Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 8-20-1991 as part of L.L. No. 1-1991.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 5.
Animals — See Ch. 121.
Recreational areas — See Ch. 228.
Sewers — See Ch. 241.
Sludge and hazardous materials — See Ch. 253.
[1]
Editor's Note: This local law also repealed Res. No. 207-73.

§ 257-1 Purpose.

It is the purpose of this chapter to promote the health, comfort, convenience and general welfare of all residents of the community and to protect and preserve the rights of the Town of Cortlandt and its inhabitants by regulating the methods and procedures of collecting and disposing of garbage, rubbish and refuse within the Town of Cortlandt.

§ 257-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
BUSINESS AREA
The business, light manufacturing and heavy manufacturing districts as shown on the revised Map of the Town of Cortlandt.
CONTAINER
A watertight, nonrusting metal or plastic container of substantial construction with sloping sidewalls, its volume or capacity not to exceed 30 gallons nor its total full weight to exceed 70 pounds, equipped with a tight-fitting cover of the same material as the container and bail or two substantial handles. The Town shall not be responsible for breakage of plastic containers. Securely-tied plastic bags at least 1.5 mils thick, the weight of which does not exceed the ability of the bag to hold the material without breaking when picked up by the neck, may be substituted as a "container"; an automated compaction unit with a capacity for six cubic yards or dumpsters; or any other container as may be approved by the Manager of the Sanitation Division.
GARBAGE
Every waste accumulation of animal, vegetable, fruit or similar organic matter that attends the preparation, use, cooking, dealing in or storage of meat, fish, fowl, fruit or vegetables.
NONACCEPTABLE WASTE
The Superintendent of Sanitation or his designee shall from time to time promulgate and file with the Town Clerk a list of all waste which is deemed to be "nonacceptable." The criteria for determining nonacceptability shall be that it is not acceptable to the resource recovery plant operators to which all of the Town's other refuse and rubbish is delivered. Said list as promulgated herein shall be filed with the Town Clerk and shall take effect immediately upon its filing with the Town Clerk.
PERSON
Any natural person, firm, copartnership, association or corporation.
RECYCLABLES
The Manager of Sanitation will establish a list of materials and items that are to be recycled by the residents of the Town. Said list will be filed with the Town Clerk and received and filed by the Town Board at a regular meeting.
REFUSE
Inorganic wastes such as glass, porcelain, crockery, metals, tin cans or other similar incombustible matter, and shall also include grass clippings, leaves and tree trimmings.
RESIDENTIAL AREA
The residence districts as shown on the revised map of the Comprehensive Zoning Map of the Town of Cortlandt, as well as any multifamily dwellings that are permitted under the Zoning Ordinance of the Town of Cortlandt.
[1]
RUBBISH
Includes litter, paper, paper products or materials, cardboard, wood, rubber, cloth, leather or any other similar combustible material.
[1]
Editor's Note: See Ch. 307, Zoning.

§ 257-3 Administration; rules and regulations.

The removal and disposal of garbage, refuse and rubbish in the Town of Cortlandt, New York, shall be under the jurisdiction of the Central Operations Department. The Manager of Sanitation is hereby empowered to make and publish regulations concerning the days and time of collection for garbage, combustible rubbish and refuse, the location and number of containers and any and all other regulations pertaining to the collection and disposal of these wastes as he may deem advisable, provided that such regulations are not contrary to this chapter, and further provided that no regulation shall become effective until a copy thereof is filed in the office of the Town Clerk of the Town of Cortlandt.

§ 257-4 Maintenance of containers.

A. 
The container shall be maintained in good condition by the owner thereof and shall not be permitted to have any ragged or sharp edges or any other defects liable to hinder or harm the person collecting the contents thereof.
B. 
Should the container deteriorate to such an extent that the handles thereof become dangerous and liable to injure or hinder the person collecting the contents of said container or should it leak, it must be replaced by a proper container within one week after receipt of written notice from the Central Operations Department of said condition. All such improper receptacles shall be removed by the Town collectors.

§ 257-5 Containers to be covered; use.

