Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 60 of the 1968 Code of the Village of Lindenhurst. Sections 97-3, 97-4, 97-5B, 97-11A(2), 97-11A(3), 97-12A, 97-15B(2) and C, 97-16D and 97-18 amended and §§ 97-5A(3) and 97-10E added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 43.
Littering — See Ch. 108.

§ 97-1 Findings.

Because in the Incorporated Village of Lindenhurst there are, and may in the future be, refuse storage, collection and disposal practices which are unsafe, dangerous, unhygienic or unsanitary as to constitute a menace to the health and safety of the residents of this village, it is imperative and urgent for the preservation of public health and safety that proper and adequate regulations be adopted controlling the storage, collection and disposal of refuse in the Incorporated Village of Lindenhurst.

§ 97-2 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
DEPARTMENT OF PUBLIC WORKS
The refuse collection and disposal department of the Incorporated Village of Lindenhurst.
GARBAGE
Animal, vegetable, fruit or similar organic wastes liable to become putrid, including wastes resulting from the handling, preparation, cooking or storage of foods, inorganic wastes such as tin cans and bottles that have contained food materials and dead animals.
PREMISES
Land, buildings or other structures, vehicles, watercraft or parts thereof upon or in which refuse is stored.
REFUSE
All solid wastes, including garbage, ashes and rubbish, but not including human body wastes.
RUBBISH
All other solids other than ashes and garbage and consisting of paper, cardboard, grass clippings, leaves, tree trimmings, wood, glass, metals, crockery, porcelain and similar materials.

§ 97-3 Department of Public Works; duties and powers of Superintendent of Public Works.

[Amended 6-16-1992 by L.L. No. 2-1992]
There is hereby created a Department of Public Works which shall be under the supervision and control of the Superintendent of Public Works. The Superintendent of Public Works shall have the responsibility for the collection and disposal of refuse by the Department of Public Works. The Superintendent of Public Works is hereby empowered to make and publish regulations implementing this chapter concerning such matters as the days for collection of garbage, ashes and rubbish, the location of refuse containers and all other matters relating to the storage, collection and disposal of refuse which he deems advisable, provided that such regulations are not contrary to the provisions of this chapter and shall have the prior approval of the Board of Trustees.

§ 97-4 Responsibilities of owner or occupant.

[Amended 10-2-1990 by L.L. No. 9-1990; 6-16-1992 by L.L. No. 2-1992]
A. 
The owner, the agent and the occupant of any premises within the Incorporated Village of Lindenhurst shall be responsible for the sanitary condition of the premises owned or occupied by him, and it shall be unlawful for any person to place, deposit, store or allow to be placed, deposited or stored any refuse, on his premises, except in accordance with the provisions of this chapter.
B. 
The owner, the agent and the occupant of any premises within the Incorporated Village of Lindenhurst shall be responsible for the cleanliness of the sidewalk in front of and/or adjoining his premises, and it shall be unlawful for any person to place, deposit, store or allow to be placed, deposited or stored any refuse on or in any sidewalk except in containers for such purpose approved by the Superintendent of Public Works or to allow any refuse to remain placed, deposited or stored upon the sidewalk in front of and/or adjoining his premises except in such containers and in compliance with § 97-4F. Notwithstanding the foregoing provisions of this subsection, it shall be lawful for the owner or his agent or the occupant of any premises to place, deposit or store leaves in trash bags in front of the subject premises and allow such leaves to remain placed, deposited or stored for collection by the Superintendent of Public Works, except as prohibited.
C. 
The owner, the agent and the occupant of any premises used for business or commercial purposes within the Incorporated Village of Lindenhurst shall sweep clean the sidewalk in front of and/or adjoining his premises before 10:00 a.m. each day, except Sundays and legal holidays.
D. 
No person shall place, deposit or store any refuse on or in any street, highway, avenue, drain, ditch, watercourse or body of water or other public place within the Incorporated Village of Lindenhurst except in containers approved for such purpose by the Superintendent of Public Works and in no event upon the premises of another except with the consent of the owner or occupant thereof.
E. 
Any owner, the agent and the occupant responsible for refuse on premises not served by the Department of Public Works or for refuse not acceptable for collection by the Department of Public Works shall make suitable arrangements for the collection and disposal of such refuse.
F. 
The owner, the agent and the occupant of any premises within the Incorporated Village of Lindenhurst shall be responsible for the removal and storage of refuse containers or receptacles, and it shall be unlawful for any person to allow said refuse containers or receptacles to be placed in front of the premises before 7:00 p.m. of the evening preceding collection or to remain in front of the premises more than 12 hours after collection. All containers shall be placed curbside.

