Poquott and the Town of Brookhaven in complying with the mandates
of the Long Island Landfill Law, codified in New York State Environmental
Conservation Law § 27-0704, ensuring conformance with the
New York State Solid Waste Management Plan, and facilitating the development
and implementation of a solid waste management plan for the Village.
The promotion and use of recyclable materials, goods produced from
recyclable materials, and goods which facilitate recycling will further
serve the same purposes by encouraging and facilitating recycling.
This article is adopted pursuant to § 10
of the Municipal Home Rule Law of the State of New York.
As used in this article, the following definitions
shall apply:
Containers comprised of aluminum, tin, steel, or a combination
thereof, which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping of containerized goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard.
Source separated, nonputrescible, noncontaminated recyclable
materials that have been placed in the same container.
The Commissioner of Waste Management.
Those recyclable materials designated by this article, and/or
by resolution of the Village Board pursuant to this article, to be
source separated. The term includes, but is not limited to, newspaper,
glass, paper, cardboard, cans, plastic containers and vegetative yard
waste.
The transportation, placement, or arrangement for transportation,
or placement of designated recyclable materials for all possible end
uses.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
A refuse and garbage district encompassing the Village of
Poquott established, consolidated or extended under Article 3-A, Article
12 and/or Article 12-A of the New York Town Law or such other laws
governing the establishment of improvement districts.
All clear (flint), green, and brown (amber) colored glass
containers, crystal, ceramics, and plate, window, laminated, or mirrored
glass, but shall not mean wired glass.
A solid waste, or a combination of solid wastes, which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness; or
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported or disposed of or otherwise managed. Such materials or
wastes shall include, but not be limited to, explosives, hazardous
radioactive materials, toxic substances and those substances which
the Commissioner has identified as a hazardous waste pursuant to the
above criteria and has included on the list of hazardous waste promulgated
by the Commissioner.
Includes newsprint and all newspapers, and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, office
paper, xerographic paper, mimeo paper, duplication paper, magazines,
paperback books, school paper, catalogs, junk mail, computer paper,
telephone books, and similar cellulosic material, but shall not mean
newspaper, wax paper, plastic or foil-coated paper, styrofoam, wax-coated
food and beverage containers, carbon paper, blueprint paper, food
contaminated paper, soiled paper, and cardboard.
Any individual, firm, partnership, company, cooperative enterprise,
corporation, association, joint venture, trust, municipality, other
governmental agency or any entity or group of such persons which is
recognized by law as the subject of rights and duties. In any provisions
of this article prescribing a fine, penalty, or imprisonment, the
term "person" shall include the officers, directors, partners, managers,
or persons in charge of the company, corporation or other legal entity
having officers, directors, partners, managers, or other persons in
charge.
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the Village Board may
designate, which contain or formerly contained only food and/or beverage
substances.
A material which would otherwise become solid waste, which
can be collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any process by which materials, which would otherwise become
solid waste, are collected, separated and/or processed, treated, reclaimed,
used or reused to produce a raw material or product.
Any facility designed and operated solely for the receiving
and storing of source-separated designated recyclable materials.
Any person residing within the Village on a temporary or
permanent basis.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, including, but not limited to, nonrecyclable
paper wrappings, cigarettes, wood, wires, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter, rubbish, ashes, contained gaseous material, incinerator residue,
construction and demolition debris, discarded automobiles and offal,
but not including designated recyclable materials, solid or dissolved
matter in domestic sewage or substances, materials in noncontainerized
gaseous form or hazardous materials or waste.
To separate recyclable material from the solid waste stream
at the point of waste generation.
The Town of Brookhaven located within the County of Suffolk,
State of New York.
The Town Board of the Town of Brookhaven.
Organic yard and garden waste, leaves, grass clippings and
brush.
The Village of Poquott located within the County of Suffolk,
State of New York.
The Village Board of the Village of Poquott.
A.
