Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 10-21-1992 by L.L. No. 9-1992.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 106.
Property maintenance — See Ch. 161.
[1]
Editor's Note: This local law also superseded former Ch. 183, Solid Waste, adopted as follows: Art. I, 3-14-1990 by L.L. No. 1-1990.

§ 183-1 Purpose.

It is the purpose of this chapter to promote the orderly collection of solid waste and the recycling of certain materials and to comply with § 120-aa of the General Municipal Law of the State of New York as enacted in § 23 of the Solid Waste Management Act of 1988, Chapter 70 of the 1988 Laws of New York State.

§ 183-2 Definitions.

[Amended 10-22-1997 by L.L. No. 13-1997]
As used in this chapter, the following terms shall have the meanings indicated:
BUILDING
Any enclosed structure having a roof and intended to be used for residential, commercial, industrial, social and/or institutional purposes.
BULKY METALS
Stoves, refrigerators, dishwashers, dryers, washing machines, air-conditioning units, boilers, freezers, water tanks, lawn mowers, metal window and door frames, other large metal appliances and any other items as may be determined from time to time by the Commission.
BULKY WASTE
Furniture, including but not limited to beds, mattresses, chairs, tables, rugs and carpets, wood, windows, linoleum, books and any other items as may be determined from time to time by the Commission.
COMMISSION
The Larchmont-Mamaroneck Joint Garbage Disposal Commission.
DEMOLITION DEBRIS
Concrete, masonry, wood, plaster, aluminum or other siding material, wire, asphalt, ceramic tiles, sheetrock, stones, bricks, clay pipes, concrete pipe, window panes, dirt, tree stumps and other by-products of new construction activity, renovation or rebuilding or other modification to a structure, appurtenances and grounds (other than yard waste) and any other items as may be determined from time to time by the Commission.
MULTIFAMILY DWELLING
A building containing three or more dwelling units.
MULTIPLE-PURPOSE BUILDING
A building used for more than one use (e.g., residential, commercial, industrial and/or institutional).
MUNICIPALLY COLLECTED SOLID WASTE
Residential, commercial and industrial waste that decomposes readily and other waste material routinely produced, such as food waste (food remains and containers), and refuse and residue which are collected by the Commission or Commission contractors. The term does not include bulky metals, bulky waste, demolition debris, newspaper, recyclables or yard waste.
NEWSPAPER
Clean, post-consumer newspapers, including inserts. The term does not include newspaper which has been used for purposes inconsistent with recycling, including but not limited to the wrapping of putrescible materials, packaging or painting. The Commission may in its discretion further restrict the character of newspaper included in the term "newspaper."
NONRESIDENTIAL BUILDING
A building used for commercial, industrial, social or institutional purposes.
PERSON
Any individual, firm, company, association, society, corporation, partnership or any other legal entity.
PERSON IN CHARGE
The owner, lessee or occupant of a building and, in the case of a multiple-occupant building, the term shall mean, at the option of the Town of Mamaroneck, the owner or the party so designated by the owner.
PRIVATE DWELLING
A detached building containing one or two dwelling units.
RECYCLABLES
Such items as may be determined to be such from time to time by the Commission and may include such items as paper, newspaper, glass, metals and plastics.
SERVICE UNIT
Each separate dwelling within multifamily dwelling, private dwelling or multiple purpose building and each separate premises within a nonresidential building or multiple purpose building. For example, in a building containing several stores and several apartments, each store is a service unit, and each apartment is a service unit; in a two-family house, each of the two dwellings is a separate service unit. A premises containing more than one nonresidential building but operated as one entity shall be a single service unit.
SOLID WASTE
All waste, refuse and residue collected and disposed of by municipal or private collection.
YARD WASTE
Such materials as shall be determined from time to time by the Commission and may include such items as brush, tree branches, twigs, grass and shrub clippings, weeds and leaves.

§ 183-3 Required containers and storage.