§ 97-5 Storage and separation of refuse.

A. 
All refuse on premises served by the Department of Public Works shall be separated and stored in the following containers:
(1) 
Garbage shall be drained and stored in durable, rust-resisting, nonabsorbent, watertight and easily washable containers, which shall have close-fitting covers and adequate handles or bails to facilitate collection, and which shall be not less than 10 gallons nor more than 30 gallons in capacity.
(2) 
Ashes shall be stored in fire-resistant containers with close-fitting covers. Such containers shall be equipped with adequate handles to facilitate collection and shall be not greater than 20 gallons in capacity. Ashes containing hot embers shall not be placed in containers for collection.
(3) 
Rubbish shall be stored in durable containers with close-fitting covers, except that bulky rubbish, such as tree trimmings, newspapers and collapsed boxes and crates, may be compactly and securely tied and bundled so as to be easily handled and not likely to be scattered, but not to exceed three feet in length and not more than 50 pounds in weight, and when so tied and bundled may be stored beside the containers.
(4) 
Recycling containers as provided by the village shall be used solely for the purpose of containing and storing recyclable materials as noticed by the village.[1]
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Security refuse containers.[2]
(1) 
Refuse on premises not served by the Village of Lindenhurst Department of Public Works shall be stored in suitable containers approved by the Superintendent of Public Works.
(2) 
All such containers shall have a close-fitting cover which shall be closed at all times.
(3) 
Dumpster refuse containers shall be enclosed by a six-foot high cyclone fence with self-closing and locking gates. The fence shall be provided with metal privacy slats on all sides for its entire height.
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
C. 
Refuse containers on all premises shall be kept covered at all times except while refuse is actually being placed or deposited in such containers, and it shall be unlawful for any person to in any manner disturb such containers or to remove the covers or the contents from such refuse containers except in accordance with the provisions of this chapter.[3]
[3]
Editor's Note: Original Subsection D, dealing with compost piles, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 97-6 Maintenance of containers.

Refuse containers shall be maintained free from odor and in clean and good condition by the owner thereof. In the event that a container on premises served by the Department of Public Works becomes dangerous or is liable to injure or hinder the person collecting the contents thereof, said container shall be replaced by the owner thereof with a proper and safe container within one week after the receipt of a written notice from the Superintendent of Public Works.

§ 97-7 Right of entry; notice required.

The Superintendent of Public Works or any other person authorized by the Board of Trustees shall have the power to enter, at reasonable times, upon the premises for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter. However, the Superintendent shall give the owner of the premises notice, in writing, at least three days before, of his intention to so inspect the premises.

§ 97-8 Collection by village.

The Department of Public Works shall collect and dispose of all refuse acceptable for collection from all single-family and multifamily dwellings occupied exclusively for residential purposes by not more than five families living independently of each other, including but not limited to apartment houses and dwellings in which not more than four persons are lodged without meals by any one family. Every owner or occupant of such premises is hereby required to make use of the refuse collection and disposal system provided by the Incorporated Village of Lindenhurst.

§ 97-9 Placement for collection.

All refuse to be collected by the Department of Public Works shall be placed, deposited or stored on the ground level in one easily accessible location within five feet of the street line of the premises, and the path thereto shall be kept free of snow, ice or any other obstruction or hazard. The Department of Public Works shall not enter any building or structure to collect refuse nor enter any premises which will expose any person collecting refuse to any unnecessary danger or hazard.

