Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 6-16-2014 by L.L. No. 12-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 118.
Littering — See Ch. 143.
Water — See Ch. 217.
[1]
Editor's Note: This local law also superseded former Ch. 178, Solid Waste, comprised of Art. I, Garbage and Rubbish, adopted 11-5-1956, as amended, Art. II, Recycling of Newspapers, adopted 11-16-1987 by L.L. No. 4-1987, and Art. III, Leaf Collection, adopted 9-18-2006 by L.L. No. 2-2006.

§ 178-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CURBSIDE
A location on one's own property that is adjacent to the street but not on the street.
DEPARTMENT OF PUBLIC WORKS or DEPARTMENT
Department of Public Works of the Village of Irvington.
GARBAGE
Refuse or other nonhazardous waste materials common to ordinary household, institutional or business use, but not including recyclables or organic yard waste, and not including the following: cell phones; fluorescent light bulbs; loose ashes from fireplaces, barbecues or wood-burning stoves; tree trunks, stumps, or limbs in excess of four feet in length or weighing more than 50 pounds; construction and home renovation debris; highly combustible materials; cartridges, shells, and ammunition; explosives; toxic materials; propane gas tanks; trade waste; cleaning and dyeing establishment waste; commercial meat waste; and auto parts, including batteries. Notwithstanding the above, diseased or invasive plants may be disposed of as garbage.
MULTIFAMILY DWELLING
A building containing more than two dwelling units.
RECYCLABLES
Materials defined as such by the Westchester County Source Separation Law.
SANITATION AND RECYCLING RULES AND REGULATIONS
The list of rules and regulations promulgated by the Department of Public Works and bearing that title.
VILLAGE
Village of Irvington.
YARD WASTE
Garden debris, flowers, cut grass, sweepings, leaves, rakings, clippings, small branches, such as annual growth from hedges, bushes and shrubbery.

§ 178-2 Collection.

A. 
Garbage, recyclables and yard waste will be collected by the Department of Public Works at such regularly scheduled pickup times and hours as may be provided from time to time by the Department, provided that such materials are disposed of in compliance with this chapter and the Sanitation and Recycling Rules and Regulations promulgated by the Department of Public Works.
B. 
The Department shall not be required to remove more than three containers per family or commercial establishment at any one regularly scheduled pickup time from any premises nor remove any single object or container weighing more than 75 pounds.

§ 178-3 Containers for multifamily dwellings.

A. 
Containers and/or dumpsters used by multifamily dwellings shall be located in enclosures that shall screen the containers and/or dumpsters from view. Such enclosures:
(1) 
Shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed. Such gates shall remain closed when not in use.
(2) 
May be constructed of other material with the approval of the Village of Irvington Architectural Review Board.
(3) 
Shall have a height of the greater of five feet or 12 inches higher than the containers that they enclose.
(4) 
Shall be maintained in good repair always.
B. 
Prior to construction of any enclosure, a permit must be obtained from the Irvington Building Department. If the Department of Public Works provides collection services for the building, the Building Department shall not issue a permit without obtaining the approval of the Department of Public Works.
C. 
The owner of any building which, prior to the effective date of this article, has an enclosure to house all the containers that are required to be enclosed hereunder shall not be required to erect a new enclosure even if the existing enclosure does not meet all of the specific requirements of this chapter, provided that the existing enclosure does screen the containers from view. If an existing enclosure that meets the specific requirements of this chapter is repaired or replaced, it must be done so in accordance with the new standard stated in this chapter.

§ 178-4 Nonconforming waste.

The Department of Public Works will not pick up any waste materials not permitted under, or not disposed of in accordance with, the Sanitation and Recycling Rules and Regulations.

§ 178-5 Putting containers out and removing empty containers.

A. 
All containers containing garbage, recyclables, or yard waste must be placed curbside. This section shall not apply to dumpsters and containers for multifamily buildings.
B. 
Containers containing garbage, recyclables, or yard waste shall be put out for collection by the Department before 7:00 a.m. on the day of regularly scheduled pickup, but not earlier than 6:00 p.m. on the day before pickup.
C. 
All containers, after being emptied, shall be removed from the curbline before sundown on the day of collection.

§ 178-6 Yard waste.

A. 
In no case can yard waste be placed in a public or private road, near trees, signs, fire hydrants, fences or any other public or privately owned obstruction.
B. 
Yard waste, including leaves, may not be burned in the Village.
C. 
The location of yard waste shall create a rebuttable presumption that the landowner, lessee or management agent of the premises most closely abutting the yard waste placed, directed, suffered or permitted the waste to be placed in that location.

§ 178-7 Violation of Sanitation and Recycling Rules and Regulations.

Any failure to comply with the Sanitation and Recycling Rules and Regulations promulgated by the Irvington Department of Public Works shall be a violation of this chapter and may be enforced as provided in this chapter.

§ 178-8 Trash receptacles on public property.

Wire baskets and trash receptacles placed on public property by the Department of Public Works are intended as receptacles for the deposit of small items of garbage or recyclables by pedestrians. These receptacles shall not be used for the disposal of refuse generated by households, businesses or institutions.

§ 178-9 Private carters; transfer from one vehicle to another.

Private carters and contractors shall not transfer or remove garbage, recycling, yard waste or any other waste material from one vehicle to another upon any Village street or public place.

§ 178-10 Unauthorized dumps; accumulation or scattering of rubbish.

It shall be unlawful for any person, firm or corporation within the Village to maintain any dump or permit the dumping of garbage, boxes, cartons, automobile parts, except as may be provided in the Zoning Ordinance, or permit the accumulation or scattering of any kind of garbage, debris or waste material of any sort, on or about any lawn, vacant lot, alley, backyard or in any building, structure, culvert or stream in the Village of Irvington or to throw or cause to be thrown or deposited any such junk, garbage, debris or waste material of any sort at any place in the Village.

§ 178-11 Compostable waste.

Nothing in this chapter shall be construed as preventing any person from utilizing self-generated vegetative yard waste and self-generated vegetative household waste for compost, mulch or other agricultural, horticultural, gardening or landscaping purposes. Any such waste shall be composted or used in a manner not to endanger public health, safety and welfare.

§ 178-12 Enforcement; penalties for offenses.

A. 
The provisions of this chapter shall be enforced by the Superintendent of Public Works or his/her designee.
B. 
Any person, firm or corporation violating any provisions of this chapter shall be liable to a fine of up to $500 for each offense, plus any costs the Village may incur in remedying an unsafe situation.