[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 5-12-1992 as L.L. No. 1-1992. Amendments noted where applicable.]
A clean, wholesome and attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village of Kiryas Joel. The purpose of this chapter is to regulate garbage, rubbish and refuse collection and disposal to establish village standards for collection of waste and recyclables.
A. 
For purposes of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it it apparent from the context that a different meaning is intended. When not inconsistent with the context, the present tense shall include the future, and words used in the plural shall include the singular, and vice versa.
B. 
As used in this chapter, the following terms shall have the meanings indicated.
ASHES
The soft solid residue of combustion or any residue from the burning of any material.
BULK WASTE
An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
CARDBOARD
A thick paperboard made of paper pulp, including but not limited to corrugated boxes, cardboard cartons, pasteboard and similar corrugated materials.
GARBAGE
Any animal or vegetable refuse or waste matter capable of fermentation or decay. Without limitation, "garbage" shall include normal, usual kitchen and household waste primarily from perishable or disposable items such as leftover food matter; food packaging and containers, including cans, bottles and magazines; dishes, pots, pans, glass, bottles and crockery and small household appliances.
HAZARDOUS SUBSTANCE
Any material, natural or manufactured, which by itself or in concentration with other like or dissimilar material will contaminate to environmentally unsafe levels the atmosphere, soil or water, whether above or below the ground.
MULTIRESIDENTIAL PREMISES
A building or parcel of land having three or more dwelling units.
NEWSPAPERS
A product printed on newsprint, including all newspapers, newspaper advertisements and comics.
OCCUPANT
A person occupying or using.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
RECYCLABLES
Discarded material which may be reclaimed, comprising solid waste consisting of newspapers, glass bottles and jars and metal food and beverage cans, plastics and such other materials as designated by resolution of the Village Board of Trustees.
RECYCLING CENTER
Any combination of structure, machinery and facilities used for the off-loading of recyclables and the reloading of recyclables into vehicles for disposal and/or marketing.
REFUSE
See "rubbish."
RESIDENCE
A building or parcel of land having less than three dwelling units.
RESIDENT
A person residing in a residence.
RUBBISH
Discarded material, including paper boxes, bottles, tin cans, papers, rags, shoes, metal, rubber and wooden scrap and other material of the same general nature.
SOLID WASTE
Materials or substances discharged, discarded or rejected as being spent, useless, worthless or in excess by the owner at the time of such discard or rejection, except sewage and other highly diluted water-carried materials or substances and those in gaseous form. Such waste shall include, but is not limited to, garbage, sludge, rubbish, refuse, trash, ashes, incinerator residue, street cleanings, dead animals, offal, abandoned vehicles, agricultural waste, industrial waste, commercial waste and construction and demolition debris.
TRASH
See "rubbish."
No person shall throw, dump, abandon, discard or cause to be thrown, dumped, abandoned or discarded any solid waste materials upon any public property or private property within the village.
A. 
No person shall accumulate, keep, store, dump, leave, burn, bury or otherwise dispose of any solid waste in such an amount or kind and in such a manner as to permit, allow or suffer the same to become an attraction to or habitat for vermin or a breeding place for flies or to emit an unwholesome, noisome and noxious odor, vapor, gas or smoke which escapes from the building or premises where such solid waste is being or has been so treated or disposed of to a highway or any other public place or to the premises of any other person or persons. Such activities are hereby prohibited in the village, and any such condition shall be deemed to be a public nuisance and annoyance and damaging to the comfort, repose, health or safety of the inhabitants of said village.
B. 
No person having custody or control of premises within the village shall permit or cause any garbage, rubbish or other refuse, including recyclables, within his control, to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
It shall be the obligation of each property owner and occupant to collect, store and dispose of all solid waste in a neat, safe and sanitary manner.
The Board of Trustees may require property owners and occupants of properties in the village, or classes thereof, to utilize village-provided, contracted or franchised collection and carting services.
A. 
All persons shall keep solid waste and recyclables in closed, sanitary, clean, leakproof metal and/or plastic containers. Garbage containers shall be of such size and number as to provide adequate storage and shall be cleaned when necessary. Solid waste and recyclables shall be segregated and kept in separate containers, and recyclables shall be further separated as required by regulations adopted pursuant to this chapter or otherwise adopted by a governmental authority.
B. 
All containers at curbside for collection shall be kept in a neat and orderly manner.
C. 
Outside storage of bulk waste containers shall be in a neatly constructed enclosure.
A. 
Property owners and occupants shall further be responsible for cleaning up any spilled waste, whether due to accidents, animals, vandalism or any other cause, within 12 hours of that spill.
B. 
Empty barrels, cans, containers and/or receptacles shall be removed from the roadside and brought to their storage location within 12 hours of pickup.
To control odor, insects and disease, property owners and occupants shall maintain a program of solid waste removal at least weekly or such that no more than 300 pounds of solid waste ever accumulate.
Nothing in this chapter shall be construed as preventing any person from utilizing vegetative yard waste for compost, mulch or other agricultural, horticultural, silvicultural, gardening or landscaping purposes.
