[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.
An individual or entity which produces or causes to be produced
refuse, trash or recyclable materials.
A building containing four or more dwelling units.
A parcel, building or designated space within a building
that does not contain dwelling units.
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.
Nonhazardous materials requiring special consideration and
handling in collection, including but not limited to:
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]
A.
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.
B.
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.
C.
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,[1] 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.
[1]
Editor's Note: The Architectural and Historic Review
Board.
A.
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.
B.
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:
(1)
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.
(2)
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.
C.
All receptacles for refuse, trash and recyclable materials
shall be removed from the curbline by the owner when empty.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
Recyclable materials shall not be placed in receptacles
containing refuse and other nonrecyclable materials for collection
and disposal by the Department of Public Works.
B.
Refuse and other nonrecyclable materials shall not
be placed in receptacles holding recyclable materials for collection
and recycling by the Department of Public Works.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
