[HISTORY: Adopted by the Board of Trustees of the Village of Dobbs Ferry as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-1992 by L.L. No. 5-1992 (Ch. 255 of the 1984 Code)]
It is the purpose of this article to comply with § 120-aa of the General Municipal Law of the State of New York as enacted in Section 23 of the Solid Waste Management Act of 1988, Chapter 70 of the 1988 Laws of New York State. Section 120-aa requires that municipalities recycle those components of the waste stream for which economic markets exist where the full avoided costs of proper collection, transportation and disposal of source-separated materials are equal to or greater than the net costs of recycling. "Net cost of recycling" is defined as the cost of collection, transportation and sale of said components less the amount received from their sale.
As used in this article, the following terms shall have the meanings indicated:
- The boundary between a public street or roadway and a private or public property.
- GENERATOR OF SOLID WASTE
- An individual or entity which produces or causes to be produced refuse, trash or recyclable materials.
- MULTIFAMILY RESIDENCE
- A building containing four or more dwelling units.
- A parcel, building or designated space within a building that does not contain dwelling units.
- RECYCLABLE MATERIALS
- Materials which may include newspaper, cardboard, white office paper, glass bottles and jars, plastic containers, aluminum and ferrous metal cans, metal goods and any such other materials as designated by the Board of Trustees.
- Garbage or other nonhazardous waste materials common to ordinary household, institutional or business use not listed as recyclable material or trash.
- A building containing one, two or three dwelling units.
- The Superintendent of the Department of Public Works.
Every generator of solid waste to be collected within the Village by the Department of Public Works or any other agency shall be required by this article to separate that solid waste into nonrecyclable and recyclable components and to further separate recyclable materials into categories for collection as designated by the regulations of the Superintendent.
[Added 10-6-1993 by L.L. No. 6-1993; 9-10-2013 by L.L. No. 7-2013]
Every person having the management or control or the occupancy of any real property, or the buildings or improvements erected thereon, shall provide sufficient receptacles to hold and keep separate all accumulations of refuse and recyclable materials. Receptacles for manual refuse collection shall be supplied with manageable handles, shall be covered with properly fitted lids at all times and shall be maintained in a clean and sanitary condition. No such receptacle when filled shall have a gross weight in excess of 75 pounds. For multifamily residences and nonresidences, the Superintendent shall have the authority to require the use of dumpsters which are compatible with collection equipment used by the Village and to specify their number, size and location. Receptacles for recycling shall be subject to the approval of the Superintendent.
Notwithstanding the above, the Superintendent shall have the authority to require sufficient receptacles, including but not limited to dumpsters and/or compactors, as the Superintendent may deem appropriate, to hold accumulations of garbage, ashes or other waste materials arising from any use within the Village to assure the health, safety and welfare of the residents of the Village and to prevent public nuisances.
Within the Downtown (DB, DT, DG) and Special (WF-A, WF-B, CP and EI) Zones, any and all garbage dumpsters must be blocked or screened/enclosed from view of all public roadways with the use of fences, shrubbery, bushes and/or plantings. Any and all fencing used as screening devices must be approved by the AHRB, and all natural landscaping screening must be approved by the Building Department. All dumpsters must also be enclosed on all sides and secured with properly fitted lids which are closed at all times and maintained in good and working order. As provided in Subsection B above, the Superintendent shall have the authority to require sufficient receptacles as to size, weight, placement, surface and other such requirements.
Editor's Note: The Architectural and Historic Review Board.
The Department of Public Works under the direction of the Superintendent shall provide for the collection and proper disposition of refuse, trash and recyclable materials at such times, in such quantities and subject to the payment of such fees, if any, as the Board of Trustees shall by resolution determine from time to time. The Superintendent shall reserve the right in appropriate situations to determine that refuse, trash and recyclable materials shall not be collected.
On the days designated for the collection of refuse, trash or recyclable materials, the owner or any other person having the management or control of real property shall prepare for the collection of the same in the following manner:
All refuse and trash shall be placed in proper receptacles at the curbline, except that businesses or commercial establishments shall place all receptacles at the curbline or at such other location as shall be approved by the Superintendent. Trash which is too bulky to be placed in proper receptacles shall be bundled and securely tied, the bundle to be not more than five feet in length and to weigh not in excess of 75 pounds.
All recyclable materials shall be placed in proper receptacles at the curbline and in such manner as to comply with the regulations of the Superintendent designed to assure a safe and efficient recycling program.
All receptacles for refuse, trash and recyclable materials shall be removed from the curbline by the owner when empty.
Village trucks may enter upon a private roadway or driveway for the purpose of collecting refuse, trash or recyclable material at the discretion of the Superintendent, provided that the owner of said property or his agent files with the Village Clerk on or before April 1 of each year satisfactory proof of ownership of or easement rights in said roadway or driveway, together with written consent for Village trucks to traverse said roadway or driveway for purposes of collection of refuse, trash and recyclable materials and agreement that the Village shall not be held responsible for any damage or other liability resulting from Village trucks using said roadway or driveway for said purposes.
All leaves which landowners desire to have removed from their property or from the adjoining sidewalk by the Village shall be entirely enclosed in bags, securely tied and placed at the curbline for collection. Leaves shall not be placed, piled or amassed at the curbline or in the street unless they are so bagged.