A. 
No person shall deposit or dispose of any hazardous or toxic waste in garbage and/or refuse collected or to be collected by any village-provided, contracted or franchised collection and carting service.
B. 
Every property owner or occupant who generates hazardous or toxic waste through a manufacturing, commercial or industrial process or for commercial purposes, and every carter who collects the same for transport, storage or disposal, shall notify the Village Clerk within 10 days of said collection and identify in writing the name of the waste generator, the type of waste(s), the quantity or amount of waste by type, the date of collection and the name of the carter. No person shall accumulate, store, dump, leave, burn, bury or otherwise dispose of any such wastes in the village.
A. 
The Board of Trustees is hereby authorized to establish a village department for collection and carting of garbage and refuse or to contract for, or to grant licenses or franchises for such collection and carting.
B. 
The Board of Trustees is hereby authorized to promulgate by resolution such rules and regulations as may be necessary or advisable for the carrying out the purposes of this chapter. Such rules and regulation may, without limitation, provide for:
(1) 
Fees, assessments and/or taxes and the time and manner of collection thereof, together with penalties and administrative fees for late payment.
(2) 
The time, place and manner of collection of such garbage and refuse.
(3) 
Classification of wastes.
(4) 
Designation of service areas.
(5) 
Establishment of property classes for service.
(6) 
Required utilization of service by designated property owners and occupants.
(7) 
Limitations on the amount of garbage and refuse disposed and surcharges for disposal of materials in excess of such amounts.
(8) 
Qualifications for collectors and carters of garbage and refuse.
(9) 
The time, place and manner of bulk pickup.
(10) 
Such other matters as are reasonably necessary to effectuate the purposes of this chapter.
C. 
Any fees which may be imposed pursuant hereto shall constitute a lien on the real property served by the garbage and refuse collection and carting services. The lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge imposed by or for the state or a political subdivision or district thereof.
D. 
The payment of fees, together with applicable penalties and administrative costs, by the owner of property shall be deemed a required improvement for such property in the interest of public safety, health, comfort and general welfare. Pursuant to Village Law § 4-414, such fees shall be assessed, levied and collected in the same manner as provided for special assessments pursuant to Village Law § 5-518.
A. 
A resource recovery system for the mandatory separation of recyclables from garbage and refuse within the village is necessary to reduce the amount of solid waste generated and assure that solid waste is disposed of in the most economical and environmentally acceptable manner.
B. 
The Board of Trustees hereby finds that the mandatory recycling of certain waste materials is imperative to further the general health, safety and welfare of the village and its residents. The Board finds that the most effective means of regulating the recycling process is by adoption of regulations by resolution of the Board of Trustees.
The Board of Trustees is empowered to promulgate and establish by resolution rules and regulations implementing the mandatory separation of recyclables established by this chapter. Until regulations are adopted by the Board of Trustees, all laws and regulations adopted by the County of Orange with respect to recycling shall govern recycling in the village. Violations of such regulations shall be deemed a violation of this provision.
A. 
The recycling of certain materials, which materials shall be specified by resolution of the Board of Trustees, is hereby required.
B. 
All recyclables shall be placed in waste receptacles for collection removal and disposal.
C. 
Recyclables shall not be placed in the same waste receptacle or garbage can or otherwise mixed or combined with other forms of solid waste for collection, removal or disposal.
D. 
The Board of Trustees is empowered to designate the schedule for collection removal and disposal of recyclables. Recyclables shall not be collected, removed or disposed of other than in conformance with the schedule established by the Board of Trustees.
E. 
No person having custody or control of premises within the village shall permit or cause any garbage, rubbish or other refuse, including recyclables, within his control, to become a hazard or potential hazard to public travel, health or safety or to become a nuisance of any sort.
The owner, manager and superintendent of every multiresidential complex shall provide and maintain, in a neat and sanitary condition, recycling collection area or areas to receive newspaper and other designated recyclables which are generated by residents of the complex. In cases where a condominium cooperative, homeowner or similar association exists, the association shall be responsible for provision and maintenance of the recycling collection areas. Said recycling collection areas shall be constructed and capable of receiving recyclables within 30 days of the enactment of this chapter.
A. 
Any person who commits, causes, permits or allows to permit any violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and shall also be liable for any such violation and the penalty therefor.
B. 
For every violation of any provision of this chapter except such provisions which specify a fine, the person shall be subject to a fine of not more than $250 or to imprisonment not exceeding 15 days, or to both such fine and imprisonment, and, in addition, any license or permit issued pursuant to this chapter may be revoked.
C. 
In addition to the above-provided penalties and punishment, the Village Board may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.
D. 
Each day that a violation continues to exist shall be deemed a separate offense.
The village is authorized to enforce the provisions of this chapter and to promulgate, amend and repeal rules and regulations implementing this chapter in order to carry out and enforce the intent and purposes thereof, and revise by resolution any rule or regulation to conform to upgraded standards.