§ 97-10 Refuse not acceptable for collection.

The following refuse shall not be considered acceptable for collection by the Department of Public Works:
A. 
Materials resulting from the repair, construction, alteration or excavation of buildings or structures, streets or sidewalks, such as earth, plaster, mortar, concrete, bricks, lath and roofing materials.
B. 
Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives.
C. 
Materials which have not been prepared in accordance with the provisions of this chapter.
D. 
Solid wastes resulting from industrial processes.
E. Any materials not acceptable to the ultimate collection agent.[Added 6-16-1992 by L.L. No. 2-1992]

§ 97-11 Frequency of collection.

A. 
All refuse shall be collected by the Department of Public Works according to the following schedule:
(1) 
Garbage: twice each week.
(2) 
Recyclable materials: once each week.
[Amended 6-16-1992 by L.L. No. 2-1992]
(3) 
Rubbish: upon appointment with the Department of Public Works.
[Amended 6-16-1992 by L.L. No. 2-1992]
B. 
No collections shall be made on legal holidays, and the weekly collection schedule shall be reduced accordingly by reason of such holidays.

§ 97-12 Service charges.

A. 
The charge for the collection and disposal of refuse by the Department of Public Works shall be set by resolution of the Board of Trustees from time to time.
[Amended 1-4-1972 by L.L. No. 1-1972; 1-14-1975 by L.L. No. 1-1975; 1-6-1976 by L.L. No. 4-1976; 12-18-1979 by L.L. No. 11-1979; 12-8-1981 by L.L. No. 14-1981; 1-7-1985 by L.L. No. 1-1985; 12-30-1985 by L.L. No. 12-1985; 1-8-1987 by L.L. No. 1-1987; 1-5-1988 by L.L. No. 1-1988; 1-10-1989 by L.L. No. 1-1989; 2-5-1991 by L.L. No. 1-1991; 6-16-1992 by L.L. No. 2-1992]
B. 
Refuse service charges shall be due and payable annually, in advance, regardless of occupancy of the premises, on the first day of March in each year.
[Amended 6-16-1992 by L.L. No. 2-1992]
C. 
The charge for any premises within the scope of § 97-8 of this chapter for which a certificate of occupancy is issued after the effective date of this chapter shall be prorated for the period commencing from the first day of the month following the issuance of the certificate of occupancy to the last day of the following February.
D. 
Refuse service charges shall be billed to the owners of the premises and shall be made payable at the office of the Village Administrator Clerk and/or Receiver of Taxes.
[Amended 6-16-1992 by L.L. No. 2-1992]
E. 
Fees in arrears.
[Added 5-4-1993 by L.L. No. 5-1993]
(1) 
All unpaid fees or charges for municipal or municipally contracted solid waste collection and/or disposal services imposed on or after the effective date of this subsection, including penalties or interest, not paid by April 1 of each year shall be added to the annual village tax levy.
(2) 
The Board of Trustees shall annually cause a statement to be prepared setting forth each amount of solid waste disposal and/or collection fees in arrears as of 30 days prior to the last date prescribed by law for the annexation of the warrant to the assessment roll, a brief description of the property for which or in connection with which such solid waste services were provided and the name and address of the person or corporation liable to pay such amount. Such statement shall be presented to the Board of Trustees, which shall levy such amounts remaining unpaid on the date taxes are levied against the real property for which or in connection with which such solid waste services were provided.

§ 97-13 Penalty for delinquent payment.

In the event that the refuse service charge bill is not paid within one month from the date it is due and payable, then a penalty charge shall be added to the bill. Said penalty shall be at the same rate as that established by New York State law for penalties on delinquent village property taxes.

§ 97-14 Lien of refuse service charges.

