[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-17-1987 by L.L. No. 2-1987]
As used in this chapter, the following terms shall have the meanings
indicated:
Waste from the preparation, cooking and consumption of food; metal,
glass, Styrofoam, plastic and paper containers for food and household products;
paper, cartons, rags and similar disposable household items.
Dry combustible or noncombustible material which shall include only
the following items: ashes, clothing, magazines and newspapers tied in secure
bundles, small wooden crates, small pieces of metal, and other similar disposable
household items.
A.
Garbage and rubbish containers. All garbage and rubbish
shall be placed in suitable watertight containers equipped with handles and
a conveniently removable lid. All containers shall be kept tightly covered
and maintained in a sanitary condition by periodic cleansing. Garbage not
readily placed in containers must be securely enclosed in plastic bags of
sufficient strength to be lifted and must be puncture resistant.
B.
Container capacities. Garbage and rubbish containers
shall have a capacity not exceeding 32 gallons and shall not weigh more than
75 pounds when filled, except that special containers having a capacity of
not over one cubic yard, the contents of which can be automatically loaded
into the collection vehicle, may be used when approved by the Village carter.
A bundle of paper, cardboard box, and similar materials adequately tied and
not exceeding 75 pounds shall be treated as one container.
C.
Separation of garbage and rubbish. Garbage and rubbish
shall be placed and maintained in separate containers. Broken glass or metal
with jagged or sharp edges, or other harmful materials, shall be properly
packaged to prevent injury to the collector.
A.
Day of collection. Garbage and rubbish shall be collected
from each dwelling unit in the Village twice weekly on regularly scheduled
days designated by the Board of Trustees of the Village. Such collection shall
be subject to variations if and when extraordinary conditions warrant and
to the extent deemed necessary by the Village. There shall be no collections
of any type on Sundays or on legal holidays.
It shall be the duty of the occupant of the dwelling unit to place,
or cause to be placed, all containers of garbage and rubbish at the rear or
side of said dwelling unit at a location which is safe and readily accessible
to collection vehicles or at such other location as may be approved by the
Village on the basis of convenient accessibility.
None of the following items shall be placed for collection at any time
from dwelling units in the Village:
A.
Building rubbish or waste materials from building, construction
or earth-moving operations.
B.
Furniture and household appliances.
C.
Solid or liquid waste resulting from industrial processes
and manufacturing operations, waste oil or grease, or automobile parts.
D.
Volatile or explosive materials such as gasoline, benzine,
kerosene, turpentine, cartridges, shells, ammunition, gun powder.
E.
Landscaping debris, including grass clippings, leaves
and branches.
F.
Material exceeding four feet in length or 18 cubic feet
in capacity.
G.
All items designated as hazardous or nonprocessible waste
under an agreement dated April 4, 1986, between the Village and MMB Energy
Glen Cove Corp.
H.
Such other items as shall be designated from time to
time by resolution of the Board of Trustees.
The Board of Trustees is empowered by resolution to prescribe rules
and regulations for the proper administration and enforcement of this article.
The Board of Trustees may by resolution include or exclude specific items
within the definition of garbage or rubbish.
Garbage and rubbish shall be collected by the Village solely in accordance
with this article. In addition to all other available remedies under this
Code, the Village shall not be required to collect garbage and rubbish from
any dwelling unit where a violation of the provisions of this article exists
or where the occupants of the dwelling consistently and substantially violate
the provisions of this article.
[Adopted 12-19-1989 by L.L. No. 3-1989]
A.
The Board of Trustees of the Incorporated Village of
Oyster Bay Cove hereby determines that there is a significant amount of recyclable
material present in the solid waste generated in the Village that could be
removed by its residents. The recovery and reuse of such recyclable material
will reduce the amount of solid waste conventionally disposed of by providing
an environmentally acceptable disposal alternative. Recycling will reduce
the demand for increasingly unavailable landfill areas and protect the health,
safety and welfare of its residents by promoting prudent disposal programs
essential for the protection of the environment.
B.