Said container shall be kept covered at all times with a proper tight-fitting cover except while garbage is being put into such can or while the same is being emptied. It shall be unlawful for anyone other than authorized collectors to disturb any container or to remove the cover or any of the contents thereof or cause the contents thereof to be strewn or scattered on the lawns, sidewalks, streets, alleys, parks, playgrounds, empty lots or other public places in the Town of Cortlandt.

§ 257-6 Preparation and collection of garbage; collections.

A. 
All garbage must be drained and wrapped in paper or plastic bags before placing in the container.
B. 
Dead shrubbery, limbs of trees, flowers, hedge clippings and the like may be deposited for collection, provided that the same are cut into lengths of not greater than four feet and are securely tied in bundles not more than two feet in diameter.
C. 
No garbage, rubbish or refuse or other waste matter shall be put out on the street in the residential area for collection by any person before 7:00 p.m. on the night preceding collection nor after 7:00 a.m. of the day of collection. Empty cans must be removed by sunset of the day of collection.
D. 
No garbage, rubbish or refuse or other waste matter shall be put out on the street in the business area on collection days by any person before 7:00 a.m. nor after 8:00 a.m.
E. 
Commercial collections shall be limited to Monday through Friday, holidays excepted.
F. 
During the time period from Memorial Day through Labor Day, the aforesaid collection time of 7:00 a.m. shall be 6:00 a.m., and the exact start and end of said pickup time shall be set forth annually by the Director of Environmental Services with the approval of the Town Supervisor.
[Amended 9-17-2013 by L.L. No. 2-2013]

§ 257-7 Recycling.

The Town of Cortlandt will continue to recycle. The Manager of Sanitation shall promulgate rules and regulations with respect to the type of recyclables to be collected and the manner in which said recyclables are to be left at curbside for collection. For the first 90 days of the recycling period, anyone who fails to comply with recycling shall be given a warning notice by the Manager of Sanitation. At the expiration of said ninety-day period, anyone who does not properly recycle those materials as included in the list heretofore promulgated by the Manager of Sanitation shall be subject to the fines and penalty provisions of this chapter. The Manager of Sanitation, with the consent of the Town Board, may implement recycling programs in all or part of the Town for various materials.

§ 257-8 Special collections.

A. 
The Manager of Sanitation shall from time to time promulgate a list of those items which shall be collected by the Town on an appointment-type basis and only upon payment of a fee by the property owner for the collection of the same. The items to be included in this area include but are not limited to automobile tires.
B. 
The Manager of Sanitation is hereby empowered to promulgate rules and regulations concerning the collection of these items and will also promulgate the fees to be charged with respect to the collection of these items.

§ 257-9 Operation of disposal facilities.

The Manager of Sanitation shall be responsible for the operation of the Town-owned disposal facilities when in operation, but not limited to the hours of operation, the material which may be deposited therein and the method of disposal.

§ 257-10 Collection procedures.

A. 
Limitations on properties served. It shall be the duty of every person who accumulates garbage, refuse or rubbish to prepare the same for removal by the Sanitation Division of the Town of Cortlandt, except where disposition by a private collector is arranged. Empty cardboard or wooden cartons which have not been flattened shall not be picked up.
B. 
Availability and extension of service.
(1) 
Not more than the equivalent of three thirty-gallon containers of garbage, rubbish or refuse shall be collected in each of two collections in any one week from any one place of business, store, factory or similar establishment or from any property in a residential area without a charge therefor. In the case of residential multifamily dwellings, this limitation shall be for each dwelling unit contained therein.
(2) 
The Manager of Sanitation is hereby authorized to arrange date and time schedules for the collection of garbage, refuse and rubbish for the various sections of the Town.
(3) 
Where the property owner or tenants provide an approved garbage container which can be mechanically emptied into a Town truck, the Manager of Sanitation may authorize Town trucks to enter upon such property, with the written permission of the owners, to empty such container in accordance with Subsection B(1) of this section.
(4) 
The Manager of Sanitation shall not be required to remove from either private residences or from commercial establishments mechanically operated vehicles or machinery or any parts thereof, including tires.
(5) 
All multiple residences of more than three stories in height constructed after the effective date of this chapter shall process all garbage through a compactor or individual compactors before collection by the Town.
(6) 
All multiple residences of 10 or more units in any single development shall place their garbage and refuse in one-and-one-half- or two-yard containers or compactors of a type compatible with the Town's mobile collection equipment as approved by the Manager of Sanitation.
(7) 
Greater volumes or quantity.
(a) 
Notwithstanding anything contained herein, those parcels of land receiving refuse collections in volumes or quantity greater than the above amounts as of April 1, 1991 (which parcels are listed below), shall continue to have the same volume or quantity as enumerated below, collected until such time as:
[1] 
The currently existing business entity terminates its operations or significantly changes the nature and scope of its operations in relation to those currently in existence; or
[2] 
The business entity sells, conveys or transfers said entity to a different person, corporation, partnership or association, or there occurs a bulk sale of assets of said corporation, partnership or association assets or a transfer of a majority of the shares of stock of such corporation or a transfer of more than 50% of the partnership units.
(b) 
Upon the happening of any of the foregoing events, then garbage collection shall comply with the other sections of this chapter.

