[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 9-19-1989 by L.L. No. 5-1989 (Ch. 82 of the 1974
Code); amended in its entirety 6-16-2009 by L.L. No. 4-2009.
Subsequent amendments noted where applicable.
It is the purpose of this chapter to set forth the requirements
for a mandatory recycling program in the Town of Clarkstown.
The mandatory recycling program set forth herein shall apply
to all residential, commercial and industrial uses situate in the
unincorporated area of the Town of Clarkstown.
As used in this chapter, the following definitions shall apply:
Includes all disposal containers fabricated of steel and
aluminum and commonly used for soda, beer or other beverages and food
products, except that aerosols and paint cans are excluded.
Includes cardboard, paperboard and corrugated boxes cut down
to fit in appropriate recycle containers or cut and tied into bundles
not more than three feet by three feet in size and stowed next to
recycle containers. In commercial collections, includes all cardboard
boxes as stowed in commercial containers for collection by packer/compactor
trucks.
All products made from silica or sand, soda ash or limestone,
the product being transparent or translucent, clear or colored, and
being used for packaging or bottling of various matter, and all other
materials commonly known as "glass;" excluding, however, blue and
flat glass commonly known as "window glass," Pyrex® cooking ware,
light bulbs, mirrors and ceramics.
Advertisements, brochures, coupons and other primarily unsolicited
commercial mailings, except that telephone directories are excluded.
Periodical publications primarily printed on glossy paperstock.
A building or parcel of land having four or more dwelling
units, including condominium units.
Includes paper of the type commonly referred to as "newsprint"
and distributed at stated intervals, usually daily or weekly, having
printed thereon news and opinions and containing advertisements and
other matters of public interest.
Includes writing, note, gift, typing, copy and all other
similar papers, including scrap and wrapping papers.
Includes all disposal containers fabricated from polyethylene
terephthalate (PETE) or high-density polyethylene (HDPE) and commonly
used for food and nonfood products, except that plastic bags and containers
used for substances considered hazardous are excluded.
It shall be the responsibility of all one-family, two-family,
and three-family residences to separate recyclables from all residential
solid waste and place them out for collection in the following manner:
A.
Recyclables shall be separated from all other garbage or solid waste.
B.
Newspaper, cardboard, junk mail, magazines and paper recyclables
shall be placed in the designated plastic container provided by the
Town for the collection, removal or disposal of the same.
[Amended 9-10-2019 by L.L. No.
11-2019]
C.
Glass and metal recyclables shall be clean and all contents shall
be removed therefrom prior to the collection, removal or disposal
of the same.
D.
All recyclables from one-family, two-family and three-family homes
shall be placed in the designated plastic containers provided by the
Town of Clarkstown for collection, removal and disposal. Recyclables
shall not be placed in plastic bags for collection, removal or disposal.
The recycling container(s) must be kept clean and in such a place
as not to constitute a nuisance or otherwise be objectionable.
[Amended 9-10-2019 by L.L. No.
11-2019]
E.
Recyclables shall not be placed in the same garbage can as or otherwise
mixed with other forms of solid waste for collection, removal or disposal.
F.
It shall be unlawful for a person to collect, remove or dispose of
solid waste which consists of recyclables combined with other forms
of solid waste.
G.
From the time of placement of recyclables at the curb by any resident,
ownership of such materials set out for collection shall thereupon
vest in the Town of Clarkstown. It shall be unlawful for a person
to collect, remove or dispose of recyclables which are the property
of the Town of Clarkstown, except as directed by the Department of
Engineering and Facilities Management of the Town of Clarkstown. A
person or firm authorized by the Town who collects or removes recyclables
which belong to the Town of Clarkstown shall deliver and dispose of
the same at such locations and in such manner as the Department of
Engineering and Facilities Management or the Town of Clarkstown's
duly authorized agents shall designate for that purpose. Each such
collection in violation hereof from one or more residents shall constitute
a separate and distinct offense.
[Amended 12-13-2018 by L.L. No. 9-2018; 9-10-2019 by L.L. No. 11-2019]
H.
The Town Board is empowered to designate the day of the week on which
recyclables shall be collected, removed and disposed of from a particular
area. Recyclables shall not be collected, removed or disposed of from
that area on any day of the week other than that designated by the
Town Board.
I.
Any resident may donate or sell glass containers, newspapers or other
recyclables to any person, partnership or corporation, whether operating
for profit or not for profit. Said person, partnership or corporation
may not, however, under any circumstances, pick up said glass, aluminum
cans, newspapers or other recyclables from the curbside of the Town
of Clarkstown.
A.
Within 60 days after the effective date of this chapter, all nonresidences
and multiple residences shall:
B.
On or before April 15 of each year, each nonresidence in the Town
shall report to the Director of the Department of Engineering and
Facilities Management the quantity and manner of disposal of recyclables
generated by the nonresidence in the preceding calendar year.
[Amended 12-13-2018 by L.L. No. 9-2018]
Recycling collection services to any private residential or
commercial location may not be furnished except between the hours
of 5:30 a.m. and 3:00 p.m. and not at any time on Sundays or public
holidays established by the Town Board by resolution.
The Town Board or its duly authorized agents shall be permitted,
from time to time, to promulgate such other rules or regulations as
may be deemed necessary to effectuate the intent of this chapter.
A.
A person convicted of violating § 226-5A, B, C, D or E or § 226-6B shall be guilty of a violation which is punishable as follows:
(1)
For a first conviction, by a fine of not less than $50 nor more than
$150.
(2)
For a second conviction, by a fine of not less than $100 nor more
than $250.
(3)
For a third conviction, by a fine of not less than $250 nor more
than $500.
(4)
For a fourth conviction, by fine of not less than $500 nor more than
$1,000.
B.
A person convicted of violating § 226-5F, G, H or I or § 226-6A shall be guilty of an offense as defined in § 10.00, Subdivision 1, of the Penal Law, which is punishable as follows:
(1)
For a first conviction, as a violation, by a fine of not less than
$100 nor more than $250.
(2)
For a second conviction, as a Class B misdemeanor, by a fine of not
less than $250 nor more than $500 or by imprisonment for a period
not exceeding 90 days, or by both such fine and imprisonment.
(3)
For a third or subsequent conviction as a Class A misdemeanor, by
a fine of not less than $500 nor more than $1,000 or by imprisonment
for a period not exceeding one year, or by both such fine and imprisonment.
C.
A person or firm convicted of violating § 226-7 shall be guilty of a violation which is punishable as follows:
(1)
For a first conviction, as a violation, by a fine of not less than
$500 nor more than $1000.
(2)
For a second conviction, as a Class B misdemeanor, by a fine of not
less than $750 nor more than one thousand $1,250 or by imprisonment
not exceeding 90 days, or by both such fine and imprisonment.
(3)
For a third or subsequent conviction as a Class A misdemeanor, by
a fine of not less than one thousand $1,250 nor more than $2,500 or
by imprisonment for a period not exceeding one year, or by both such
fine and imprisonment.
[Amended 12-13-2018 by L.L. No. 9-2018]
Enforcement shall be the duty of the Director of the Department
of Engineering and Facilities Management, his designees and the code
enforcement officers of the Town of Clarkstown.