A. 
Every person in charge within the Town of Mamaroneck is hereby required to provide metal or plastic containers sufficient in number and capacity to store solid waste which may accumulate on the premises he/she is in charge of and, unless otherwise provided herein, to keep all such solid waste in such containers. The containers shall be of such size and type as may be required from time to time by the Town of Mamaroneck or the Commission. The Commission may in its sole discretion permit the use of plastic bags in lieu of metal or plastic containers. All containers shall be stored in the manner required by the Town of Mamaroneck or the Commission.
[Amended 10-22-1997 by L.L. No. 13-1997]
B. 
Municipally collected solid waste shall be placed in watertight metal or plastic containers, having a capacity not to exceed 35 gallons, with tight-fitting metal or plastic covers. The weight of any such container and its contents shall not exceed 75 pounds. No portion of any such container shall be located below the surrounding grade level. Material which is not self-contained shall be placed in suitable containers so as to prevent scattering or, if such material is too large to be placed in containers, then such materials shall be bundled and securely tied. Such bundles shall not exceed four feet in length. Any tree branches included in such bundles shall not exceed six inches in diameter. No container or bundle shall exceed 75 pounds in weight.
[Amended 10-22-1997 by L.L. No. 13-1997]
C. 
The Commission or the Town of Mamaroneck may require the use of specific metal containers, such as dumpsters, by multifamily dwellings, multiple-purpose buildings and nonresidential buildings. Such containers, as may be required by the Town of Mamaroneck or the Commission, shall be located in enclosures which shall screen the containers from view. Such enclosures:
[Amended 10-22-1997 by L.L. No. 13-1997]
(1) 
Shall be constructed of stockade fence material with hinged gates and with latches to hold the gates closed;
(2) 
May be constructed of other material with the approval of the Town of Mamaroneck Board of Architectural Review; and
(3) 
Shall have a height of the greater of five feet or 12 inches higher than the containers which they enclose.
D. 
Prior to construction of any enclosure, a fence permit must be obtained from the Building Department of the Town of Mamaroneck. If the Commission provides collection services for the building, the Building Department shall not issue a permit without obtaining the approval of the Commission.
E. 
The owner of any building which, prior to the effective date of this chapter, has an enclosure to house all the containers which 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.
F. 
Construction of enclosures required hereunder must be completed by April 15th 1993.

§ 183-4 Collection procedure.

[Amended 10-22-1997 by L.L. No. 13-1997]
A. 
The person in charge shall cause recyclables to be separated from solid waste.
B. 
The person in charge shall place all material intended for collection by the Commission or the Town of Mamaroneck where it will be readily accessible for collection as follows:
(1) 
Municipally collected solid waste of private dwellings shall be kept in a single location at the rear or side of the residence, or in a garage (doors in an open or up position). Municipally collected solid waste shall be set out for collection by 7:00 a.m. on the scheduled collection date.
(2) 
Municipally collected solid waste of multifamily dwellings, multiple-purpose buildings and nonresidential buildings shall be left for collection in accordance with the regulations of the Commission.
(3) 
Other material collected by the Commission or the Town of Mamaroneck shall be placed on the curb (or if no curb, on the edge of the property adjacent to the paved area of the street or roadway, but not in the street or roadway) readily accessible to the collection vehicle. Such material shall be set out for collection by 7:00 a.m. on the scheduled collection date. If collection vehicles are required to enter private property for collection of material, such entry will be at the sole risk of the property owner.
(4) 
Recyclables shall be placed in containers purchased from the Commission or in other containers approved by the Commission. Such containers shall be placed for collection at curbside only (or if no curb, on the edge of the street or roadway, but not in the street or roadway).
(5) 
There shall be no collection from any building where snow and ice has not been cleared from access pathways or driveways.
(6) 
No material shall be placed for collection prior to sundown of the day preceding the scheduled collection.

§ 183-5 Special requirements for multifamily dwellings, multiple-purpose buildings and nonresidential buildings.

A. 
The person in charge of a multifamily dwelling, multiple-purpose building or nonresidential building shall designate a common area on the building premises in which solid waste is to be accumulated.
B. 
The person in charge of a multifamily dwelling, multiple-purpose building or nonresidential building shall be responsible for the placement of solid waste for collection in accordance with regulations promulgated from time to time by the Commission and the Town of Mamaroneck.
C. 
The placement of solid waste by a lessee of a multifamily dwelling, multiple-purpose building or nonresidential building in an area other than the common area designated by the person in charge shall be deemed a violation of this chapter by such lessee and not by the person in charge, provided that the person in charge shall have properly designated a common area and shall have given the lessee adequate notice thereof.

§ 183-6 (Reserved) [1]

[1]
Editor's Note: Former § 183-6, Multiple-occupant commercial and industrial buildings, was deleted 10-22-1997 by L.L. No. 13-1997.

§ 183-7 Special requirements for certain multifamily dwellings, multiple-purpose buildings and nonresidential buildings.

[Amended 10-22-1997 by L.L. No. 13-1997]
Owners and occupants of multifamily dwellings, multiple-purpose buildings and nonresidential buildings whose solid waste is not collected and disposed of by the Commission shall provide for the collection of solid waste and shall also separate recyclables from other solid waste. The recyclables shall be collected by the Commission in accordance with the rules and regulations of the Commission.

§ 183-8 Yard waste.

Yard waste shall be collected and disposed of in accordance with the rules and regulations of the Commission.

§ 183-9 Bulky metals.

Bulky metals shall be collected and disposed of in accordance with the rules and regulations of the Town of Mamaroneck.

§ 183-10 Disposal of bulky waste.