Upon the effective date of this article, there is
established within the Village a program (curbside Program) for the
separate collection of newspaper for all non-physically disabled residents
of the Village.
B.
Collection of newspaper pursuant to the Curbside Program
established by this section shall be made once each week. Collection
shall occur in accordance with a schedule advertised by the Village.
C.
Expanded Curbside Program.
(1)
The Village Board, by resolution, may expand the Curbside
Program to include, in addition to newspaper, the collection in separate
containers, bundles or packages, as appropriate, of one or more of
the following designated recyclable materials:
(2)
Said expanded Curbside Program shall be established
at all times 30 days after designation and publication of notice in
an official newspaper of the Village or a newspaper of general circulation
within the Village.
D.
Collection of designated recyclable materials added to the Curbside Program pursuant to Subsection C above shall be made in accordance with a schedule advertised by the Village.
E.
All residents of the Village within the area serviced by the Curbside Program established pursuant to this section shall, upon the applicable effective date, source separate newspaper and other designated recyclables and in the manner designated by the Commissioner pursuant to § 127-10 of this article and on the date specified for the collection by the schedule published by the Village, place them at the side of the road fronting their residences or at such other location at or near the residence agreeable to the person who is collecting such material.
All designated recyclables placed at the roadside, or other location by residents for collection pursuant to the Curbside Program established pursuant to § 127-9 of this article, shall be prepared for collection in accordance with regulations promulgated by the Commissioner.
Nothing in this article shall be construed as
preventing any person from utilizing vegetative yard waste for compost,
mulch, or other agricultural, horticultural, silvicultural, gardening
or landscaping purposes.
The Commissioner of Waste Management is authorized
to enforce the provisions of this article and to administer the recycling
programs established herein. The Village Board may adopt and promulgate,
amend and repeal rules and regulations implementing this article in
order to carry out and enforce the intent and purposes thereof.
A.
It shall be unlawful for:
(1)
Any person, other than those persons so authorized,
to collect any designated recyclable which has been placed at the
roadside for collection or within a recycling collection area pursuant
to this article;
(2)
Any person to violate or to cause or to assist in
the violation of any provision of this article or any implementing
rule or regulation promulgated of the Commissioner of Waste Management;
(3)
Any person to place or to cause to be placed any material
other than a designated recyclable in or near a recycling collection
area;
(4)
Any person to hinder, obstruct, prevent or interfere
with this Village or any other authorized persons in the performance
of any duty under this article or in the enforcement of this article.
B.
An unlawful conduct set forth in this section shall
constitute a violation.
The Village or any other person collecting solid
waste generated within this Village may refuse to collect solid waste
from any person who has clearly failed to source separate recyclables
designated under an applicable section of this article, and the Village
may refuse to accept solid waste containing recyclables designated
under the applicable section of this article at any solid waste disposal
facility owned or operated by the Village or Town.
Nothing contained in this article shall be construed
to interfere with or in any way modify the provisions of any existing
contract in force in the Village on the effective date of this article.
A.
Any person who engages in unlawful conduct as defined
in this article may, upon conviction thereof, in a proceeding before
a court of competent jurisdiction be sentenced to imprisonment for
a term not to exceed 15 days or to a term of community service related
to the purposes of this article or pay a fine of not more than $250
and not less than $25, or any combination of the above penalties.
B.
Each continuing day of violation of this article shall
constitute a separate offense.
A.
In addition to any other remedy provided in this article,
the Village or Town may institute a suit in equity where unlawful
conduct exists as defined in this article for an injunction to restrain
a violation of this article.
B.
The penalties and remedies prescribed by this article
shall be deemed concurrent. The existence or exercise or any remedy
shall not prevent the Village or the Town from exercising any other
remedy provided by this article or otherwise provided by law or equity.
The terms and provisions of this article are
to be liberally construed, so as best to achieve and effectuate the
goals and purposes hereof.
This article shall become effective April 1,
1989.