The Board of Trustees has determined that the mandatory
separation of designated recyclables from the solid waste stream generated
within the Village will foster maximum environmental and economic benefits
with the minimum inconvenience to its residents and property owners. The Board
of Trustees has further determined that an integral element of this recycling
program shall be the reservation of the authority to adopt appropriate rules
and regulations, including the right to designate or delete the type of material
which shall be recycled; the manner, means, and method of separation; the
method of storage, collection and disposal of recyclables; and the prohibition
of certain designated materials.
C.
This article shall be construed to regulate the separation
and disposal of recyclable materials in accordance with and pursuant to the
New York State Solid Waste Management Plan as currently enacted and as hereafter
amended and shall be liberally construed to effectuate the purposes set forth
herein.
The following words and terms shall have the following meanings:
All other solid waste generated by the Village other than prohibited
materials.
Any individual, firm, corporation, association or partnership.
Materials that contain hazardous or toxic substances or are not suitable
for residential disposal, and which will not be collected or permitted to
be placed in recyclable containers as set forth in the rules and regulations.
Discarded solid waste material which may be reclaimed and is in the
form of paper, glass, metals and plastics.
Specific types of recyclable materials as shall be designated by
the Board of Trustees pursuant to rules and regulations adopted hereunder.
Rules and regulations which are duly adopted by the Board of Trustees
at a public meeting.[1]
[1]
Editor's Note: The Recycling Rules and Regulations are on file in
the office of the Village Clerk.
The owner, lessee or occupant of every dwelling within the Village shall
separate and dispose of recyclables as follows:
A.
Prior to collection, all recyclables shall be processed
and cleaned, with all contents removed, in accordance with the rules and regulations.
B.
Recyclables shall be placed in an approved color-coded
container which has been designated for the particular recyclable group. Recyclables
shall not be stored or mixed in the same container with other forms of solid
waste.
C.
Newsprint shall be bundled and securely tied with a string
or placed in a brown paper bag.
D.
Recyclables shall be collected on a periodic basis and
properly disposed of at a suitable processing center.
Containers for the purpose of collecting and storing recyclables will
be initially provided by the Village to every dwelling. Such containers will
remain the property of the Village and must be kept clean and in good condition.
Recycling containers are not to be used for any purpose other than as described
herein and in accordance with the rules and regulations. In the event that
such containers are lost, damaged or stolen, additional equivalent containers
must be provided by the property owner at his own expense.
The Board of Trustees by resolution shall establish a collection schedule
and applicable procedures for the collection of recyclables.
A.
It shall be unlawful and a violation of this article for any
person:
(1)
To place, or cause to be placed, or to permit any material,
other than a designated recyclable, in an approved recyclable container.
(2)
To permit, or to allow, or to knowingly fail to separate
and prepare recyclables for collection in accordance with the provision of
this article. After providing five days written notice sent, certified mail,
return receipt requested, to the occupant of a dwelling, a private carter
or municipality may refuse to collect said solid waste from any dwelling where
a violation of this article exists.
(3)
To collect or cause to be collected recyclables which
are in violation of this article.
(4)
To permit, or to allow, or to cause to occur a violation
of any rules and regulations promulgated hereunder and duly adopted by resolution
of the Board of Trustees.
B.
Presumption. Any property owner upon whose land solid
waste is left for collection or storage in such a manner as to be in violation
of this article shall be deemed and presumed to be the person who shall have
placed or deposited such solid waste on the property.
[Amended 11-15-2005 by L.L. No. 9-2005]
The Board of Trustees is further authorized upon written notice mailed
to the property owner at the owner's last known address as shown in the Village
records to direct the removal of solid waste in violation of this article.
The cost of said removal, together with interest, shall become a special assessment
on the property where the material is removed, collectible with the next tax
bill due. This remedy is in addition to all other remedies available to the
Village to remedy the violation.
It shall be the duty of the Village Building Inspector, Code Enforcement
Officer, Police Department, and any other individual designated by the Board
of Trustees, and they shall have the power, right, and authority to enforce
the provisions of this article and to issue appearance tickets
for violations.
The Board of Trustees is empowered and authorized to promulgate and
establish by resolution any rules and regulations which are necessary and
proper to implement and administer the provisions of this article.[1]
[1]
Editor's Note: The Recycling Rules and Regulations are on file in
the office of the Village Clerk.