[Amended 10-22-1997 by L.L. No. 13-1997]
Bulky waste shall be collected and disposed of in accordance with the rules and regulations of the Commission.

§ 183-11 Limitations on collections.

[Amended 10-22-1997 by L.L. No. 13-1997]
A. 
Quantities of solid waste to be collected are limited as follows:
(1) 
The equivalent of no more than three thirty-five-gallon containers of municipally collected solid waste shall be collected from each service unit each collection day.
(2) 
Yard waste. Bundled, tied or containered yard waste not exceeding the equivalent of three thirty-five-gallon containers shall be collected from each service unit once each week. Trimmings, tree branches and logs may not exceed four feet in length and six inches in diameter.
(3) 
Bulky waste. The equivalent of no more than one yard of bulky waste shall be collected from each service unit once each week. The Commission shall have the authority to decline to collect certain bulky waste according to the Commission's ability to collect and/or dispose of such bulky waste. Wood pieces may not exceed four feet in length and six inches in diameter. In the event that bulky waste is declined for collection, the waste must be removed from the curb within 24 hours of receipt of a notice of refusal.
(4) 
Leaf removal. During the fall season, leaves must be placed on the curb (or if no curb, on the edge of the property adjacent to the street or roadway, but not in the street or roadway) and will be collected in bulk in accordance with a schedule determined by the Town of Mamaroneck. At all other times, leaves must be bagged for curbside collection.
(5) 
Christmas trees. Trees shall be placed on the curb (or if no curb, on the edge of the property adjacent to the street or roadway, but not in the street or roadway) and will be collected in January of each year. Christmas trees are exempted from the dimension requirements for yard waste.
B. 
The Superintendent of the Commission shall have the authority to decline to collect certain solid waste according to the Commission's ability to collect and/or dispose of such solid waste.
C. 
The following materials will not be collected:
(1) 
"Regulated medical waste," as defined in § 1389-aa of the Public Health Law of the State of New York as enacted in Chapter 438 of the 1993 Laws of New York State.
(2) 
Material classified as toxic waste by 6 NYCRR Part 366, The Identification and Listing of Hazardous Wastes Pursuant to Article 27, Title 9 of the Environmental Conservation Law, or any ensuing legislation more restrictive than currently in force.
(3) 
Demolition debris.
(4) 
Waste products not accepted by the County of Westchester according to its regulations.
D. 
The Commission will collect on scheduled days in accordance with its rules, amounts of solid waste according to the limitations set forth in this law. Waste in excess of the amounts set forth in this law must be removed or caused to be removed by the person in charge at his expense.

§ 183-11.1 Commission transfer station.

[Added 10-22-1997 by L.L. No. 13-1997]
A. 
Any resident of the Town of Mamaroneck may deliver or dispose of solid waste, bulky waste, yard waste or recyclables at the Commission transfer station in accordance with Commission limitations, rules and regulations. Only waste generated from within the Town of Mamaroneck will be accepted at the transfer station.
B. 
Subject to the approval of the Town of Mamaroneck, the Commission may establish fees for the delivery and/or disposal of such items at the transfer station.
C. 
The delivery of disposal of waste at the transfer station is subject to the rules and regulations of the Commission.

§ 183-12 Prohibited acts.

A. 
Recyclables shall not be placed in containers holding other solid waste.
B. 
Materials and objects other than recyclables shall not be mixed with recyclables which have been left for collection.
C. 
Upon placement of solid waste for collection pursuant to the requirements of this chapter, no person other than the person in charge or the Commission or its designee (or a private carter with respect to buildings whose solid waste or any portion thereof is not collected and disposed of by the Commission) shall remove or disturb such solid waste. Nothing in the preceding sentence shall limit any prohibitions or responsibilities set forth elsewhere hereunder.
D. 
The owners and occupants who are subject to § 183-7 shall not mix recyclables with other solid waste and shall not mix other materials and objects with recyclables.

§ 183-13 Exemptions.

A. 
The Commission may in its discretion grant exemptions from the provisions of this chapter with respect to recyclables on a case-by-case basis. In granting exemptions, the Commission shall give due consideration at least to the following factors, as relevant, in relation to the particular responsibility under this chapter sought to be relieved:
(1) 
Any physical or mental disability of the party seeking relief;
(2) 
Evidence that the party seeking relief from any economic burden which may be imposed hereunder, such as the mandatory purchase of or placement of a deposit upon a recycling container, would be unduly burdened by such economic burden.
B. 
Relief hereunder shall be granted, upon such terms and conditions as the Commission may consider just.

§ 183-14 Administration.