All refuse service charges, penalties and interest thereon shall be a lien upon the real property benefited by the refuse collection and disposal service from the date that the refuse service charge is due and payable, and such lien shall be prior and superior to every other lien or claim, except the lien of existing tax or local assessment. The Board of Trustees may certify to the Village Administrator Clerk and/or the Receiver of Taxes the amount of any such lien which has not been paid at the time and in the manner prescribed by such Board with a description of the real property affected thereby, and the Board of Trustees may include such amount in the annual tax levy and shall levy the same upon the real property in default.

§ 97-15 License required; application; fee.

A. 
No person shall engage in the business of refuse collection and/or disposal within the Incorporated Village of Lindenhurst without first obtaining an annual license therefor.
B. 
Applications.
(1) 
Each applicant for a license to collect and/or dispose of refuse shall set forth in a sworn statement, in addition to any other information required by any other applicable ordinance, the following information:
(a) 
The number, model, year of manufacture and license of his vehicles.
(b) 
The place where the vehicles will be stored and garaged while not in use.
(c) 
The place where the applicant will dispose of the refuse collected and the manner of disposal.
(d) 
Proof of financial responsibility in the event of damage to persons or property by reason of the negligent operation of his vehicle.
(2) 
Each application for a license shall be accompanied by a fee as established by resolution of the Village Board of Trustees.
[Added 12-19-1989 by L.L. No. 9-1989; amended 6-16-1992 by L.L. No. 2-1992; 9-21-1999 by L.L. No. 2-1999]
C. 
The license fee hereunder for any year or fraction thereof shall be $100 per vehicle.
[Amended 12-19-1989 by L.L. No. 9-1989; 6-16-1992 by L.L. No. 2-1992]
D. 
The Village Board, in addition to the grounds set forth in any other local law, may refuse to issue a license or may suspend and/or revoke a license already issued whenever, in its judgment, the place used or selected for the storage of the vehicles or the vehicles themselves or the place and manner used or selected for the disposal of refuse is or will be detrimental to the public health and safety.
E. 
The Village Board, in addition to the grounds set forth in any other local law, may revoke or suspend a license already issued on any of the following grounds:
(1) 
A falsification of a fact or facts set forth in the sworn statement required by § 97-15B(1) hereof.
(2) 
Failure to comply with the regulations which are or may be made and published by the Superintendent of Public Works pursuant to § 97-3 hereof.
(3) 
If it is determined by said Village Board that the licensee is conducting the transportation or disposal of refuse in such a way as to be detrimental to the public health and safety.

§ 97-16 Collection vehicle requirements.

A. 
Every vehicle used for the collection and/or disposal of refuse shall have an enclosed body or suitable provision for covering the body. Provision and use of a tarpaulin or canvas to enclose the open body of such a vehicle may be permitted when specifically approved by the Superintendent of Public Works.
B. 
Every vehicle used for the collection and/or disposal of garbage or of refuse containing garbage shall have a watertight body and shall be kept clean and sanitary and in good running order and shall have the licensee's name plainly painted on each side in letters at least four inches high.
C. 
No vehicle used for the collection and/or disposal of refuse shall be operated on any street, avenue or highway in the Incorporated Village of Lindenhurst in an overloaded condition nor in such a manner as to spill the contents thereof onto any street, avenue or highway.
D. 
The Superintendent of Public Works or any other person authorized by the Board of Trustees shall make inspections of the vehicles used for the collection and/or disposal of refuse whenever he deems necessary.
[Amended 6-16-1992 by L.L. No. 2-1992]

§ 97-17 Refuse disposal.

No refuse shall be disposed of within the Incorporated Village of Lindenhurst except at such place or places as may be permitted by the Board of Trustees.

§ 97-18 Penalties for offenses.

[Amended 6-16-1992 by L.L. No. 2-1992]
Any person, corporation or association violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $50 nor more than $1,000 or a term of imprisonment not exceeding 15 days, or both. Such offense is hereby declared to be a misdemeanor.

§ 97-19 Title.

This local law shall be known and may be cited as the "Refuse Local Law of the Incorporated Village of Lindenhurst, New York."