If a person, firm or corporation fails to follow the requirements of § 258-6A, the Village may, at its option and in the interest of public safety, collect leaves placed, piled or amassed at the curbline or in the street which have not been properly bagged and assess such party the cost to the Village in equipment and labor of collection.
Motor oil, gasoline, organic solvents, cleaning fluids, pesticides, automotive tires and batteries and other materials designated as hazardous by the New York State Department of Environmental Conservation shall not be included with refuse, trash or recyclable material to be collected by the Department of Public Works. No employee of the Village shall be required to handle any receptacle for refuse, trash or recyclable material if a dangerous or unsanitary condition exists or if the material is of a hazardous or unsanitary nature.
The Village is prohibited by the New York State Department of Environmental Conservation from collecting and disposing of construction debris. Debris and waste materials which result from the construction or alteration of private properties, including but not limited to framing lumber, concrete and masonry units, shingles, gypsum board, plaster and window frames, shall not be included with refuse, trash or recyclable materials to be collected by the Department of Public Works. Property owners and contractors shall be fully responsible for the proper disposal of such materials.
The owner or his agent having the management or control of a multifamily residence shall designate a common location or locations within the grounds of that residence in which recyclable materials are to be accumulated prior to collection.
Persons residing in a single dwelling unit within a multifamily residence shall be responsible for separating the recyclable and nonrecyclable materials attributable to that dwelling unit in accordance with the regulations of the Superintendent and for placing such materials in the location designated by the owner or his agent as specified in § 258-9A.
The owner of a multifamily residence or his agent shall be responsible for the separation and placement of recyclable materials for collection and recycling in accordance with the regulations of the Superintendent.
On or before April 1 of each year and in accordance with the regulations of the County of Westchester, each owner of a nonresidence from which recyclable materials have been collected privately shall report to the Superintendent the types and quantities of recyclable materials delivered from the nonresidence to a licensed recycling facility in the preceding calendar year.
Recyclable materials shall not be placed in receptacles containing refuse and other nonrecyclable materials for collection and disposal by the Department of Public Works.
Refuse and other nonrecyclable materials shall not be placed in receptacles holding recyclable materials for collection and recycling by the Department of Public Works.
Recyclable materials left at the curbline for collection and recycling by the Department of Public Works shall become the property of the Village of Dobbs Ferry and shall not be removed by any person not authorized by the Superintendent.
Village-owned litter baskets located in the Main and Cedar Streets business district and in other public areas within the Village shall not be used for disposal of refuse, trash or recyclable materials generated by households, institutions or commercial establishments. If a Village-owned litter basket or collection site consists of one or more receptacles designated for the separate collection of recyclable and nonrecyclable materials, users shall be required to separate their litter into the designated categories and to place it in the proper receptacle.
In accordance with market conditions and any other considerations which it may deem to be in the public interest, the Board of Trustees shall designate the materials to be recyclable materials in the Village of Dobbs Ferry.
In order to implement and maintain an orderly and efficient solid waste management program, it will be necessary to periodically revise the definitions of refuse and recyclable materials and the regulations of the Superintendent pertaining to the days, times, locations and proper receptacles for their collection. These definitions and regulations will be published in the official Village newspaper at least 15 days prior to the date of implementation of this article. Any changes to these definitions or regulations will be published in the official Village newspaper at least 15 days prior to the effective date for these changes.
The Board of Trustees may, at its discretion, grant exemptions from some or all of the provisions of this article on a case-by-case basis. In granting exemptions, the Board of Trustees shall give due consideration to any physical or mental disability of the party seeking relief.
The Superintendent or his designated agent shall have the authority to conduct inspections of receptacles containing refuse or recyclable materials in order to detect violations of this article.
If violations of this article are detected within 120 days of its implementation, the Superintendent shall issue warnings to the owner and/or occupant(s) of the residence, multifamily residence or nonresidence where such violations occurred and shall explain the penalties to which the owner and/or occupant will be subject upon discovery of continuing noncompliance. Such warnings may be personally delivered by the Superintendent or his designated agent or posted by registered mail to the address where noncompliance was detected. In addition, adhesive warning labels may be placed on the receptacles or containers in which violation(s) occurred.
Beginning 121 days following the effective date of this article, the owner and/or occupants of a residence, multifamily residence or nonresidence who do not comply with any provision of this article will be subject to a penalty for each day or separate incidence of noncompliance as set forth in § 258-16 below.
Any person committing a violation of this article shall, upon conviction, be subject to the penalties set forth in § 1-10 of the Code of the Village of Dobbs Ferry.
If a person, firm or corporation willfully and consistently fails to separate refuse, trash and recyclable materials or otherwise fails to comply with the provisions of this article, the Village may assess such party the cost of any fines, expenses or additional fees incurred by the Village resulting from that failure. In addition, the Village shall have the right to discontinue the collection of refuse, trash and recyclable materials from such party.
Any person found to violate the provisions of this article may be required by the Superintendent to use clear plastic bags for refuse or trash left at the curbline for collection and disposal for a period of not to exceed one year.
In addition to the above penalties, the Village may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this article or to restrain by injunction violations of this article.
In the event that the provisions of this article and the provisions of another local law are in conflict, this article shall supersede said conflicting local law.