§ 257-11 Private haulers and collectors.

[Amended 8-17-1993 by L.L. No. 2-1993]
It shall be unlawful for any person, firm or corporation to engage in the business for hire of collecting, handling or transporting through the streets or public ways of the Town of Cortlandt any rubbish, ashes and scrap paper without first obtaining a license to engage in such business. Every person, firm or corporation desiring to engage in such business shall make application to the Manager of Sanitation by setting forth the name of such person, firm or corporation, the residence, if an individual, or the address and place of business, if a firm or corporation, and pay a fee for such license in the sum as set by resolution of the Town Board from time to time for each vehicle to be used in the conduct of such business. Each such license so issued shall expire on the 31st day of December following such date of issue. All vehicles to be used for such purpose must be approved by the Manager of Sanitation as satisfactorily constructed to prevent littering of the Town highways and/or streets and so as not to adversely affect the health, safety and convenience of the people of the Town. The Manager of Sanitation may withdraw approval, and upon such withdrawal he must cancel the license within 10 days after written notice to the applicant at the address listed on application. A copy of all licenses will be filed with the Town Clerk.

§ 257-12 Unlawful acts.

It shall be unlawful for any person, firm or corporation to:
A. 
Place or cause to be placed in or upon any public street, sidewalk or alley of the Town of Cortlandt any ashes, dirt, garbage, refuse or rubbish except as might be provided by this chapter or rules promulgated hereunder.
B. 
Place or cause to be placed in or upon any property within the Town of Cortlandt any garbage, refuse or rubbish except as might be provided by this chapter.
C. 
Place or cause to be placed any garbage, refuse or rubbish or foreign matter of any kind whatsoever in any fountain, pool, pond, lake, stream, culvert, reservoir or its tributaries or watershed or any body of water in a park or elsewhere within the Town, except that this provision shall not prohibit the authorized treatment and control of pools or reservoirs to control or regulate water purity or aquatic vegetation by persons or corporations having all required permits issued by state, county, Town or watershed authorities having jurisdiction over such treatment or such permits.

§ 257-13 Tree cuttings; discarded building materials.

Any person, firm or corporation engaged in the business of cutting or trimming trees or shrubs or in the construction, remodeling and/or demolition of buildings shall be responsible for the disposal of such trees, tree and shrub cuttings and trimmings or discarded building materials at the expense of such person, firm or corporation. It shall be unlawful for such person, firm or corporation to deposit the aforesaid at any location within the Town, whether privately or publicly owned, unless licensed by the Department of Environmental Conservation.

§ 257-14 Appearance tickets.

In addition to any other department authorized to enforce this chapter, the Manager of Sanitation or his designee may issue appearance tickets with respect to violations of this chapter.

§ 257-15 Conflicts with other provisions.

In a case where a provision of this chapter is found to be in conflict with any provisions of the Health and Sanitary Code of the County of Westchester and/or the Sanitary Code of the State of New York, the provisions of this chapter shall apply.

§ 257-16 Higher standards to prevail.

The provisions of this chapter shall supersede local laws, ordinances, codes and regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption of a law, ordinance or regulation which is more restrictive or establishes a higher standard for the collection and disposal of refuse, rubbish and garbage as provided in this chapter, and such more restrictive requirements or higher standard shall govern during the period in which it is in effect.