[Amended 6-1-1994 by L.L. No. 5-1994; 10-16-2002 by L.L. No. 10-2002]
The Commission may promulgate such regulations as it deems necessary to effect the provisions of this chapter. Any regulations promulgated by the Commission which will directly impact the residents of the Town of Mamaroneck shall be subject to the approval of the Mamaroneck Town Board. All provisions of this chapter shall be enforced by the Director of Building Code Enforcement and Land Use Administration, or the persons appointed by the Town Board pursuant to § 106-37B.

§ 183-15 Littering.

No person shall, within the Town of Mamaroneck, drop, deposit or otherwise dispose of any refuse in any public places except within containers provided by the Town of Mamaroneck.

§ 183-15.1 Property owners to be responsible for sidewalk.

Persons owning or occupying commercial or private property fronted by or adjacent to sidewalks shall keep said sidewalks and the space from said sidewalks to the curbline free from litter.

§ 183-16 Cleaning of sidewalks.

Each day, except Sundays and legal holidays, the sidewalk of each business establishment shall be swept clean prior to 10:00 a.m., and such material shall not be swept into the roadway but shall be placed in containers as required by this chapter. Each store occupant (i.e. the person in charge of the business being conducted at the store) is responsible for keeping the sidewalk in front of the store clean during business hours.

§ 183-17 Unsanitary conditions prohibited.

No person shall, within the Town of Mamaroneck, allow, permit or cause to exist any unsanitary or filthy condition in or about any premises owned and/or used or occupied by such person.

§ 183-18 Use of public garbage receptacles.

A. 
No person shall place or cause to be placed in any public garbage receptacle in the Town of Mamaroneck any bag, the largest side dimension of which exceeds 10 inches by 15 inches, which contains any objects within it.
B. 
No person shall place or cause to be placed in any public garbage receptacle any box with a capacity in excess of 350 cubic inches. Discarding of such boxes in public receptacles is prohibited even if they are crushed, compacted, cut up or torn up.
C. 
No person shall empty into a public garbage receptacle any bag or box of a capacity described in Subsections A and B above.
D. 
No person shall deposit in any public garbage receptacle any household garbage such as containers which are emptied prior to being removed from the household; wrapping or packaging which was removed within the household from the object(s) wrapped or packaged.
E. 
No person operating or employed by a commercial or industrial establishment shall place any garbage emanating from the commercial or industrial establishment in any public garbage receptacle.

§ 183-19 Penalties for offenses.

A. 
Where recyclables are mixed with other municipally collected solid waste in a container intended for collection and disposal, the Commission or its designee may, in its discretion, decline to collect any and all of the contents of such container and may leave a notice with the container noting the Commission's or its designee's action. In the event that the Commission or its designee declines to collect under this provision, it shall be the responsibility of the person in charge at the collection point to remove said recyclables from such container prior to subsequent collection.
B. 
Where materials other than recyclables are left for pickup as recyclables in accordance with this chapter, the Commission or its designee may, in its discretion, decline to collect any and all of the contents of the container and may leave a notice with the container noting the Commission's or its designee's action. In the event that the Commission declines to collect under this provision, it shall be the responsibility of the person in charge at the collection point to remove all materials other than recyclables from the container prior to subsequent collection.
C. 
Any violation of this chapter shall be punishable by a fine of up to $250 for each such violation or by imprisonment, for the third and each subsequent offense within a one-year period, for a period not to exceed 15 days, or both. Each day during which a violation exists shall be considered a separate and distinct violation punishable as a separate violation.
[Amended 6-1-1994 by L.L. No. 5-1994]
D. 
Any person violating the provisions of this chapter may be required by the Commission to use clear plastic bags as prescribed by the Commission for municipally collected solid waste to be left for collection and disposal for a period not to exceed one year.

§ 183-20 Applicability.

This chapter shall apply only to that part of the Town of Mamaroneck outside of incorporated villages, and whenever and wherever the words "Town of Mamaroneck" are used, such words shall mean the Town of Mamaroneck outside of incorporated villages.

§ 183-21 Conflicting provisions.

In the event that the provisions of this chapter and the provisions of another ordinance or local law are in conflict, this chapter shall supersede said conflicting ordinance or local law. This chapter supersedes Chapter 30 of the General Ordinances of the Town of Mamaroneck enacted on March 14, 1990, and Local Law No. 1-1990.

§ 183-22 Construal of provisions.

A. 
Nothing in this chapter shall be construed to prohibit the retention of recyclables by any person.
B. 
Nothing in this chapter shall be construed to prohibit any person from dropping off recyclables at a recycling facility designated by the Commission.
C. 
Nothing in this chapter shall be construed to prohibit any person from transferring recyclables privately through sale or gift, provided that in no event shall such recyclables be left at the curb for any private pickup.
D. 
Nothing in this chapter shall be construed to prohibit the private composting of yard waste by any person on his own property, provided that all other laws, rules and regulations with respect thereto are complied with.