[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.]
[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Editor's Note: This local law also superseded former Ch. 178,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.
As used in this chapter, the following terms shall have the
meanings indicated:
Material too large to be placed in thirty-two-gallon waste
collection containers, such as furniture.
[Added 9-18-2017 by L.L.
No. 9-2017]
A location on one's own property that is adjacent to
the street but not on the street.
Department of Public Works of the Village of Irvington.
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.
A building containing more than two dwelling units.
Materials defined as such by the Westchester County Source
Separation Law.
The list of rules and regulations promulgated by the Department
of Public Works and bearing that title.
Village of Irvington.
Garden debris, flowers, cut grass, sweepings, leaves, rakings,
clippings, small branches, such as annual growth from hedges, bushes
and shrubbery.
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.
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.
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.
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.
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.
[Added 9-18-2017 by L.L.
No. 9-2017[1]]
A fee in an amount fixed by resolution of the Board of Trustees
shall be charged for the collection of bulk waste.
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.
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.
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.
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.
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.
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.
